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PA POWER CO. v. PUBLIC UTILITY COM'N

932 A.2d 300 (2007)

PENNSYLVANIA POWER COMPANY, Petitioner v. PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 21, 2007.

Attorney(s) appearing for the Case

John F. Povilaitis, Harrisburg, for petitioner, Pennsylvania Power Company.

Shane Rooney, Asst. Counsel, Harrisburg, for respondent, PA Public Utility Commission.

Scott Perry, Asst. Counsel, Harrisburg, for intervenor, Department of Environmental Protection.

Todd S. Stewart, Harrisburg, for intervenor, Dominion Retail, Inc.

BEFORE: LEADBETTER, President Judge, and COLINS, Judge, and McGINLEY, Judge, and SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge, and SIMPSON, Judge.

OPINION BY President Judge LEADBETTER.

The Pennsylvania Power Company (Penn Power) petitions for review from the orders of the Pennsylvania Public Utility Commission (PUC) entered on April 28, 2006 and May 4, 2006, which denied Penn Power use of a proposed interim rate reconciliation mechanism, as well as, in the alternative, a proposed risk-shifting mechanism, through which Penn Power sought to fully recover its costs as a provider of last resort,

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