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EMPORIUM WATER CO. v. PA. PUBLIC UTILITY COM'N

No. 976 C.D. 2007

955 A.2d 456 (2008)

EMPORIUM WATER COMPANY, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 4, 2008.

Publication Ordered August 14, 2008.

Attorney(s) appearing for the Case

Stanley E. Brown, Harrisburg, for respondent.

Christine Maloni Hoover, Harrisburg, for intervenor, Office of Consumer Advocate.

BEFORE: FRIEDMAN, Judge, COHN JUBELIRER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

In this case we determine whether Emporium Water Company (Utility) should be allowed to use a "hypothetical capital structure" in calculating the utility's proper rate of return. Utility appeals from the Order of the Pennsylvania Public Utility Commission (PUC), issued December 28, 2006 (December Order), which, inter alia, concluded that Utility could not use a hypothetical capital structure, but must use the Utility's "actual...

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