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ARIPPA v. PA. PUBLIC UTILITY COM'N

No. 1198 C.D. 2007.

966 A.2d 1204 (2009)

ARIPPA, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 3, 2009.

Attorney(s) appearing for the Case

Michael L. Swindler, Harrisburg, for petitioner.

Lawrence F. Barth, Harrisburg, for respondent.

Steven C. Gray, Harrisburg, for intervenor, Office of Small Business Advocate.

Anthony D. Kanagy, Harrisburg, for intervenor, PPL Electric Utilities Corporation.

Alan Michael Seltzer, Wyomissing, for intervenors Metropolitan Edison Company and Pennsylvania Electric Company.

BEFORE: LEADBETTER, President Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge and LEAVITT, Judge.

OPINION BY President Judge LEADBETTER.

In this appeal, we are asked to determine which entity, the non-utility generation facility or the electric distribution company, owns alternative energy credits where the power purchase agreement executed by the two entities is silent on the issue. This occurred because the contract was entered into before the creation of alternative energy credits in 2005 by the Alternative Energy Portfolio Standards Act (AEPS).

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