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POTOMAC EDISON CO. v. STATE CORP. COM'N

Record No. 080727.

667 S.E.2d 772 (2008)

The POTOMAC EDISON COMPANY, d/b/a Allegheny Power v. STATE CORPORATION COMMISSION, et al.

Supreme Court of Virginia.

October 31, 2008.

Attorney(s) appearing for the Case

Robert M. Rolfe (Richard D. Gary; Cassandra C. Collins; Edward P. Noonan; Hunton & Williams, on briefs), Richmond, for appellant.

William H. Chambliss, General Counsel (John F. Dudley, Counsel to the Commission; Arlen K. Bolstad, Deputy General Counsel, on brief), for appellee State Corporation Commission.

C. Meade Browder, Jr., Senior Assistant Attorney General (Robert F. McDonnell, Attorney General; William C. Mims, Chief Deputy Attorney General; Maureen Riley Matsen, Deputy Attorney General; Kiva Bland Pierce, Assistant Attorney General; D. Mathias Roussy, Jr., Assistant Attorney General, on brief), for appellee Office of the Attorney General, Division of Consumer Counsel.

No brief filed by appellee Frederick County Industrial Development Authority.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and MILLETTE, JJ., and RUSSELL, S.J.

OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether the State Corporation Commission (the Commission) erred in setting an electric retail rate in an amount less than the rate requested by the Potomac Edison Company, doing business as Allegheny Power (AP), which rate AP had sought for the purpose of recovering certain purchased power costs under Code § 56-582(B)(i). We focus our inquiry on the question whether in computing AP's rate relief...

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