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NEW MARTINSVILLE v. PUBLIC SERVICE COM'N

Nos. 11-1738, 11-1739.

729 S.E.2d 188 (2012)

CITY OF NEW MARTINSVILLE, Petitioner v. The PUBLIC SERVICE COMMISSION OF WEST VIRGINIA; and Monongahela Power Company and The Potomac Edison Company, Both Doing Business as Allegheny Power, Respondents and Morgantown Energy Associates, Petitioner v. The Public Service Commission of West Virginia; and Monongahela Power Company and the Potomac Edison Company, Both Doing Business as Allegheny Power, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 11, 2012.

Attorney(s) appearing for the Case

Robert R. Rodecker, Esq. , Charleston, WV, Attorney for the City of New Martinsville.

E. Dandridge McDonald, Esq. , Ancil G. Ramey, Esq. , Steptoe & Johnson PLLC, Charleston, WV, Attorneys for Morgantown Energy Associates.

Richard E. Hitt, Esq. , Charleston, WV, Attorney for the Public Service Commission.

Christopher L. Callas, Esq. , Stephen N. Chambers, Esq. , Elizabeth A. Amandus, Esq. , Jackson Kelly PLLC, Charleston, WV, Attorneys for Monongahela Power Company and The Potomac Edison Company.

PER CURIAM:

This case is before this Court upon appeal of a final order of the Public Service Commission of West Virginia (hereinafter "Commission")1 entered on November 22, 2011, ruling upon a Joint Petition for Declaratory Order filed by the respondents herein, Monongahela Power Company and the Potomac Edison Company, both doing business as Allegheny Power (hereinafter referred to separately as "Mon Power" and "PE" or collectively as...

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