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DOUGLAS BAKER v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (07/17/74)

decided: July 17, 1974.

DOUGLAS BAKER, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, APPELLEE, AND PHILADELPHIA ELECTRIC COMPANY, INTERVENING APPELLEE



Appeal from the Order of the Pennsylvania Public Utility Commission in case of Re: Philadelphia Electric Company Proposed Supplements Nos. 5, 6 and 7 to Tariff Electric-Pa. P.U.C. No. 24 and Tariff Utility-Pa. P.U.C. No. 7.

COUNSEL

Lawrence Sager, for appellant.

Larry Gesoff, Assistant Counsel, with him Edward Munce, Acting Counsel, for appellee.

Ernest R. von Starck, with him Kenneth R. Myers and, of counsel, Edward G. Bauer, Jr. and Morgan, Lewis & Bockius, for intervening appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Rogers.

Author: Rogers

[ 14 Pa. Commw. Page 247]

On July 14, 1972, Philadelphia Electric Company, intervening appellee, filed Supplements Nos. 5, 6 and 7 to its several electric tariffs. Supplement No. 5 provided an increase of about 3% over existing rates, Supplement No. 6 an increase of 6% over existing rates, and Supplement No. 7 an increase of 9% over existing rates. The proposed effective date of the increases was September 12, 1972, which was later voluntarily postponed to October 4, 1972.

In an order dated October 3, 1972, the Pennsylvania Public Utility Commission ordered the suspension of Supplement Nos. 6 and 7 and an investigation to be commenced of the lawfulness of Supplements Nos. 5, 6 and 7. Supplement No. 5 thus became effective on October 5, 1972.

The appellant in the instant proceedings, Douglas Baker, filed a complaint against the rate increases with the commission on August 14, 1972, as did a number of other persons.

The commission conducted lengthy public hearings, during all of which time the suspension of Supplements Nos. 6 and 7 was continued.

By its final order dated August 17, 1973, the commission found that the rates provided for in Supplement No. 7 were reasonable and proper and directed that they should become effective on August 21, 1973.

Baker, who had not participated in the hearings held in connection with the commission's investigation of the lawfulness of ...


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