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PENNSYLVANIA BUILDERS ASSOCIATION AND RICHARD W. RICHARDS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (07/09/81)

decided: July 9, 1981.

PENNSYLVANIA BUILDERS ASSOCIATION AND RICHARD W. RICHARDS, PETITIONERS
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. PENNSYLVANIA POWER AND LIGHT COMPANY (PP&L) ET AL., INTERVENORS



Appeal from the Order of the Pennsylvania Public Utility Commission in case of Pennsylvania Public Utility Commission v. Pennsylvania Power and Light Company, No. R-78040578.

COUNSEL

Loudon L. Campbell, with him J. Scott Calkins, for petitioners.

Daniel P. Delaney, Assistant Counsel, with him Joseph J. Malatesta, Jr., Chief Counsel, for respondent.

Gennaro D. Caliendo, with him David J. Dulick, for intervenor, Pennsylvania Power & Light Company.

Walter W. Cohen, Consumer Advocate, with him Martha Bush, Assistant Consumer Advocate, Philip McClelland, Assistant Consumer Advocate, and Andrew Hermann, Legal Assistant, for intervenor, Consumer Advocate.

Timothy F. Nicholson, for Amicus Curiae, Pennsylvania Gas Association.

Ronald Ziegler, Tubis, Schwartz & Ziegler, for Amicus Curiae, Pennsylvania Petroleum Association.

President Judge Crumlish and Judges Mencer, Rogers, Craig and Palladino. Judges Blatt, Williams, Jr. and MacPhail did not participate. Opinion by President Judge Crumlish. Judge Mencer did not participate in the decision in this case.

Author: Crumlish

[ 60 Pa. Commw. Page 439]

The Pennsylvania Builders Association appeals a Pennsylvania Public Utility Commission order approving a tariff supplement filed by the Pennsylvania Power and Light Company (PP&L).*fn1 We reverse.

On April 6, 1978, PP&L filed a proposed tariff supplement, the effect of which was to establish mandatory building insulation standards as a pre-condition to the Utility's providing electrical service to newly constructed buildings.*fn2 The tariff supplement would

[ 60 Pa. Commw. Page 440]

    impose specific insulation standards on all new buildings regardless of what energy source was being used ...


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