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LEONARD J. BODACK v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (01/28/83)

decided: January 28, 1983.

LEONARD J. BODACK, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT



Original jurisdiction in the case of Leonard J. Bodack v. The Pennsylvania Public Utility Commission.

COUNSEL

Albert D. Brandon, for petitioner.

Charles F. Hoffman, Chief Counsel, with him Daniel P. Delaney, Deputy Chief Counsel, for respondent.

W. Russell Hoerner, for intervenor, Pennsylvania Electric Association and Pennsylvania Power Company.

Judges Rogers, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 71 Pa. Commw. Page 455]

By means of a Petition for Review in the nature of an application for a writ of prohibition, addressed to our original jurisdiction, Leonard J. Bodack seeks an order prohibiting the Pennsylvania Public Utility Commission from effectuating in the context of pending and future public utility rate proceedings, its "Policy Statement; Procedure for Implementing Normalization of Federal Income Tax Benefits of Accelerated Cost Recovery System,"*fn1 adopted by the Commission following a public hearing conducted on

[ 71 Pa. Commw. Page 456]

April 22, 1982, promulgated in Volume 12, Number 20 of the Pennsylvania Bulletin at pages 1565-1568,

[ 71 Pa. Commw. Page 457]

    and intended to be codified as an appendix to Chapter 53 of Title 52 of the Pennsylvania Code. Now before us for consideration are the Commission's preliminary objections to Mr. Bodack's petition.

The averments, the factual verity of which for these purposes we accept, are that the petitioner*fn2 is a resident of the cities of Pittsburgh and Harrisburg; that he is a consumer of and rate-payer to five public utilities whose operations and rates are regulated by the Commission; that the Commission's policy statement referred to above permits regulated utilities to ...


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