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PENNSYLVANIA BUILDERS ASSOCIATION AND RICHARD W. RICHARDS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (07/08/83)

decided: July 8, 1983.

PENNSYLVANIA BUILDERS ASSOCIATION AND RICHARD W. RICHARDS, APPELLEES, (PETITIONER BELOW)
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, APPELLANT, (RESPONDENT BELOW) PENNSYLVANIA POWER & LIGHT COMPANY, (INTERVENOR BELOW). PENNSYLVANIA BUILDERS AND RICHARD W. RICHARDS, APPELLEES (PETITIONER BELOW), V. OFFICE OF CONSUMER ADVOCATE OF THE COMMONWEALTH OF PENNSYLVANIA, APPELLANT (INTERVENOR BELOW) PENNSYLVANIA POWER & LIGHT COMPANY, INTERVENOR (INTERVENOR BELOW)



Nos. 12 & 13 M.D. Appeal Dkt. 1982, Consolidated Appeal from the Orders of the Commonwealth Court at 931 C.D. 1980, reversing the Order of the Pennsylvania Public Utility Commission at Docket No. R-78040578.

COUNSEL

Daniel P. Delaney, Joseph J. Malatesta, Jr.; Martha W. Bush, Philip McClelland, Asst. Consumer Advocates, Harrisburg, Pennsylvania, for appellant.

G.D. Caliendo, David J. Dulick, Allentown, Pennsylvania, for appellee Pennsylvania Power & Light.

J. Scott Calkins, Loudon L. Campbell, Harrisburg, for appellee Pennsylvania Builders Ass'n.

Roberts, C.j., and Larsen, Flaherty, McDermott and Zappala, JJ. Nix and Hutchinson, JJ., did not participate in the consideration or decision of this case. Larsen, J., dissents.

Author: Mcdermott

[ 502 Pa. Page 88]

OPINION

This case presents the consolidated appeals of the Pennsylvania Public Utility Commission (Commission), the Office of Consumer Advocate, and the Pennsylvania Power and Light

[ 502 Pa. Page 89]

Company (PP & L).*fn1 These parties appeal the order of the Commonwealth Court reversing a Commission order approving a tariff supplement filed by PP & L.

On April 6, 1978, PP & L filed a proposed tariff supplement which, among others, contained a provision (Rule 2-H) establishing mandatory building insulation standards for newly constructed buildings as a pre-condition to the provision of electrical service. The tariff would apply the insulation standards to all new buildings regardless of whether heated or cooled by electrical energy sources. After hearings before an Administrative Law Judge, the tariff was approved with the modification that said standards did not apply to new buildings with heating and cooling systems powered by non-electrical energy sources. The Commission issued an order approving the tariff and reinstating the requirements as applying to all buildings regardless of energy source. The tariff supplement was given an effective date of May 21, 1980, with the exception that Rule 2-H, the subject of this appeal, had an effective date of April 1, 1981.

On April 23, 1980, appellees Pennsylvania Builders Association (Association) and Richard W. Richards filed a petition for review in the Commonwealth Court, challenging the Commission's approval of Rule 2-H. Appellees challenged the Commission's authority to require such standards for buildings with energy sources other than electricity. Subsequent to the filing of briefs, the General Assembly enacted the Building Energy Conservation Act (Conservation Act),*fn2 signed into law December 15, 1980, and with an effective date of January 1, 1981. In the Conservation Act, the Legislature established a set of mandatory minimum insulation standards, which standards were generally less ...


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