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PENNSYLVANIA ELECTRIC COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (02/28/84)

decided: February 28, 1984.

PENNSYLVANIA ELECTRIC COMPANY, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania Public Utility Commission in the case of Terry A. and Georgia M. Piatt v. Pennsylvania Electric Company, No. F-8283692.

COUNSEL

Alan Michael Seltzer, with him Frederick L. Reigle, Ryan, Russell & McConaghy, for petitioner.

Thomas J. Sniscak, Assistant Counsel, with him Louise A. Knight, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.

Judges Craig, Doyle and Colins, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 81 Pa. Commw. Page 286]

Pennsylvania Electric Company (Penelec) appeals from an order by the Pennsylvania Public Utility Commission, directing Penelec to recalculate the bill of Terry and Georgia Piatt because of an alleged overcharge for electrical service.

We have been asked to decide if the PUC violated Penelec's due process rights or committed an error of law by using the PUC's Waldron rule to resolve this overbilling dispute and if substantial evidence supports the commission's decision. See Mobilfone of Northeastern Pennsylvania, Inc. v. Pennsylvania Public Utility Commission, 67 Pa. Commonwealth Ct. 219, 222, 446 A.2d 1001, 1003 (1982).

In their complaint, the Piatts claimed that their electric bills of February 10 and April 13, 1982 were abnormally high. We have reproduced part of their billing history for 1981-82, as follows:

KWH Type of

Meter Reading Consumption Reading

Oct. 9-81 823Actual

Nov. 10-81 ...


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