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DAVID M. BARASCH v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (03/21/84)

decided: March 21, 1984.

DAVID M. BARASCH, ACTING CONSUMER ADVOCATE, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. PHILADELPHIA ELECTRIC COMPANY, PETITIONER V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT



Appeals in cases of David H. Barasch, Acting Consumer Advocate v. Pennsylvania Public Utility Commission and Philadelphia Electric Company v. Pennsylvania Public Utility Commission.

COUNSEL

Irwin A. Popowsky, with him, David Wersan, for petitioner/intervenor, Office of Consumer Advocate.

Walter R. Hall, II, with him, David B. MacGregor and Jack E. Jerrett, Morgan, Lewis & Bockius, and Edward G. Bauer, Jr., General Counsel, for petitioner/intervenor, Philadelphia Electric Company.

Charles F. Hoffman, Chief Counsel, with him, Marlane Chestnut, Assistant Counsel, and Veronica A. Smith, for respondent.

Wayne L. Emery, with him, Susan L. Rockwell and Kenneth R. Pepperney, for interveners, United States Steel Corporation.

Herbert Smolen, with him, Michael S. Chuhinka, for intervenor, City of Philadelphia.

David M. Kleppinger, McNees, Wallace & Nurick, with him, Edward J. Riehl, for intervenor, Philadelphia Area Industrial Energy Users Group.

Judge Doyle. Opinion by Judge Doyle.

Author: Doyle

[ 83 Pa. Commw. Page 552]

On November 23, 1983 the Pennsylvania Public Utility Commission (PUC or Commission) entered a final Order in Pennsylvania Public Utility Commission Page 553} v. Philadelphia Electric Co., Docket No. R-822291, granting the Philadelphia Electric Company (PECO) $143.5 million of a requested rate increase of $228.2 million. On December 7, 1983, the Office of Consumer Advocate (OCA) filed with the Commission a Petition for Reconsideration based upon a recent decision of this Court filed on November 29, 1983, viz., Walter W. Cohen v. Pennsylvania Public Utility Commission, No. 197 C.D. 1983. The sole ground for the OCA's Petition for Reconsideration was the specific issue of the proper ratemaking treatment to be given to PECO's consolidated federal income tax expense.

Subsequently, on December 21, 1983, the OCA filed a Petition for Review of the Commission's November 23, 1983 final order on four grounds, which are as follows:*fn1

(a) the inclusion in the rate base of $70.8 million in investment in nuclear fuel in process;

(b) the inclusion in rate base of $20.9 million in construction work in progress on ...


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