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PENNSYLVANIA RURAL ELECTRIC ASSOCIATION ET AL. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (04/10/84)

decided: April 10, 1984.

PENNSYLVANIA RURAL ELECTRIC ASSOCIATION ET AL., PETITIONERS
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. PENNSYLVANIA ELECTRIC COMPANY ET AL., INTERVENORS



Appeal from the Order of the Pennsylvania Public Utility Commission in the cases of Cranberry Mall Company v. Pennsylvania Electric Company and Central Electric Cooperative, Inc., No. C-80122281 and Petition of Central Electric Cooperative, Inc. and Pennsylvania Rural Electric Association, No. P-80120251, dated January 29, 1982.

COUNSEL

Anthony C. Adonizio, with him William E. Mowatt, for petitioner, Pennsylvania Rural Electric Association.

Miles R. Lynn, Jr., with him J. Michael King, Lynn & King, for petitioner, Central Electric Cooperative, Inc.

Barbara S. Kahoe, Assistant Counsel, with her, Louise A. Knight, Deputy Chief Counsel, Kandace F. Foust, Assistant Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.

Alan Michael Seltzer, Ryan, Russell & McConaghy, for intervenor, Pennsylvania Electric Company.

Martin Nadorlik, for intervenor, Cranberry Mall Company.

President Judge Crumlish, Jr. and Judges Rogers, Williams, Jr., Craig, MacPhail, Doyle and Barry. Opinion by Judge Barry.

Author: Barry

[ 81 Pa. Commw. Page 467]

This appeal results from an order of respondent, Pennsylvania Public Utility Commission (PUC), which held that intervenor, Pennsylvania Electric Company (Penelec) was the proper retail electrical supplier for an entire enclosed shopping mall (Cranberry Mall) located in Cranberry Township, Venango County. The present dispute involves an interpretation of various provisions of the Retail Electric Supplier Unincorporated Area Certified Territory Act (Act), Act of July 30, 1975, P.L. 113, 15 P.S. § 3277 (Supp. 1983-84), a portion of which provides:

This act shall apply only to the establishment of boundaries of certified territory between retail electrical suppliers where one such supplier is an association or cooperative corporation and the other such supplier is subject to the jurisdiction of the Public Utility Commission for rates, terms and conditions for electrical service.

15 P.S. § 3277.1 (Supp. 1983-84).

Penelec is a retail electrical supplier subject to the jurisdiction of the PUC. Petitioner Pennsylvania Rural Electric Association (PREA) is a non-profit corporation which represents thirteen rural electric

[ 81 Pa. Commw. Page 468]

    cooperatives of the Commonwealth, one of which is petitioner, Central Electric Cooperative, Inc. (Central). Central provides retail electric ...


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