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CYTEMP SPECIALTY STEEL DIVISION v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (08/24/89)

decided: August 24, 1989.

CYTEMP SPECIALTY STEEL DIVISION, CYCLOPS CORPORATION, HAMMERMILL PAPER COMPANY, A SUBSIDIARY OF INTERNATIONAL PAPER COMPANY, PPG INDUSTRIES, INC., SAWHILL TUBULAR DIVISION, CYCLOPS CORPORATION AND WHEATLAND TUBE COMPANY, PETITIONERS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT



PETITION FOR REVIEW (PENNSYLVANIA PUBLIC UTILITY COMMISSION)

COUNSEL

Robert L. Kendall, Jr., Joan O. Brandeis, Schnader, Harrison, Segal & Lewis, Philadelphia, and Thomas E. Hirsch, III, Chadbourne & Parke, Washington, D.C., for petitioner.

Kenneth Zielonis, Norman James Kennard, Tucker Arensberg, P.C., Harrisburg, Craig Burgraff, Philip McClelland, Asst. Consumer Advocates, Harrisburg, for Industrial Gas Corp.

Charles R. Cornelius, Farrell, for Sharon Steel Corp.

Michael W. Gang, John H. Isom, Jesse A. Dillon, Morgan, Lewis & Bockius, Harrisburg, for National Fuel Gas Distribution Corp.

Lawrence F. Barth, Asst. Counsel, John F. Povilaits, Deputy Chief Counsel, Daniel P. Delaney, Chief Counsel, Veronica A. Smith, Deputy Chief Counsel, Harrisburg, for respondent.

Crumlish, Jr., President Judge, McGinley and Narick, Senior Judge.

Author: Crumlish

[ 128 Pa. Commw. Page 351]

OPINION

Cytemp Specialty Steel Division, Cyclops Corporation et al. (Cytemp) appeal that portion of a Pennsylvania Utility Commission (Commission) order upholding National Fuel Gas Distribution's (National Fuel) Rate Schedule BP proposed in Supplement No. 9 to Tariff Gas-Pa. PUC No. 7. National Fuel has subsequently filed Supplement No. 22 to

[ 128 Pa. Commw. Page 352]

Tariff Gas-Pa. PUC No. 7 revising Rate Schedule BP and now moves to quash Cytemp's appeal as moot. We deny National Fuel's motion to quash and vacate and remand.

National Fuel provides gas sales and transportation service to industrial customers in northwestern Pennsylvania. Cytemp, lead petitioner in this litigation, is one of several customers in the large volume industrial service rate class (LVIS) who take only a portion of their annual gas requirements from National Fuel. These customers' remaining gas needs are supplied through "bypass" facilities that enable them to purchase additional gas volumes over privately owned pipelines from independent suppliers. However, as long ...


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