Barasch v. Pennsylvania Public Utility Commission

DOYLE, Judge.

Before us for consideration are two consolidated appeals which question the right of a public utility to recover the costs of facilities not presently used and useful in order to ensure repayment of principal and interest on a loan made by the Water Facilities Loan Board (Loan Board) 1 pursuant to the Water Facilities Restoration Act (Water Act). 2 Specifically, we must decide whether our Supreme Court’s decision in Barasch v. Pennsylvania Public Utility Commission, 516 Pa. 142, 532 A.2d 325 (1987), aff'd sub nom., Duquesne Light Co. v. Barasch, 488 U.S. 299, 109 S.Ct. 609, 102…