Legal Opinion

Pennsylvania Power Co. v. Pennsylvania Public Utility Commission

Commonwealth Court of Pennsylvania

Decided November 15, 1989No. 1317 C.D. 1988PublishedCited by 13 opinions

1Opinion of the Court

CRAIG, Judge.

Pennsylvania Power Company (Penn Power or company) appeals from a decision of the Pennsylvania Public Utility Commission (PUC or commission) that refused to allow the company, under the energy cost rate (ECR) mechanism, 1 to include in its rates certain expenses incurred by the company as the result of a sale and buyback agreement with another utility. Penn Power raises issues of whether the commission’s order is consistent with its subsidiary find ings, whether such action by the commission is pre-empted by federal law, and whether the order effects an unconstitutional taking of…

2Cases cited15 opinions

  1. Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
  2. Nantahala Power & Light Co. v. ThornburgSupreme Court of the United States · 1986
  3. Duquesne Light Co. v. BaraschSupreme Court of the United States · 1989
  4. Mississippi Power & Light Co. v. Mississippi Ex Rel. MooreSupreme Court of the United States · 1988
  5. Barasch v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1987

10 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Metropolitan Edison Co. v. Pennsylvania Public Utility CommissionCourt of Appeals for the Third Circuit · 2014
  2. Gulf States Utilities Co. v. Public Utility CommissionCourt of Appeals of Texas · 1992
  3. Pennsylvania Industrial Energy Coalition v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1995
  4. Ciamaichelo v. Independence Blue CrossCommonwealth Court of Pennsylvania · 2002
  5. Romeo v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 2017

8 more not listed; retrieve them via the Exa API.

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