National Fuel Gas Distribution Corp. v. Pennsylvania Public Utility Commission

CRAIG, President Judge.

National Fuel Gas Distribution Corporation (NFG) appeals a decision of the Pennsylvania Public Utility Commission (PUC or commission) that refused to place in effect NFG’s proposed tariff supplement, through which NFG sought to recover contract reformation costs, commonly referred to as take-or-pay costs (TOP costs), under the gas cost rate adjustment mechanism of § 1307(f) of the Public Utility Code, 66 Pa.C.S. § 1307(f), providing for prompt recovery by the utility of increases in the cost of gas purchased by it. We affirm.

Generally speaking, TOP costs are charges…