Albert Einstein Healthcare Foundation/University v. Pennsylvania Public Utility Commission

Opinion by

Judge McGinley,

This is an appeal by Albert Einstein Healthcare Foundation, University of Pennsylvania, and Amtrak (Petitioners) from an order of the Pennsylvania Public Utility Commission (Commission) setting rates to be charged by Philadelphia Electric Company (PECO) for firm backup power for cogeneration facilities. We affirm.

Background

Congress enacted the Public Utility Regulatory Policies Act of 1978, (PURPA) along with several other statutes, as part of an overall national energy policy. The relevant portions of PURPA are §§201 and 210, codified at 16 U.S.C. §796 and §824a-3,…