Green Mountain Energy Co. v. Pennsylvania Public Utility Commission

OPINION BY

Judge SIMPSON.

The Pennsylvania Public Utility Commission (PUC) asks us to quash an appeal from its Order permitting PECO Energy Company’s (PECO) wind tariff to become effective before resolving anti-competition complaints. We conclude that the PUC’s Order, which was entered without prejudice to outstanding complaints, was neither a final, appealable order nor an appealable collateral order. Accordingly, we quash the appeal as premature, thereby allowing the PUC to complete its investigation and hearing process.

The background for this litigation is the Electricity Generation Customer…