Delmarva Power & Light Co. v. Commonwealth

OPINION

Justice NIGRO.

At issue in this appeal is whether the Pennsylvania Public Utility Commission’s Fiscal Office (the “Fiscal Office”) may assess electric generation suppliers (“EGSs”) for the administrative expenses of the Public Utility Commission (the “Commission”), the Office of Consumer Advocate (“OCA”), and the Office of Small Business Advocate (“OSBA”).1 We hold that the Fiscal Office may not assess EGSs for such expenses.

Appellants Delmarva Power & Light Company, t/a Conectiv Energy (“Conec-tiv”), and PPL Energyplus, LLC (“PPL”) are licensed by the Commission to act as EGSs pursuant…