Duquesne Light Co. v. Pennsylvania Public Utility Commission

Opinion by

President Judge Crumlish, Jr,

Duquesne Light Company (Duquesne) appeals four Pennsylvania Public Utility Commission (Commission) orders, 1 the cumulative effect of which was to direct the refund of over $13.6 million in net energy clause 2 charges and interest to its customers. We vacate the Commissions order establishing Duquesnes liability for the refund, and we remand for further proceedings.

The federal Nuclear Regulatory Commission (NRC) ordered Duquesnes Beaver Valley Power Station Unit No. (Beaver Valley I) shut down on March 13, 1979, for re-evaluation of the seismic design of…