Pennsylvania State University v. Public Utility Commission

DISSENTING AND CONCURRING OPINION BY

Judge COHN JUBELIRER.

Because I would conclude that The Pennsylvania State University (PSU) did not receive adequate notice that the 2004 Petition’s rate cap extension would not apply to all of PSU’s Tariff accounts, I respectfully dissent from Part V of the majority’s opinion. In Part V, the majority concludes that the customer bill inserts sent by Allegheny Power and the publication of the 2004 Petition in the Pennsylvania Bulletin on September 25, 2004, provided PSU with adequate notice of the “Petition case and that its Tariff 37 rights could be…