Joseph Horne Co. v. Pennsylvania Public Utility Commission

Opinion by

Judge Craig,

Joseph Horne Co., a ratepayer of Duquesne Light Co., appeals from an order of the Pennsylvania Public Utility Commission, which granted Duquesne, a regulated utility, a rate increase of $64 million. We must determine whether the option order procedure, which the PUC employed here, violates either the Pennsylvania Public Utility Code, 66 Pa. C. S. §§101-3315, or the due process clause of the United States or Pennsylvania Constitution.

The utility originally filed Tariff Supplement No. 49 with the PUC, requesting a general rate increase in excess of $100 million. The PUC…