Opinion

Pennsylvania Power Co. v. Public Utility Commission

  • 932 A.2d 300
  • 2007 Pa. Commw. LEXIS 472
Court
Commonwealth Court of Pennsylvania
Filed
Aug 21, 2007
Status
Published
Author
Smith
On the bench
Leadbetter, Colins, McGinley, Smith-Ribner, Pellegrini, Friedman, Simpson
Cited by
7 cases

stating that the PUC’s “interpretation of the AEPS Act is entitled to great deference and will not be reversed unless clearly erroneous”

How later courts described this case

  • stating that the PUC’s “interpretation of the AEPS Act is entitled to great deference and will not be reversed unless clearly erroneous”
  • extending deference to the PUC’s interpretation of the Electricity Generation Customer Choice and Competition Act, 66 Pa. C.S. §§2801-2812

Written by the judges who cited it.

The opinion

Judge SMITH-RIBNER and Judge SIMPSON

concur in the result only.

ORDER

AND NOW, this 21st day of August, 2007, the orders of the Public Utility Commission in the above captioned matter are hereby VACATED and the case is REMANDED only with respect to their denial to Penn Power of the use of a reconciliation mechanism, and REVERSED only with respect to their restriction of Penn Power’s access to alternative energy projects located in the PJM service territory but outside the Commonwealth. Penn Power’s motion to quash DEP’s notice of intervention is hereby DENIED.

Jurisdiction relinquished.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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