Opinion

Office of The People's Counsel v. Public Service Comm'n / Exelon Corp.

  • 163 A.3d 735
  • 2017 D.C. App. LEXIS 205
  • 2017 WL 3091656
Court
District of Columbia Court of Appeals
Filed
Jul 20, 2017
Status
Published
Author
Farrell
On the bench
Fisher, McLeese, Farrell
Cited by
7 cases

accepting Public Service Commission's conclusion that unqualified language of notice provision was implicitly limited to certain proceedings

How later courts described this case

  • accepting Public Service Commission's conclusion that unqualified language of notice provision was implicitly limited to certain proceedings
  • "[I]f petitioners believed that further discovery or hearings were necessary, they were obliged to bring that point to the Commission's attention before the Commission ruled ...."
  • “To permit meaningful judicial review, we require the Commission to explain its actions fully and clearly.” (brackets omitted)

Written by the judges who cited it.

The opinion

Farrell, Senior Judge,

concurring:

I join Judge McLeese’s admirably concise opinion for the court, and write just to make two brief points. The first is the obvious one that if the D.C. Council, like the Executive, thinks the Commission overreached itself, see D.C. Code § 1-204.50 (2016 Repl.), by making Pepeo set up an escrow fund under the supervision (and power to disburse monies) of the Commission, the Council has its own remedies. Second, I tip my hat—and have little doubt my colleagues do also—to the gruelingly conscientious work of the Commission in treating and resolving the issues in this case, one it recognized as importantly affecting the welfare of the District’s residents going forward. The succession of detailed administrative- orders and findings, especially those bearing the signature of Commissioner Fort, are of a clarity and quality any appellate judge could be proud of.

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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