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COMMONWEALTH OF VIRGINIA, EX REL., OFFICE OF ATTORNEY GENERAL v. THE POTOMAC EDISON COMPANY AND STATE CORPORATION COMMISSION OF VIRGINIA

Corporation Commission's granting of temporary surcharges and rate increases for electric service are proper.

Public Service Companies — Power Companies — Temporary Surcharges Made Permanent and Rate Increases Granted.

On an appeal of right from the Corporation Commission's order granting a power company authority to increase its rates and charges for electric service, the Attorney General, representing the consumers of the Commonwealth, argued that the granting of temporary surcharges, later made permanent, was contrary to Virginia law and that the Commission erred in authorizing certain rate increases.

Corporation Commission's granting of temporary surcharges later made permanent pursuant to Code Sec. 56-240, and its authorization of certain rate increases to become effective over a two-year period were proper.

PER CURIAM.Page 1024

This is an appeal of right from the final order of the State Corporation Commission granting The Potomac Edison Company authority to increase its rates and charges for electric service in this Commonwealth. The Attorney General participated in these proceedings through the Division of Consumer Counsel in its role as representative of the consumers of the Commonwealth, pursuant to Code Sec. 2.1-133.1.

We find no merit in the Attorney General's arguments that the Commission's granting of the temporary surcharges, later made permanent pursuant to Code Sec. 56-240, was contrary to the statutory law of Virginia, and that the Commission erred in authorizing certain rate increases to become effective over a two-year period in order to phase in the increases for a limited number of customers. See Commonwealth v. Cen. Tel. Co. of Va., 219 Va. 883, 252 S.E.2d 586 (1979).

Accordingly, the Commission's order of June 13, 1978 is

Affirmed.

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COMM. v. POTOMAC EDISON
(Apr 20, 1979)