West Penn Power Company Sample Clauses

West Penn Power Company. [Docket No. EL95–30–000] Take notice that on March 10, 1995, West Penn Power (West Penn’’) filed a Petition for Issuance of a Declaratory Order (‘‘Petition’’). The Petition requests that this Commission: (1) Issue a declaratory order stating that West Penn has no current purchase obligation from Washington Power Company, L.P. (‘‘Washington Power’’); (2) find that the Public Utility Regulatory Policies Act of 1978 prohibits purchase rates for capacity that exceeds current avoided costs when (a) such rates are based on stale avoided cost data, (b) the utility no longer needs the capacity, and (c) the proposed generating plant is unbuilt; (3) find that a state utility commission may not modify a privately negotiated purchase agreement or, in the alternative, if a state utility commission may modify such an agreement, the utility must have the opportunity to demonstrate the purchase price is higher than the utility’s avoided cost as of the date of the modification; and (4) find that a change in the type of qualifying facility from that originally granted rate approval voids that purchase agreement and requires that capacity charges must be recalculated at current avoided cost rates. Comment date: April 3, 1995, in accordance with Standard Paragraph E at the end of this notice.
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