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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Green Mountain Energy Company, The New Power Company, Inc., SmartEnergy, Inc., and AES NewEnergy, Inc., Petitioners v. Pennsylvania Public Utility Commission, Respondent BEFORE: : : : : : : : : : : :

No. 246 C.D. 2002 Argued: September 11, 2002

HONORABLE JAMES GARDNER COLINS, President Judge HONORABLE DAN PELLEGRINI, Judge HONORABLE ROCHELLE S. FRIEDMAN, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Judge HONORABLE ROBERT SIMPSON, Judge FILED: November 19, 2002

OPINION BY JUDGE SIMPSON

The Pennsylvania Public Utility Commission (PUC) asks us to quash an appeal from its Order permitting PECO Energy Company's (PECO) wind tariff to become effective before resolving anti-competition complaints. We conclude that the PUC's Order, which was entered without prejudice to outstanding complaints, was neither a final, appealable order nor an appealable collateral order. Accordingly, we quash the appeal as premature, thereby allowing the PUC to complete its investigation and hearing process. The background for this litigation is the Electricity Generation Customer Choice and Competition Act, 66 Pa.C.S.

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Pennsylvania Law