public policy. The NRG Companies also seek to ensure that the Tariff is not in violation of the Electricity Generation Choice and Competition Act, 66 Pa.C.S. § 2801, et seq. Finally, Rider No. 18 of Duquesne Tariff should be Light’s examined to ensure that the terms, conditions and electric energy purchase price continue to be just, reasonable, and non-discriminatory. * * * 13. NRG Midwest, through various transactions, is a party to a certain Revised QF Agency Agreement, as amended, with Duquesne Light under which NRG Midwest is the ultimate off taker of the net electric output of two small hydroelectric power generators located in Pennsylvania. 14. Per the power purchase agreements currently in place between Duquesne Light and the small hydroelectric power generators the electric energy is purchased (“the PPAs”), subject to the terms and conditions of Duquesne Light’s Tariff . . . . The price of the power so purchased by NRG Midwest is governed, under both the PPAs and the amended Revised QF Agreement, by Contract Rider No. 18 to Duquesne Tariff. Light’s 15. Because NRG relationship with Duquesne Midwest’s Light through both the PPAs and the amended Revised QF Agency Agreement is specifically governed by the provisions of Duquesne approved Tariff, and because current Light’s Tariff Rider No. 18 may present an indirect form of rate discrimination benefitting certain customer-generators, NRG interest in the present matter is direct, immediate Midwest’s and substantial. NRG Complaint at 4-5. In its Answer, Duquesne denied the material allegations in Paragraph 11 of Complaint. Duquesne assertions in Paragraph 13 of the NRG’s admitted NRG’s Complaint and admitted, in part, the Agency Agreement asserted in Paragraph 14. NRG’s Duquesne further maintained that the Agency Agreement was subject to Duquesne’s
public policy. The NRG Companies also seek to ensure that the Tariff is not in violation of the Electricity Generation Choice and Competition Act, 66 Pa.C.S. § 2801, et seq. Finally, Rider No. 18 of Duquesne Light’s Tariff should be examined to ensure that the terms, conditions and electric energy purchase price continue to be just, reasonable, and non-discriminatory. * * * 13. NRG Midwest, through various transactions, is a party to a certain Revised QF Agency Agreement, as amended, with Duquesne Light under which NRG Midwest is the ultimate off taker of the net electric output of two small hydroelectric power generators located in Pennsylvania. 14. Per the power purchase agreements currently in place between Duquesne Light and the small hydroelectric power generators (“the PPAs”), the electric energy is purchased subject to the terms and conditions of Duquesne Light’s Tariff . . . . The price of the power so purchased by NRG Midwest is governed, under both the PPAs and the amended Revised QF Agreement, by Contract Rider No. 18 to Duquesne Light’s Tariff. 15. Because NRG Midwest’s relationship with Duquesne Light through both the PPAs and the amended Revised QF Agency Agreement is specifically governed by the provisions of Duquesne Light’s approved Tariff, and because current Tariff Rider No. 18 may present an indirect form of rate discrimination benefitting certain customer-generators, NRG Midwest’s interest in the present matter is direct, immediate and substantial. NRG Complaint at 4-5. In its Answer, Duquesne denied the material allegations in Paragraph 11 of NRG’s Complaint. Duquesne admitted NRG’s assertions in Paragraph 13 of the Complaint and admitted, in part, the Agency Agreement asserted in NRG’s Paragraph 14. Duquesne further maintained that the Agency Agreement was subject to Duquesne’s