We are not persuaded that the limited and temporary waiver granted in the Smart constitutes a blanket waiver. All discussion of meter testing Meter Implementation Order waivers in the was in the context of meters replaced Smart Meter Implementation Order at customer request ahead of a deployment schedule. Customers that request accelerated deployment of smart meters incur costs for the installation of their smart meters. The recognized that waiving legacy meter testing when Smart Meter Implementation Order the accelerated smart meter deployment would provide an customer requests offset to the against the cost of the requested accelerated deployment. It is such a customer cost limited and temporary waiver that was granted on a blanket basis. Duquesne Light has provided no facts or law to persuade us to expand that decision or our interpretation of that decision in this proceeding. Duquesne Light has alleged in its Reconsideration Petition that, by misinterpreting our we have begun to impose requirements on the Smart Meter Implementation Order, EDCs that are inconsistent with the way the EDCs have been interpreting that order. Reconsideration Petition at 1-3. We disagree. Duquesne Light has not noted any EDC relying on the interpretation that Duquesne Light is espousing. While Duquesne Light points to PPL as an example, it is clear that PPL has not relied on Duquesne Light’s interpretation. Where there is an inconsistency between an EDC’s interpretation of a Commission order and the Commission’s own interpretation of that order, it does not necessarily follow that the Commission has misinterpreted its own order. In fact, Pennsylvania courts have held that an agency is peculiarly fitted to interpret its own “administrative orders.” 107 A.2d 159, 162 (Pa. Super. Ct., W. J. Dillner Transfer Co. v. Pa. PUC, 1954). Consequently, a court will not set aside an agency’s construction of its own order the result is clearly erroneous, arbitrary, and unsupported by evidence.” Dillner “unless at 162. We are not persuaded that the limited and temporary waiver granted in the Smart applies to the waivers requested by Duquesne Light in its Meter Implementation Order original Waiver Petition (or in the Reconsideration Petition) at this docket.
We are not persuaded that the limited and temporary waiver granted in the Smart Meter Implementation Order constitutes a blanket waiver. All discussion of meter testing waivers in the Smart Meter Implementation Order was in the context of meters replaced at customer request ahead of a deployment schedule. Customers that request accelerated deployment of smart meters incur costs for the installation of their smart meters. The Smart Meter Implementation Order recognized that waiving legacy meter testing when the customer requests accelerated smart meter deployment would provide an offset to the customer cost against the cost of the requested accelerated deployment. It is such a limited and temporary waiver that was granted on a blanket basis. Duquesne Light has provided no facts or law to persuade us to expand that decision or our interpretation of that decision in this proceeding. Duquesne Light has alleged in its Reconsideration Petition that, by misinterpreting our Smart Meter Implementation Order, we have begun to impose requirements on the EDCs that are inconsistent with the way the EDCs have been interpreting that order. Reconsideration Petition at 1-3. We disagree. Duquesne Light has not noted any EDC relying on the interpretation that Duquesne Light is espousing. While Duquesne Light points to PPL as an example, it is clear that PPL has not relied on Duquesne Light’s interpretation. Where there is an inconsistency between an EDC’s interpretation of a Commission order and the Commission’s own interpretation of that order, it does not necessarily follow that the Commission has misinterpreted its own order. In fact, Pennsylvania courts have held that an “administrative agency is peculiarly fitted to interpret its own orders.” W. J. Dillner Transfer Co. v. Pa. PUC, 107 A.2d 159, 162 (Pa. Super. Ct., 1954). Consequently, a court will not set aside an agency’s construction of its own order “unless the result is clearly erroneous, arbitrary, and unsupported by evidence.” Dillner at 162. We are not persuaded that the limited and temporary waiver granted in the Smart Meter Implementation Order applies to the waivers requested by Duquesne Light in its original Waiver Petition (or in the Reconsideration Petition) at this docket.
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