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Redstone Water Company v. Pennsylvania Public Utility Commission

Order directing plaintiff to perform an engineering feasibility study to determine the most cost effective method of improving the quality of its drinking water vacated because the PUC exceeded its jurisdiction; order directing plaintiff to conduct study to determine how to improve water pressure vacated because decision was not supported by substantial evidence.

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Argued: September 12, 2001

OPINION

Redstone Water Company (Redstone) petitions for review of an order of the Pennsylvania Public Utility Commission (PUC) which affirmed as modified the order of an administrative law judge (ALJ) directing Redstone to perform an engineering feasibility study to determine the most cost effective method of improving the quality of its drinking water and improving the water pressure. Redstone squarely raises the issue on appeal of whether the PUC or the Department of Environmental Protection (DEP) has the authority to regulate the quality of water which the citizens of Pennsylvania drink. We vacate in part and reverse in part.

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