Filter This View

  • In re: Chester Water Auth. Trust

    Publication Date: 2021-10-04
    Practice Area: Public Utilities
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1151

    The trial court erred in holding that any transfer of the City of Chester's Water Authority assets must be conducted solely by the governing body, i.e., the City, Delaware County and Chester County, since a 2012 amendment to the Municipality Authorities Act establishing these parties as the Authority's governing body did not alter the municipality's power to unilaterally obtain an authority and/or its assets. The appellate court reversed and remanded.

  • McCloskey v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2021-08-02
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0886

    The commonwealth court did not err in holding that a recent Public Utility Code enactment requiring the inclusion of income tax deductions and credits in rate computations required public utilities to revise their distribution system improvement charge calculations to include income tax deductions and credits to reduce rates charged to consumers. The high court affirmed.

  • Talbert v. Am. Water Works Co. Inc.

    Publication Date: 2021-05-24
    Practice Area: Public Utilities
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0584

    Defendants moved to dismiss plaintiffs' actions against multiple water companies over issues of water quality and "water hammer" problems and court dismissed claims against Tennessee American Water Company and claims in states where no named plaintiff was located, dismissed some claims against American Water Works Company and New Jersey American Water Company for lack of jurisdiction, referred some claims to the Pennsylvania Department of Environmental Protection and some to the Pennsylvania Public Utility Commission and stayed pendin

  • Philadelphia Gas Works v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2021-05-17
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0541

    The commonwealth court erred in concluding that the docketing of a municipal lien in Philadelphia County, i.e., the only first-class city in the commonwealth, acted not as a judgment but only to perfect the municipal lien, thereby allowing interest at a greater rate than the statutory post-judgment rate of six percent per annum. The high court reversed.

  • Respond Power, LLC v. Pub. Util. Comm'n

    Publication Date: 2021-02-22
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0194

    Commission did not err and did not abuse its discretion in dismissing petitioner's collateral attack on commission's order approving electrical distribution companies' default service program petition that included a clawback charge provision. Affirmed.

  • Law Journal Press | Digital Book

    Pennsylvania Commonwealth Court Rules 2024

    Authors:

    View this Book

    View more book results for the query "*"

  • Pennsylvania Indep. Oil & Gas Ass'n v. Pennsylvania One Call Sys., Inc.

    Publication Date: 2021-01-18
    Practice Area: Public Utilities
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0043

    Respondent filed preliminary objections to petitioner's action challenging the propriety of respondent's rate structure under the Underground Utility Line Protection Law and court found the facts overwhelmingly supported respondent's assertion it was a private entity, not a commonwealth agency, and court lacked original jurisdiction over petitioner's action. Preliminary objections sustained.

  • Blue Pilot Energy, LLC v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2020-11-09
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1206

    The Public Utility Commission had authority to adjudicate allegations that petitioner, an electricity supplier, violated commission regulations governing pricing and disclosure statements but lacked express authority or necessary implied authority to establish, as a remedy, a refund pool for petitioner's customers. The appellate court affirmed in part and reversed in part.

  • Povacz v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2020-10-19
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1142

    PUC properly rejected petitioners' constitutional challenge to PUC's interpretation of act 129 but court reversed PUC's conclusion it lacked authority to accommodate petitioners' desire to avoid RF emission from wireless smart electricity meters, affirmed PUC's determination of the burden of proving harm and remanded for a determination of whether accommodations were appropriate for consumers and what the accommodations should be. Affirmed in part and reversed in part.

  • Crown Castle NG E. LLC v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2020-08-03
    Practice Area: Public Utilities
    Industry: Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0817

    Public Utility Commission's statutory interpretation not entitled to court deference where Public Utility Code unambiguously defined distributed antenna system networks as public utilities as they did not provide cellular mobile services. Order of the commonwealth court affirmed.

  • Commonwealth v. Nellom

    Publication Date: 2020-06-22
    Practice Area: Criminal Law | Public Utilities
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0635

    The evidence supported a sustainable inference that defendant, who did not own the residence at issue, had access to the foreign electric meter installed in the property and benefitted from the utility services acquired through the device, thereby committing theft of services in violation of 18 Pa.C.S. §3926of the Crimes Code. The superior court affirmed in part and reversed in part.