• Bucks County Water & Sewer Auth. v. Ridge

    Publication Date: 2022-08-15
    Practice Area: Public Utilities
    Industry: State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Mellon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0841

    The Bucks County Water and Sewer Authority was entitled to relief on its motion for judgment for want of sufficient affidavit of defense as it had the power to provide services within Bensalem Township and the right, under §7107 of the Municipal Claims Act, to file liens for non-payment of services. The court recommended affirmance.

  • Transource Pennsylvania, LLC v. Pub. Util. Comm'n

    Publication Date: 2022-06-06
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0634

    Commission properly denied petitioner's siting application for high-voltage transmission lines and rescinded its provisional certificate of public convenience for an electrical transmission project and court found commission decision was in accordance with Pennsylvania law and §§1501 and 2805(a) of the code, commission could evaluate the need for the project independently of the need for the Independence Energy Connection project that had been performed by a LLC and commission's decision was supported by substantial, credible evidence

  • Waterford Twp. v. Pub. Util. Comm'n

    Publication Date: 2022-05-09
    Practice Area: Public Utilities
    Industry: State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0506

    Commission erred in rejecting certain fees authorized by township on the ground they were preempted by the Public Utility Code in action by telecommunications public utility challenging township's permitting fees for access to public rights-of-way and court found the fees had neither a regulatory purpose nor effect, were not preempted by the code and pursuant to the Business Corporation Law and the Second Class Township Code, township could impose reasonable permitting fees. Reversed.

  • Watford v. Philadelphia Gas Works

    Publication Date: 2021-11-01
    Practice Area: Civil Rights | Public Utilities
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1263

    Defendant employer moved for summary judgment in plaintiff's race and age discrimination and retaliation under title VII, the Pennsylvania Human Relations Act and the Age Discrimination in Employment Act and failure to accommodate under the Americans with Disabilities Act action and court found plaintiff could not show defendant's reasons were pretextual and failed to show harassment linked to discriminatory animus. Motion granted.

  • 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.

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  • 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.

  • 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.