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Publication Date: 2024-10-18
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 113 C.D. 2024
Public Utility Commission properly had jurisdiction over municipality's complaint challenging extra-territorial sewage authority's operation within the municipality without a certificate of public convenience, which could only be issued by the commission. Order of the Public Utility Commission vacated, case remanded.
Publication Date: 2024-09-13
Practice Area: Public Utilities
Industry: Hospitality and Lodging | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fletman
Attorneys: For plaintiff:
for defendant:
Case Number: 01740
Defendant municipal gas utility appealed the court's order scheduling an injunction petition for hearing while maintaining the status quo of uninterrupted gas service to building residents. The court concluded that its order should be affirmed, holding that it had subject matter jurisdiction, and was not required to defer to the Public Utilities Commission, where plaintiff property owners sought to preserve the status quo, including provision of uninterrupted gas service to low-income tenants, while the parties' other litigation ran i
Publication Date: 2024-08-30
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1347 C.D. 2022
Trial court erred in ruling on validity of regional water authority's sale agreement and the municipality's assumption of obligations on remand where the remand order merely directed the trial court to enter mandamus relief for the municipality. Order of the trial court affirmed in part and vacated in part.
Publication Date: 2024-08-16
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 827 C.D. 2020
Pennsylvania Public Utility commission correctly denied customer's request for accommodation from smart meter requirement due to insufficient evidence of adverse health effects from exposure to meters' RF emissions. Order of the PUC affirmed.
Publication Date: 2024-05-10
Practice Area: Public Utilities
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 107 MAP 2022
Public Utility Commission regulations concerning the placement of gas meters in historic districts did not constitute unconstitutional delegation of legislative/regulatory authority to public utilities where the legislature had never passed a law mandating the placement of meters, which had traditionally been left to the discretion of the utilities. Order of the commonwealth court reversed, case remanded.
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Publication Date: 2024-04-05
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1253 C.D. 2019
Inconclusive scientific evidence of a causal connection between exposure to RF or EM emissions and adverse health effects was insufficient for a utility customer to prove by a preponderance of the evidence that having a required smart meter in their home constituted unsafe or unreasonable utility service. Order of the Public Utility Commission affirmed.
Publication Date: 2024-01-15
Practice Area: Public Utilities
Industry: Energy | Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Roth
Attorneys: For plaintiff: Elbert Lin, Charles D. Wallace, III, Hunton Andrews Kurth, Richmond, VA; John L. Shepherd, Jr., Hunton Andrews Kurth, Washington, DC; Paul W. Hughes, McDermott Will & Emery, Washington, DC; Kriss E. Brown, Christian A. McDewell, Pennsylvania Public Utility Commission, Harrisburg, PA; Thomas G. Lindgren, Werner L. Margard, III, Office of Attorney General of Ohio, Columbus, OH; Jeffrey W. Mayes, Monitoring Analytics, Eagleville, PA; Denise C. Goulet, McCarter & English, Washington, DC for petitioners.
for defendant: Jared B. Fish, Federal Energy Regulatory Commission, Washington, DC; Danielle C. Fidler, Earthjustice Legal Defense Fund, Washington, DC; Peter Hopkins, Amber L. Martin Stone, Jeffrey A. Schwartz, Scott H. Strauss, Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Matthew Price, Jenner & Block, Washington, DC; Miles H. Mitchell, Maryland Public Service Commission, Baltimore, MD; David C. Apy, Office of Attorney General of New Jersey Division of Law, Trenton, NJ; Robert A. Weishaar, Jr., McNees Wallace & Nurick, Washington, DC; Ryan J. Collins, Paul M. Flynn, Wright & Talisman, Washington, DC; Caroline Reiser, Natural Resources Defense Council, Washington, DC; Casey Roberts, Sierra Club, Denver, CO; Megan C. Wachspress, Sierra Club Environmental Law Program, Oakland, CA; Sarah A. Hunger, Office of Attorney General of Illinois, Chicago, IL Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Adrienne E. Clair, Thompson Coburn, Washington, DC; Daniel E. Frank, Allison Speaker, Eversheds Sutherland, Washington, DC; Andrew D. Cordo, Shannon E. German, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Gerit Hull, American Municipal Power, Columbus, OH; John E. McCaffrey, III, American Public Power Association, Arlington, VA; Anthony J. Corino, PSEG Corporation, Newark, NJ for respondents.
Case Number: 21-3068
FERC commissioners' statements following deadlock over proposed tariff were sufficient to demonstrate that the agency's "action through inaction" found the tariff just and reasonable.
Publication Date: 2023-11-20
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1337 C.D. 2019
PUC properly denied petitioner's petition seeking to prohibit the installation of a smart electric meter at his home because the supreme court's holding in Povacz v. PUC, 280 A.3d 975, resolved the issues in this case. Affirmed.
Publication Date: 2023-10-23
Practice Area: Public Utilities
Industry: Construction | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 331, 497, and 563 C.D. 2022
Trial court properly entered judgment in favor of appellants and against appellees jointly and severally and enjoined them from charging their current water tapping fee but erred in calculating the amount of the refund after including portions of the authority constructed facilities (1984-1998) in the total cost basis of the water distribution system. Affirmed in part and reversed in part.
Publication Date: 2023-10-09
Practice Area: Public Utilities
Industry: State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 521 C.D. 2021
Pennsylvania Public Utility Commission properly found plaintiff had been charged unlawfully high utility pole attachment rates and ordered a refund because PUC applied the incremental cost formula for pole attachment rates as set forth in the regulations, FCC precedent was not binding and the formula used produced an exact amount to be paid. Affirmed.
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