Regulation • City Ordinance • Preemption • Public Utility Commission
PPL Elec. Utils. Corp. v. City of Lancaster, PICS Case No. 15-1610 (Pa. Commw. Oct. 15, 2015) McCullough (37 pages).
Court granted utility’s application for summary relief as to §§ 263B-3, 263B-4(6) and 263D-1 of a city ordinance enacted to manage the city’s right of way and public utility use of the right of way because those sections were preempted by code and invalid and city was enjoined from enforcing them but §263B-5, imposing an annual maintenance fee, was not a public utility regulation and was not preempted. Summary relief granted.
