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The Legal Intelligencer

PPL Elec. Utils. Corp. v. City of Lancaster, PICS Case No. 15-1610 (Pa. Commw. Oct. 15, 2015) McCullough (37 pages).

By | November 03, 2015
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.
4 minute read

The Legal Intelligencer

GSP Mgmt. Co. v. Duncansville Mun. Auth., PICS Case No. 15-1601 (Pa. Commw. Oct. 19, 2015) Brobson, J. (15 pages).

By | November 03, 2015
In this case of first impression, the Commonwealth Court held that a customer may challenge its sewer bills by establishing that a substantial part of the metered water entering the property did not reach the sewage system. Reversed in part.
3 minute read

The Legal Intelligencer

Judge Rules Sunoco Has Eminent Domain Power in Pipeline Project

Sunoco Pipeline will be allowed to use eminent domain to take property in Cumberland County for its Mariner East 2 pipeline project, a state court has ruled.
5 minute read

The Legal Intelligencer

Hidden Creek, L.P. v. Lower Salford Twp. Auth., PICS Case No. 15-1446 (Pa. Commw. Sept. 14, 2015) Covey, J. (21 pages).

By | September 29, 2015
The trial court properly denied a motion for summary judgment based on the applicable statute of limitations where a township authority's failure to comply with the Municipality Authorities Act may have deprived a developer of information necessary to evaluate the accuracy of tapping fees imposed. Affirmed.
3 minute read

The Legal Intelligencer

Whiting v. Penn Power Co., PICS Case No. 15-1438 (C.P. Lawrence April 29, 2015) Motto, P.J. (14 pages).

By | September 29, 2015
Since it was reasonable to interpret "property" in the agreement granting defendant an easement for the construction/maintenance of a transmission line over plaintiffs' property to include cattle, plaintiffs sufficiently alleged a breach-of-contract claim arising from their electrocution. Defendant's preliminary objections overruled.
4 minute read

The Legal Intelligencer

Gillis v. Respond Power, PICS Case No. 15-1404 (E.D. Pa. Aug. 31, 2015) Shapiro, J. (7 pages).

By | September 15, 2015
If named party plaintiffs possess different views of their rights, a court can find that plaintiffs did not prove that questions of law or fact existed that were common to the class. Motion to certify putative class action denied.
3 minute read

The Legal Intelligencer

Valley Forge Sewer Auth. v. Hipwell, PICS Case No. 15-1255 (Pa. Commw. July 31, 2015) Covey, J. (14 pages).

By | August 18, 2015
Trial court properly entered judgment in favor of sewer authority for its municipal claim against homeowner for failure to pay retroactive sewer bill after authority discovered that it had been under-billing homeowner because homeowner had no contractual defenses against the lien and homeowner's "reasonable contest' argument was unavailing in a Municipal Claims and Tax Liens Act action. Affirmed.
3 minute read

Daily Business Review

FPL Drilling Investments Face Supreme Court Fight

The state Office of Public Counsel and the Florida Industrial Power Users Group have filed notices of appeal challenging a decision favoring FPL on gas drilling costs.
2 minute read

The Legal Intelligencer

Coalition for Affordable Util. Serv. v. Pa. Pub. Util. Comm'n, PICS Case No. 15-1124 (Pa. Commw. July 14, 2015) Brobson, J. (44 pages).

The Pennsylvania Public Utility Commission had authority to impose, or approve, certain customer assistance program rules that would limit a participating customer's ability to choose an electric generation supplier and remain eligible for benefits under the program. Affirmed in part; reversed in part.
3 minute read

Corporate Counsel

Securing Industrial Controls Against Cyberattacks

Industries at high risk include electric, water and wastewater, oil and natural gas, transportation, chemical, pharmaceutical, and pulp and paper.
1 minute read

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