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

    Publication Date: 2023-08-14
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 460 C.D. 2019

    Petitioner sought review of Public Utility Commission's denial of her claims after she refused installation of a smart meter at her home and court found that supreme court's holding in Povacz v. Pub. Util. Comm'n, 280 A. 3d 975, was dispositive of petitioner's issues. Affirmed.

  • City of Lancaster v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2022-10-24
    Practice Area: Public Utilities
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 251 M.D. 2019

    Court granted petitioner municipalities' petition for summary relief as to its claim that §59.18 of the Public Utility Commission's regulations relating to the indoor placement of natural gas meters in historic districts constituted an improper delegation of PUC's authority to private parties because 52 Pa. Code §59.18 did not prescribe the manner in which a gas company had to exercise PUC-granted discretion and an appeal to the PUC under 66 Pa. C.S. §701 and 52 Pa. Code §5.21 for an impartial review of a gas company's decision would

  • Richardson v. Peco Energy

    Publication Date: 2022-10-03
    Practice Area: Public Utilities
    Industry: Energy
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3485

    Court dismissed pro se plaintiff's Fair Debt Collection Practices Act, False Claims Act, and Equal Credit Opportunity Act action over electricity company's efforts to collect its bill because electricity company and Public Utility Commission were not "debtors" under the FDCPA, PUC had sovereign immunity, a pro se plaintiff could not bring a claim on behalf of the government and plaintiff's Equal Opportunity Act claims failed since she identified no act of discrimination. Dismissed.

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

    Publication Date: 2022-09-12
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1022

    Commonwealth court erred in holding that act 129 did not mandate installation of smart meters and court found customers failed to meet their burden of proving, by a preponderance of the evidence, a conclusive causal connection between RF emissions from smart meters and adverse human health effects. Reversed in part and affirmed in part.

  • Twin Lakes Util. v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2022-09-12
    Practice Area: Public Utilities
    Industry: Mining and Resources | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1028

    Plaintiff small water company and Aqua Pennsylvania water company challenged PUC order directing the sale of plaintiff to Aqua and ordering Middlesex Water Company to place $1.6 million into an escrow fund and court affirmed PUC's order because PUC had statutory authority to order the escrow and grant plaintiff's §529 petition. Affirmed.

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • 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.