D. E. R. v. PUBLIC UTILITY COMM., ET AL.

Nos. 1252, 1259 and 1273 C.D. 1974.

18 Pa.Commw. 558 (1975)

Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant, v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Appellee, Harold D. and Catherine M. McCoy, Intervening Party-Appellants, The Potomac Edison Company, Intervening Appellee. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Appellee, v. Harold D. and Catherine M. McCoy, Appellants, The Potomac Edison Company, Intervening Appellee. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Appellee, v. Harold D. and Catherine M. McCoy, Appellants, The Potomac Edison Company, Intervening Appellee.

Commonwealth Court of Pennsylvania.

April 10, 1975.


Attorney(s) appearing for the Case

Dennis J. Harnish, Special Assistant Attorney General, for appellant, Department of Environmental Resources.

S. Berne Smith, wth him McNees, Wallace & Nurick, for appellants, McCoy.

Michael P. Kerrigan, Assistant Counsel, with him Peter Brown, Counsel, for appellee, Pennsylvania Public Utility Commission.

J.L. Doyle, with him Maxwell & Bridgers, for intervening appellee.

Argued February 3, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE MENCER, April 10, 1975:

We have for our consideration three related appeals from two final orders of the Pennsylvania Public Utility Commission (Commission) approving applications and granting certificates of public convenience and necessity to The Potomac Edison Company (Potomac) for the right to proceed in eminent domain for an electric transmission line right-of-way across the Franklin County...

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