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FELLOWSHIP BANK v. PUBLIC SERVICE ELEC. & GAS CO.

158 N.J. Super. 107 (1978)

385 A.2d 887

FELLOWSHIP BANK, A NEW JERSEY BANKING CORPORATION, PETITIONER-RESPONDENT, v. PUBLIC SERVICE ELECTRIC AND GAS COMPANY, A PUBLIC UTILITY, RESPONDENT-APPELLANT, AND STATE OF NEW JERSEY, BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 1978.

Attorney(s) appearing for the Case

Mr. Richard Fryling, Jr. argued the cause for appellant (Messrs. Edward S. Kirby, James R. Lacey, Richard Fryling, Jr., Harold W. Borden, Jr., attorneys).

Ms. Jeanne M. Schubert argued the cause for respondent Fellowship Bank.

Mr. Mark A. Geannette, Deputy Attorney General, argued the cause for respondent Board of Public Utility Commissioners (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges FRITZ, BOTTER and ARD.

PER CURIAM.

This is an appeal by Public Service Electric and Gas Company (PSE&G) from an order of the Board of Public Utility Commissioners (PUC) requiring PSE&G to absorb the cost of relocation of certain of its utility poles. Appellant utility company argues, first, that the PUC had no jurisdiction over the subject matter, and second, that the obligation to pay for relocation of utility facilities occasioned

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