TOWN DEVELOPMENT, INC. ET AL. v. PA. P.U.C.

No. 338 C.D. 1979.

50 Pa.Commw. 104 (1980)

Town Development, Inc. and Paul Kossman Development Company, Petitioners v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

March 13, 1980.


Attorney(s) appearing for the Case

Thomas R. Solomich, of Rothman, Gordon, Foreman and Groudine, P.A., for petitioners.

Larry Gesoff, with him Michael H. Kline, Assistant Counsel, Shirley Rae Don, Deputy Chief Counsel and George M. Kashi, Chief Counsel, for Pennsylvania Public Utility Commission, respondent.

Jan P. Paden, of Rhoads, Sinon & Hendershot, and, of counsel, T.E. Morgan, W.R. Barnes and T.S. Brown, Jr., for Columbia Gas of Pennsylvania, Inc., respondents.

Argued February 6, 1980, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, BLATT, CRAIG and MacPHAIL. Judges ROGERS and WILLIAMS, JR. did not participate.


OPINION BY JUDGE MacPHAIL, March 13, 1980:

Town Development, Inc. and Paul Kossman Development, Inc. (Petitioners) appeal from the Public Utility Commission (PUC) order that affirmed the initial decision of the Honorable Martin R. Fountain, Administrative Law Judge, directing Petitioners to pay to Columbia Gas of Pennsylvania, Inc. the sum of $39,910 as penalty for unauthorized gas overruns.

Petitioners own a thirteen building complex, which had been combined...

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