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BORO. OF MOOSIC v. PA. P.U.C.

Nos. 1550 C.D. 1980 and 1766 C.D. 1980.

59 Pa.Commw. 338 (1981)

Borough of Moosic, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Pennsylvania Gas & Water Company et al., Intervenors. Mary Allen, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Pennsylvania Gas & Water Company et al., Intervenors.

Commonwealth Court of Pennsylvania.

May 29, 1981.

Attorney(s) appearing for the Case

Joseph L. Vender, for petitioner, Borough of Moosic.

Joseph A. Lakowski, for petitioner, Mary Allen.

George H. Buchanan, Assistant Counsel, with him Shirley Rae Don, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondent, Pennsylvania Public Utility Commission.

Charles E. Thomas, with him Jack F. Aschinger, and Patricia Armstrong, of Thomas & Thomas, for intervenor, Pennsylvania Gas and Water Company.

Ernest D. Preate, Sr., with him Robert A. Preate and J.P. McGowan, of Levy, Preate & Purcell, for intervenor, Scranton Lackawanna Industrial Building Company.

James J. Ligi, for intervenor, County of Lackawanna.

Argued April 7, 1981, before President Judge CRUMLISH and Judges MENCER, ROGERS, CRAIG and PALLADINO. Judges BLATT and WILLIAMS, JR. did not participate.

OPINION BY JUDGE CRAIG, May 29, 1981:

In these consolidated cases, the protestants have appealed an order of the Public Utility Commission (commission) which affirmed a decision of an administrative law judge (ALJ) approving an application of Pennsylvania Gas & Water Company (PG&W) to transfer 456.56 acres of its property, located in the watershed area of PG&W's Stark and No. 5 Reservoirs, to the Scranton Lackawanna Industrial Building Company (SLIBCO...

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