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TREDYFFRIN TWP. v. PA. P.U.C.

No. 655 C.D. 1987.

115 Pa.Commw. 131 (1988)

539 A.2d 925

Tredyffrin Township, Chester County, Pennsylvania, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

March 31, 1988.

Attorney(s) appearing for the Case

James W. Gerlach, with him, William H. Lamb, for petitioner.

John J. Gallagher, Assistant Counsel, with him, John B. Wilson, Deputy Chief Counsel, Daniel P. Delaney, Chief Counsel, for respondent.

Stephen F. J. Martin, for Department of Transportation.

James F. Kilcur, with him, G. Roger Bowers, Eugene N. Cipriani, Raymond J. Porreca, Jr., for intervenor, Southeastern Pennsylvania Transportation Authority.

Harold K. Cohen, for National Railroad Passenger Corporation.

Argued February 26, 1988, before Judge COLINS, PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE COLINS, March 31, 1988:

Tredyffrin Township (Township) petitions for review of an order of the Pennsylvania Public Utility Commission (Commission) dated March 2, 1987, ratifying its Order of January 29, 1987, wherein it adopted certain findings of facts and determinations made by Administrative Law Judge (ALJ) FOUNTAIN.

On October 17, 1966, the Commission, on its own motion, instituted an investigation into the condition of

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