IN MATTER OF THE PETITION OF SOUTH JERSEY GAS COMPANY AGAINST SUNOLIN CHEMICAL COMPANY AND THE B.F. GOODRICH COMPANY.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued June 2, 1988.
Decided July 6, 1988.
Attorney(s) appearing for the Case
Michael T. Mishkin of the Washington, D.C. bar argued the cause for appellants SunOlin Chemical Company and The B.F. Goodrich Company (McCarter and English, attorneys, Richard C. Cooper and Steven N.J. Wlodychak of that firm on the brief, Squire, Sanders and Dempsey, of the Washington, D.C. bar, counsel pro hac vice, Keith R. McCrea and Michael T. Mishkin of that firm, also on the brief).
Judith B. Appel, Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utility Commissioners (W. Cary Edwards, Attorney General, attorney, Andrea M. Silkowitz, Assistant Attorney General, of counsel, Judith B. Appel, on the brief).
Ira G. Megdal argued the cause for respondent South Jersey Gas Company (Davis, Reberkenny and Abramowitz, attorneys, Ira G. Megdal, David R. Oberlander and Arthur E. Donnelly, III, on the brief).
James R. Lacey argued the cause for intervenor Public Service Electric and Gas Company (James R. Lacey and Shawn P. Leyden, attorneys).
Kenneth P. Westreich argued the cause for intervenor New Jersey Natural Gas Company (Conway, Reiseman, Mattia and Sharp, attorneys).
Intervenors Public Service Electric and Gas Company, New Jersey Natural Gas Company and Elizabethtown Gas Company filed a joint brief, James R. Lacey and Shawn P. Leyden, Kenneth P. Westreich and Nicholas W. Mattia, Jr., Mary Patricia Keefe and Paul J. Chymiy, on the brief.
Before Judges FURMAN, BRODY and SCALERA.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by SCALERA, J.A.D.
This case involves a consideration of the right of the New Jersey Board of Public Utility Commissioners (Board) to assume jurisdiction to regulate as a public utility the activities of a supplier of methane-rich fuel in this State.
SunOlin Chemical Company (SunOlin) and B.F. Goodrich (Goodrich) are appealing the decision of the Board holding that SunOlin is a public utility because it is providing such...
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