PEOPLES NAT. GAS CO. v. PA. P.U.C.

No. 289 C.D. 1987.

116 Pa.Commw. 512 (1988)

542 A.2d 606

The Peoples Natural Gas Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

June 3, 1988.


Attorney(s) appearing for the Case

Dennis J. Lewis, with him, Patricia Armstrong, Robert M. Lucas, Alder, Cohen & Grigsby, P.C. and William P. Boswell, for petitioner.

Frank B. Wilmarth, Assistant Counsel, with him, Mark C. Morrow, Assistant Counsel, Will C. Matthews, Deputy Chief Counsel, Daniel P. Delaney, Chief Counsel, for respondent.

Lawrence B. Nydes, for intervenor, Equitable Gas Company.

Norman James Kennard, Kenneth Zielonis, Tucker Arensberg, P.C., for intervenor, Apollo Gas Company.

Bernard A. Ryan, Jr., Dechert, Price & Rhoads, for intervenor, Eljer Plumbingware Division, Household Manufacturing, Inc.

Bruce Wiegand, with him, Walter A. Bunt, Jr., Nancy L. Krzton, Kirkpatrick & Lockhart, and Jay W. Dawson, for intervenor, T.W. Phillips Gas and Oil Company.

Argued March 23, 1988, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, COLINS, PALLADINO, McGINLEY, and SMITH.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., June 3, 1988:

Peoples Natural Gas Company (Peoples) appeals1 a Pennsylvania Public Utility Commission (PUC) order dated January 5, 1987, adopting the recommended decision of Administrative Law Judge (ALJ) MICHAEL A. NEMEC and authorizing Apollo to serve the Eljer manufacturing plant in Ford City, Armstrong County, Pennsylvania.

Pursuant to a 1938 Certificate of Public Convenience (CPC)...

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