IN THE MATTER OF THE PETITION OF SOUTH JERSEY GAS COMPANY AGAINST SUNOLIN CHEMICAL COMPANY AND THE B.F. GOODRICH COMPANY.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 13, 1989.
Decided August 3, 1989.
Attorney(s) appearing for the Case
Michael T. Mishkin, a member of the District of Columbia bar, argued the cause for appellants (McCarter & English, attorneys; Richard C. Cooper and Steven N.J. Wlodychak, on the brief).
Ira G. Megdal argued the cause for respondent South Jersey Gas Company (Davis, Reberkenny & Abramowitz, attorneys; Ira G. Megdal and David R. Oberlander, on the brief).
James R. Lacey argued the cause for respondent Public Service Electric and Gas Company (James R. Lacey and Shawn P. Leyden, attorneys; James R. Lacey and Shawn P. Leyden, on the brief).
Kenneth P. Westreich argued the cause for respondent New Jersey Natural Gas Company (Reisman, Mattia and Sharp, attorneys; Kenneth P. Weistreich and Nicholas W. Mattia, Jr., on the joint letter brief).
Judith B. Appel, Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utilities (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).
Mary Patricia Keefe on behalf of respondent Elizabethtown Gas Company submitted a joint letter brief with co-respondents Public Service Electric and Gas Company and New Jersey Natural Gas Company (Mary Patricia Keefe and Paul J. Chymiy, attorneys).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by STEIN, J.
In this case we consider whether SunOlin Chemical Company (SunOlin), a corporation that seeks to harvest the by-product of a refinery process and to use its New Jersey pipeline system to sell methane-rich gas to a select group of large industrial users, is a "public utility" subject to the jurisdiction of the Board of Public Utility Commissioners (BPU or Board). The Appellate Division affirmed the Board's determination...
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