ENERGY PIPELINE CO. v. PA. UTILITY COM'N


541 Pa. 252 (1995)

662 A.2d 641

ENERGY PIPELINE COMPANY, a corporation, Energy Production Company, a corporation, Managing Venturers, on behalf of Bessie 8, a Pennsylvania joint venture, and Bethlehem Steel Corporation, a corporation, v. The PENNSYLVANIA PUBLIC UTILITY COMMISSION and Peoples Natural Gas Company Appeal of The PENNSYLVANIA PUBLIC UTILITY COMMISSION. ENERGY PIPELINE COMPANY, a corporation, Energy Production Company, a corporation, Managing Venturers, on behalf of Bessie 8, a Pennsylvania joint venture, and Bethlehem Steel Corporation, a corporation, v. The PENNSYLVANIA PUBLIC UTILITY COMMISSION and Peoples Natural Gas Company Appeal of PEOPLES NATURAL GAS COMPANY.

Supreme Court of Pennsylvania.

Decided July 19, 1995.


Attorney(s) appearing for the Case

Patricia Krise Burket, Asst. Counsel, Frank B. Wilmarth, Deputy Chief Counsel, John F. Povilaitis, Deputy Chief Counsel, for PUC.

William P. Boswell, Dennis J. Lewis, Pittsburgh, for PNG.

Joan O. Brandeis, Philadelphia, Joseph L. Robinson, John P. Edgar, Pittsburgh, for Bethlehem Steel.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.


OPINION OF THE COURT

CAPPY, Justice.

In this appeal we are faced with the question of whether a tie vote of the Pennsylvania Public Utilities Commission (PUC) can constitute a final "action" by the PUC. Because we find that a tie vote cannot constitute action, we reverse the Commonwealth Court.

This dispute has its roots in a Pipeline Construction, Natural Gas Sales and Transportation Agreement...

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