PUB. ADVOCATE v. PHILADELPHIA GAS COM'N


544 Pa. 129 (1996)

674 A.2d 1056

The PUBLIC ADVOCATE, Appellee, v. PHILADELPHIA GAS COMMISSION and Philadelphia Gas Works and Philadelphia Facilities Management Corporation, Appellants.

Supreme Court of Pennsylvania.

Decided April 22, 1996.


Attorney(s) appearing for the Case

Bruce W. Kauffman, Steven L. Friedman, Public Gas Works, Thomas E. Groshens, Steven B. Goodman, Richard Fader, City of Philadelphia, Joseph A. Dworetzky, City Solicitor, Philadelphia, for Appellants.

Stephen P. Hershey, Kimberly K. Hudson, The Public Advocate, Carl E. Singley, Valoria L. Cheek, Gas Commission, Philadelphia, for Appellee.

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


OPINION

CASTILLE, Justice.

The issue before this Court is whether the fixed annual $18,000,000 payment by the Philadelphia Gas Works ("PGW") to the City of Philadelphia ("City"), as required by a 1972 City ordinance, is constitutional and can be included in the calculation of PGW's rate increase for fiscal year 1991-92. For the reasons expressed below, we believe this payment is constitutional, and therefore, we reverse the order of the Commonwealth...

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