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BETHLEHEM STEEL v. PUBLIC UTILITY COM'N

552 Pa. 134 (1998)

713 A.2d 1110

BETHLEHEM STEEL CORPORATION, a corporation, Energy Pipeline Company, a corporation, Energy Production Company, a corporation, Union Drilling, Inc.,a corporation, New Jersey Natural Resources Company, a Corporation, and Bessie 8, a Pennsylvania joint venture, Appellants, v. The PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellee. The Peoples Natural Gas Company, Intervenor.

Supreme Court of Pennsylvania.

Decided May 20, 1998.

Attorney(s) appearing for the Case

Joseph L. Robinson, John P. Edgar, John J. Porter, Pittsburgh, James H. Cawley, Harrisburg, Joan O. Brandeis, Philadelphia, for Bethlehem Steel Corp., et al.

David M. Kleppinger, Harrisburg, Paul H. Titus, Pittsburgh, for Indep. Oil Gas Ass'n of Pa.

Patricia Krise Burket, Bohdan R. Pankiw, John F. Povilaitis, Harrisburg, for Pa. PUC.

Dennis J. Lewis, William E. Gallagher, William P. Boswell, Pittsburgh, for The Peoples Natural Gas Co.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal from the order of the Commonwealth Court affirming the order of the PUC, which required appellants to file an application for a certificate of public convenience and necessity. The sole issue in the case is whether a joint venture which produces, transports by pipeline, and sells natural gas to a single end user is required by the Public Utility...

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