CITY COUNCIL OF PHILADELPHIA v. COM.


806 A.2d 975 (2002)

CITY COUNCIL OF PHILADELPHIA, for itself and On behalf of the City of Philadelphia and Bondholders of Philadelphia Gas Works Revenue Bonds issued by the City of Philadelphia and David Cohen, Marian Tasco and Angel Ortiz, individual members of the Philadelphia City Council and resident voters of Philadelphia and Customers of the Philadelphia Gas Works and Marian Tasco, as Chairperson of the Philadelphia Gas Commission, Petitioners, v. COMMONWEALTH of Pennsylvania and Pennsylvania Public Utility Commission, Respondents.

Commonwealth Court of Pennsylvania.

Decided September 12, 2002.


Attorney(s) appearing for the Case

Charles W. Bowser, Philadelphia, for petitioners.

Stanley E. Brown, Harrisburg, for respondents.

Philip A. Bertocci, Philadelphia, for intervenors, Action Alliance of Senior Citizens.

Daniel J. Doyle, Harrisburg, for intervenor, Commonwealth of PA.

Before: DOYLE, Senior Judge, COLINS, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, KELLEY, Senior Judge, and FLAHERTY, Senior Judge.


OPINION BY Senior Judge DOYLE.

We are asked to determine the preliminary objections filed by the Commonwealth of Pennsylvania and the Pennsylvania Public Utility Commission (Commonwealth) in response to a petition for review filed by the City Council of Philadelphia, et al. (City) in our original jurisdiction, which seeks to have the Natural Gas Choice and Competition Act, 66 Pa.C.S. §§ 2201-2212 (Act 21...

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