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PECO ENERGY v. PA PUBLIC UTILITY COM'N

791 A.2d 1155 (2002)

PECO ENERGY COMPANY, Appellee, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant (at No. 22), Commonwealth of Pennsylvania, Department of Transportation, Intervenor Consolidated Rail Corporation, Intervenor, Bell Atlantic—PA, Inc., Intervenor. Appeal of Commonwealth of Pennsylvania, Department of Transportation, Intervenor at No. 23.

Supreme Court of Pennsylvania.

Decided March 20, 2002.

Attorney(s) appearing for the Case

David E. Screven, John Herzog, Mechanicsburg, Robert J. Longwell, Bohdan R. Pankiw, Harrisburg, for PA PUC.

Todd P. Prugar, Pittsburgh, Thomas P. Brogan, David J. Dulick, Delia W. Stroud, Philadelphia, for PECO Energy Co.

Gina M. D'Alfonso, Jason D. Sharp, Andrew S. Gordon, William Jones Cressler, James M. Sheehan, Harrisburg, for Intervenor.

Benjamin Charles Dunlap, Harrisburg, for Consolidated Rail Corp.

Janet L. Miller, Harrisburg, for Verizon PA & Bell Atlantic PA.

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

OPINION

NEWMAN, Justice.

Beneath the streets of Philadelphia lie miles and miles of gas pipelines, water and sewage conduits, electrical wiring, and telephone and television cables. When the city undertakes a street reconstruction project, these subsurface facilities, which are vital components of a system that delivers crucial utility services, often stand in the path of the city's proposed work,...

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