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CITY OF PHILADELPHIA v. PA. P.U.C.

829 A.2d 1241 (2003)

CITY OF PHILADELPHIA, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Philadelphia Gas Works on its own behalf and by the Philadelphia Facilities Management Corporation, Petitioners, v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 13, 2003.

Attorney(s) appearing for the Case

Daniel Clearfield, Harrisburg, for petitioner.

Shane Rooney, Harrisburg, for respondent.

Philip A. Bertocci, Philadelphia, for intervenors, CEPA, ACORN, TAG and Action Alliance of Sr. Citizens.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

SIMPSON, Judge.

In these consolidated appeals from orders of the Pennsylvania Public Utility Commission (PUC), we are asked whether under the Natural Gas Choice and Competition Act1 (Gas Choice Act) the PUC can increase Philadelphia Gas Works' (PGW) municipal service rates without approval from Philadelphia City Council. We affirm, holding that City Council approval is not necessary.

The City of Philadelphia (City) is a home rule...

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