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POPOWSKY v. PA PUBLIC UTILITY COM'N

910 A.2d 38 (2006)

Irwin A. POPOWSKY, Consumer Advocate, Appellant, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellee, Pennsylvania-American Water Company, Intervenor.

Supreme Court of Pennsylvania.

Decided November 21, 2006.

Attorney(s) appearing for the Case

Joel Howard Cheskis, Esq., Dianne Elaine Dusman, Esq., Camp Hill, for Irwin A. Popowsky.

Charles M. Means, Esq., Mandi Lea Scott, Esq., Pittsburgh, for Collier Township.

Bohdan R. Pankiw, Esq., Wayne Thomas Scott, Esq., Robert James Longwell, Esq., Jaime Marie McClintock, Esq., Harrisburg, for Pennsylvania Public Utility Commission.

Anthony C. DeCusatis, Esq., Thomas Parker Gadsden, Esq., Susan Simms Marsh, Esq., Philadelphia, for Pennsylvania-American Water Company.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice CASTILLE.

The issue on appeal is whether a demonstration of public need for water alone is sufficient to require a water company to extend its water lines and service without receiving customer contribution, in an instance where the cost of the extension project would exceed the company's expected revenue from the extension. Because we find that the Public Utility Commission's ("PUC's") line extension regulations, which authorize a...

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