MERCURY TRUCKING v. PA PUBLIC UTILITY COM'N


923 A.2d 1244 (2007)

MERCURY TRUCKING, INC., Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 14, 2007.

Reargument Denied June 25, 2007.


Attorney(s) appearing for the Case

William A. Gray, Pittsburgh, for petitioner.

Elizabeth Lion Januzzi, Asst. Counsel, Harrisburg, for respondent.

BEFORE: PELLEGRINI, Judge, COHN JUBELIRER, Judge and LEAVITT, Judge.


OPINION BY Judge PELLEGRINI.

Mercury Trucking, Inc. (Mercury) appeals from an order of the Pennsylvania Public Utility Commission (Commission) reversing the decision of the Administrative Law Judge (ALJ) sustaining Mercury's objection to its revenue assessment for the 2004 operating period and granting its petition for a refund.

Mercury is a Pennsylvania trucking company and considered a public utility under Section 102 of the Public Utility

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