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MERCURY TRUCKING, INC. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION

No. 103 MAP 2009.

55 A.3d 1056 (2012)

MERCURY TRUCKING, INC., Appellee, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant.

Supreme Court of Pennsylvania.

Decided November 21, 2012.

Attorney(s) appearing for the Case

Elizabeth A. Lion Januzzi , Bohdan R. Pankiw , Eric Albert Rohrbaugh , Harrisburg, PA Public Utility Commission, for Pennsylvania Public Utility Commission.

William A. Gray , William Howard Stewart , Vuono & Gray, L.L.C., Pittsburgh, for Mercury Trucking, Inc.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Chief Justice CASTILLE.

The Pennsylvania Public Utility Commission (the "Commission"), a statutory regulatory authority, appeals the decision of the Commonwealth Court to vacate an operations fee assessed against a public utility, appellee Mercury Trucking, Inc. ("Mercury"), for the operating period of July 1, 2005, through June 30, 2006 (the "2005 annual assessment"). At this Court's request, the parties also address issues related to the...

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