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PHILADELPHIA GAS WORKS v. PUBLIC UTILITY

No. 14 EAP 2020.

249 A.3d 963 (2021)

PHILADELPHIA GAS WORKS v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. Appeal of: SBG Management Services, Colonial Garden Realty Co., L.P. and Simon Garden Realty Co., L.P.

Supreme Court of Pennsylvania.

Decided: April 29, 2021.

Attorney(s) appearing for the Case

Shawn Michael Rodgers, Esq. , Donna Smith Ross, Esq. , Patricia Moran Starner, Esq. , Michael Yanoff, Esq. , Goldstein Law Partners, LLC, for Appellant.

Kriss E. Brown, Esq. , Hayley Eileen Dunn, Esq. , Renardo Lee Hicks, Esq. , James Anthony Mullins, Esq. , for Appellee Pennsylvania Public Utility Commission.

Daniel Clearfield, Esq. , Casey Alan Coyle, Esq. , Eckert Seamans Cherin & Mellott, LLC, for Appellee Philadelphia Gas Works.

Karen Marie Oill Moury, Esq. , Carl Robert Shultz, Esq. , Eckert Seamans Cherin & Mellott, LLC, Laureto Aldama Farinas, Esq., for Appellee Philadelphia Gas Works.

BAER, C.J., SAYLOR, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

At issue in this appeal is whether a public utility operating in Philadelphia may continue to impose its regulatory tariff rate on municipal liens that arise from delinquent customer accounts when the utility elects to record the liens for its service. We conclude that pursuant to Section...

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