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WARMINSTER TOWNSHIP MUNICIPAL AUTHORITY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (01/21/58)

January 21, 1958

WARMINSTER TOWNSHIP MUNICIPAL AUTHORITY, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 315, Oct. T., 1957, from orders of Pennsylvania Public Utility Commission, June 10, 1957, Docket 83658, Folders 1 and 2, in case of Warminster Township Municipal Authority v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

Peter Platten, with him Richardson Blair and Ballard, Spahr, Andrews & Ingersoll, for authority, appellant.

Louis J. Carter, Assistant Counsel, with him Jack F. Aschinger, Assistant Counsel, and Thomas M. Kerrigan, Acting Counsel, for Pennsylvania Public Utility Commission, appellee.

Paul H. Rhoads, with him Frederick E. Smith and Rhoads, Sinon & Reader, for applicant, intervening appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Rhodes

[ 185 Pa. Super. Page 433]

OPINION BY RHODES, P.J.

This is an appeal from an order of the Pennsylvania Public Utility Commission; the sufficiency of the evidence to support the order of the commission is the question presented by appellant.

The commission, on June 10, 1957, ordered that certificates of public convenience be issued to the Hartsville Sewerage Company (hereinafter called "Hartsville") evidencing the commission's approval of its incorporation, organization, and creation, and authorizing the beginning of the exercise of the right, power, or privilege of furnishing sewage collection and disposal service to the public in a designated portion of Warminster Township, Bucks County.*fn1 The order requires Hartsville to obtain a permit from the Department of Health before beginning to render service. Hartsville had previously obtained Letters Patent

[ 185 Pa. Super. Page 434]

    from the Secretary of the Commonwealth under the Act of April 29, 1874, P.L. 73, as amended, 15 PS ยง 1, et seq. This appeal has been taken by the Warminster Township Municipal Authority (hereinafter called "Authority") which also has the authority and proposes to render sewerage service in the same area. It is the only appellant.

The applications of Hartsville for approval of its incorporation and of the right to begin to render sewage collection and disposal service were filed with the commission on October 3, 1956. On November 3, 1956, the Authority filed a motion to dismiss the applications, which motion the commission denied. On November 10, 1956, the Authority filed protests to the granting of the applications. Hearings were held on November 16, 1956, and April 5, 1957. Argument was held before the commission; the order approving the applications of Hartsville for certificates of public convenience was then issued.

Hartsville was being organized for the purpose of constructing and maintaining sewers, conduits, and disposal facilities to furnish sewage collection and disposal service to the public in an area of approximately eight hundred acres situate in the northwesterly portion of Warminster Township. The area is bounded on the north by Little Neshaminy Creek, into which Hartsville proposes to discharge the effluent from its plant. At the time of this proceeding, this area was essentially rural with a few houses. Four of the incorporators of Hartsville are real estate developers who contemplate the construction of approximately one thousand eight hundred houses in the proposed service territory, one hundred to ...


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