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STONE v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/15/60)

June 15, 1960

STONE, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 71, Oct. T., 1960, from order of Pennsylvania Public Utility Commission, Application Docket No. 86700, in case of Jady B. Stone v. Pennsylvania Public Utility Commission et al. Order affirmed.

COUNSEL

Virginia Funk, for protestant, appellant.

Edward Munce, Assistant Counsel, with him Herbert E. Squires, Assistant Counsel, and Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

Henry Paul Sullivan, with him Samuel Graff Miller, and Vincent P. McDevitt, for utility company, intervening appellee.

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

Author: Wright

[ 192 Pa. Super. Page 575]

OPINION BY WRIGHT, J.

We are here concerned with an appeal by Jady B. Stone from an order of the Pennsylvania Public Utility Commission, dated January 18, 1960, granting an application of the Philadelphia Electric Company, hereinafter referred to as Philadelphia, for approval of the exercise of the right of eminent domain under the provisions of the Act of May 21, 1921, P.L. 1057, 15 P.S. 1182, in acquiring a right of way across appellant's farm in the Township of Peach Bottom, York County, for the construction, operation and maintenance of a high-power transmission line. Philadelphia was granted permission to become an intervening appellee.

The record discloses that Philadelphia plans to construct a 220,000 volt transmission line from its Nottingham Substation in Chester County, Pennsylvania, via its proposed Peach Bottom Generating Station in York County, Pennsylvania, to a point on the Pennsylvania-Maryland State line where it will connect with a similar line to be constructed by the Baltimore Gas and Electric Company, hereinafter referred to as Baltimore, extending from its Graceton Substation in Harford County, Maryland. The route of Philadelphia's portion of this transmission line traverses the Stone farm. The nature of the Peach Bottom Generating Station

[ 192 Pa. Super. Page 576]

    and the reasons for the construction of the line appear in the testimony of Philadelphia's supervising electrical engineer, Arthur H. Sellers, a portion of which is set forth in the footnote.*fn1

[ 192 Pa. Super. Page 577]

In the early part of 1958, Philadelphia and Baltimore initiated studies of the area between the site of the proposed Peach Bottom Generating Station and the site of the Graceton Substation in order to select a general route for the transmission line between those two units, and to determine the contact point along the Pennsylvania-Maryland border where the Philadelphia and Baltimore portions of the line would connect. As a result of those studies, and of several meetings in the field, a mutually satisfactory contact point was agreed upon. Beginning about the middle of 1958, using existing maps and airplane pictures, studies were made by Philadelphia covering the entire area between the site of the Nottingham substation and the contact point at the Pennsylvania-Maryland border to determine the most reasonable and feasible route for a high-power transmission line which would connect those two points while also passing through the site of the proposed Peach Bottom Generating Station. This procedure involved a detailed analysis of the terrain, ...


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