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PAINTER ET AL. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (03/22/61)

March 22, 1961

PAINTER ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 330 and 331, Oct. T., 1960, from orders of Pennsylvania Public Utility Commission, Application Dockets 86931, Folders 1 and 2, and 87050, Folders 1 and 2, in cases of W. Robert Painter et al. v. Pennsylvania Public Utility Commission et al., and W. Robert Painter et al. v. Same. Orders affirmed.

COUNSEL

William H. Mitman, with him Stively and Mitman, for appellants.

Miles Warner, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

Otis W. Erisman, with him Samuel B. Corliss, and Truscott, Kline, O'Neill & Howson, for intervenor-appellee.

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

Author: Ervin

[ 194 Pa. Super. Page 549]

OPINION BY ERVIN, J.

On September 26, 1959 Whitford Water Company (Whitford), an existing water company, filed with the

[ 194 Pa. Super. Page 550]

    commission an application to extend its authority to furnish water to the public in an additional area in West Whiteland Township, which area is adjacent to territory already being served by Whitford. On November 17, 1959, W. Robert Painter, J. Frederick Painter, Hervey M. Painter and Kennard G. Porter, Jr., individually and as incorporators of the Uwchlan Water Company, a proposed corporation, and the Uwchlan Water Company (Uwchlan), filed an application with the commission seeking approval of its incorporation as a public utility and for the right to furnish water to the public in a portion of West Whiteland Township (being approximately the same territory as the additional territory sought by Whitford). On January 15, 1960 W. Robert Painter, J. Frederick Painter, Hervey M. Painter and Kennard G. Porter, Jr., individually and as incorporators of the Whiteland Water Company, a proposed corporation, and the Whiteland Water Company (Whiteland), filed with the commission an application seeking approval of its incorporation as a public utility and the right to furnish water to the public in an area in Uwchlan Township to the west and north of the area sought by Uwchlan. Uwchlan and Whiteland filed protests against the application of Whitford and Whitford filed protests against the applications of Uwchlan and Whiteland.

On November 20, 1959 the commission's examiner held a hearing in Coatesville on Whitford's application. On February 29, 1960 the commission's examiner held a hearing in West Chester on the applications of Uwchlan and Whiteland. The testimony of Whitford's Coatesville hearing was made a part of the record of the hearing of Uwchlan and Whiteland held in West Chester. The examiner, without objection, treated the proceedings as one involving a single application and the commission later did the same thing in its order.

[ 194 Pa. Super. Page 551]

On June 27, 1960 the commission entered its order disposing of all applications. The order granted Whitford the additional rights it sought and denied the applications of Uwchlan and Whiteland. Two separate appeals were then taken by Uwchlan and Whiteland. ...


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