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BOBTOWN SEWAGE COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/15/61)

June 15, 1961

BOBTOWN SEWAGE COMPANY, APPELLANT
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 159, April T., 1960, from order of Pennsylvania Public Utility Commission, No. A-86265, 1959, in case of Bobtown Sewage Company v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

R. Wallace Maxwell, with him Challen W. Waychoff, and A. W. Waychoff, for appellant.

Antony L. Marino, Assistant Counsel, with him Edward Munce, Assistant Counsel, and Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

W. Robert Thompson, with him Thompson and Baily, for intervening appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Flood

[ 195 Pa. Super. Page 331]

OPINION BY FLOOD, J.

This is an appeal from the refusal of the Public Utility Commission to grant a certificate of public convenience to the plaintiff for the operation of a sewage system.

The system was constructed by Jones and Laughlin Steel Corporation about 1926 to serve some three hundred homes constructed by it in Dunkard Township, Greene County, Pennsylvania, in connection with a coal mining operation of the corporation. The corporation furnished the use of the sewage system without charge to the occupants of the houses.

Although the system had cost $167,933.27 to build and $32,529 was spent later for repairs, the Steel Corporation, presumably wishing to be rid of the burden

[ 195 Pa. Super. Page 332]

    of its operation, contracted on November 10, 1958, to sell it to Charles Balazick (who has transferred his right to the plaintiff) for $1.00 plus a credit of $3,000 to be applied against future charges to the corporation for use of the system. The conveyance was conditioned upon the obtaining, by June 30, 1959, of a certificate of public convenience from the Public Utility Commission for the operation of the system.

Plaintiff duly applied for this certificate. Dunkard School District and others opposed the petition, and, after the first hearing, the Dunkard-Bobtown Municipal Authority was chartered and intervened to oppose the grant. Later the authority by proper proceedings under the Municipal Authorities Act of May 2, 1945, P.L. 382, § 1 et seq., as amended, 53 PS § 301 et seq., acquired the sewage system by eminent domain. Thereafter plaintiff's application was refused upon the ...


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