Appeal, No. 51, May T., 1962, from decree of Court of Common Pleas of Dauphin County, No. 309 Commonwealth Docket, 1960, No. 2425, equity docket, certified to the Supreme Court by the Superior Court, in case of Delaware River Port Authority v. Pennsylvania Public Utility Commission. Decree affirmed.
Morris Duane, with him Francis W. Sullivan, and Duane, Morris & Heckscher, for Authority, appellant.
Joseph I. Lewis, Chief Counsel, with him William A. Goichman, Assistant Counsel, for Public Utility Commission, appellee.
Ernest R. von Starck, with him Vincent P. McDevitt, Samuel Graff Miller, Robert P. Garbarino, and Morgan, Lewis & Bockius, for electric company, intervenor, appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
OPINION BY MR. JUSTICE COHEN
The subject matter of this appeal is the relocation costs incurred by the Philadelphia Electric Company (Company) in moving its electric utility lines from one part of a public highway to another part to make way for the construction of certain approaches to the Walt Whitman Bridge connecting Philadelphia with New Jersey.
In 1960, appellant, the Delaware River Port Authority (Authority) filed a complaint in the Commonwealth court against appellee, the Pennsylvania Public Utility Commission (Commission) seeking the court to (1) enjoin it from "claiming any jurisdiction or power to hold hearings or take any other action that would certify or award costs against [Authority]" and (2) "grant such other relief" as the court may deem equitable. Company was permitted to intervene. The lower court denied plaintiff's motion for judgment on the pleadings and dismissed the complaint. It also directed the Commission to proceed to "certify the actual costs involved in these proceedings and to allocate
the same as directed by the Pennsylvania Superior Court in its opinion in 180 Pa. Superior Ct. 315." This appeal by Authority followed.
The history surrounding this appeal is pertinent. In 1954, pursuant to the provisions of section 409 of the Public Utility Law of 1937, May 28, P.L. 1053, as amended, 66 PS § 1179, Authority applied to Commission for permission to construct portions of the Walt Whitman Bridge over railroad tracks located on Delaware Avenue in Philadelphia. Incident to this request, Authority requested Commission to allocate the costs and expenses arising from the construction in question, under section 411 of the statute, 66 PS § 1181.
In response to this application, Commission approved the crossing and found as one of the costs the expenses of Company in moving its utility lines to accommodate the construction, which expenses were ordered to be paid by Authority. Authority appealed this order to the Superior Court which in Delaware River Port Authority v. Pennsylvania Public Utility Commission, 180 Pa. Superior Ct. 315, 119 A.2d 855 (1956), affirmed Commission's actions. This Court subsequently denied Authority's application for allocatur. Thereupon, the order became final and there remained ...