Appeal from order of Pennsylvania Public Utility Commission, Complaint Docket No. 17661, Application Docket No. 89823, in case of Dublin Water Company v. Pennsylvania Public Utility Commission et al.
James E. Riely, with him Milton Berger, and Berger, Riely, Speese & Barol, for appellant.
Miles Warner, Assistant Counsel, with him Joseph C. Bruno, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.
Norman T. Hayes, Jr., with him Robert H. Young, and Morgan, Lewis & Bockius, for intervening appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Flood, Jacobs, and Hoffman, JJ. Opinion by Ervin, P. J. Hoffman, J., dissents.
[ 206 Pa. Super. Page 182]
This appeal from an order of the Pennsylvania Public Utility Commission, dated June 1, 1964, involves a dispute between competing water companies as to the right to render service in certain areas of Upper Dublin Township, Montgomery County. The companies involved are Dublin Water Company, appellant (Dublin), and Philadelphia Suburban Water Company (Suburban). A statement of the rather lengthy proceedings is necessary to an understanding of the questions raised by the appeal.
Suburban is a large water company serving an area of 300 square miles and 182,139 customers in suburban Philadelphia. Through its predecessor companies, Suburban obtained charter authority for water service to all of Upper Dublin Township, initiated service in the township in 1903 and, as of 1962 served some 2,000 customers in the south and eastern portion of the township.
On September 2, 1958 the commission approved the incorporation of Dublin and authorized it to render water service in a comparatively small area of the
[ 206 Pa. Super. Page 183]
northwestern portion of Upper Dublin Township. The executive head of Dublin stated it was organized to provide service in this Maple Glen area because Suburban refused such service. Suburban's Mr. Myers denied his company ever refused such service and stated that Suburban received no actual notice of Dublin's formation other than constructive notice by publication.
By later application proceedings the commission approved extensions of Dublin's water service, on May 9, 1960, to another comparatively small area, immediately to the east of Dublin's original franchise territory. Suburban received notice of this extension of territory by Dublin and did not oppose it.
On May 5, 1961 Dublin filed an application covering a three-quarter square mile area to the west of its original territory. Suburban did not oppose this application. However, on June 19, 1961 Dublin filed an amendment to its application at 88148, which greatly enlarged the territory sought to be served by Dublin and included large areas to the west of Dublin's territory. The amendment also included a large square of land to the east of Dublin's then certificated territory, namely, all the land north of Limekiln Pike, west of Dreshertown Road and south of the boundary (Welsh Road) between Upper Dublin and Horsham Townships, comprising some 2,500-3,000 acres and about ...