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CLEMMER ET AL. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (03/24/66)

decided: March 24, 1966.

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



Appeals from orders of Pennsylvania Public Utility Commission, Nos. A. 91893, A. 91892, A. 91954, A. 92111, A. 91891, A. 91894, A. 92048, A. 92049, A. 92169, A. 92166, and A. 92167, in cases of Richard I. Clemmer et al. v. Pennsylvania Public Utility Commission et al.; Otis A. Astle et al. v. Same; A. Lewis Trego et ux. v. Same; Sterling O. Warner et ux. v. Same; County of Chester et al. v. Same; Howard S. Rue, Jr. et ux. v. Same; W. H. Dunwoody Zook et ux. v. Same; John S. Kean et ux. v. Same; Samuel W. Morris et al. v. Same; William H. Brower et ux. v. Same.

COUNSEL

Fred T. Cadmus, III, for appellants.

Theodore O. Rogers, for County of Chester, intervenor-appellant.

Anthony L. Marino, Assistant Counsel, with him Joseph C. Bruno, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

Samuel Graff Miller, with him Donald Blanken, Edwin W. Scott and Vincent P. McDevitt, for intervenor-appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Montgomery, J.

Author: Montgomery

[ 207 Pa. Super. Page 390]

These appeals are from orders of the Pennsylvania Public Utility Commission (Commission) granting to the Philadelphia Electric Company (Company) certificates of public convenience to permit condemnation of

[ 207 Pa. Super. Page 391]

    easements over lands in Chester County, Pennsylvania. The orders are based on applications filed by the Company for authority to erect a 500 KV aerial power line from Peach Bottom, located on the Susquehanna River in York County, to Whitpain, Montgomery County, by a route through Chester County. The project is part of a power grid arrangement involving other electric companies in Pennsylvania, New Jersey and Maryland.*fn1

The Company owns another three hundred fifteen (315) foot right of way through Chester County known as Conowingo Right of Way, which appellants contend is adequate for the purposes for which the Company alleges it needs the new right of way.

The instant appeals involve approximately three and six tenth miles of a total of 45 miles more or less of necessary easements within Chester County. The entire length of the proposed 500 KV line through Chester, Montgomery, York and Lancaster Counties is 83 miles. The easement rights over 82.8 per cent of the properties along this proposed 83 mile line have already been acquired by the Company.

[ 207 Pa. Super. Page 392]

The properties involved in these appeals are those of Richard I. Clemmer et ux. (No. 63), Otis A. Astle et ux. (No. 64), A. Lewis Trego et ux. (No. 66), Sterling O. Warner et ux. (No. 67), Howard S. Rue et ux. (No. 79), W. H. Dunwoody Zook et ux. (No. 81), John S. Kean et ux. (No. 84), Samuel W. Morris et ux. (No. 85), and William H. Brower et ux. (No. 89).

The County of Chester has been granted permission to intervene as an appellant in the cases of Clemmer (No. 63), Astle (No. 64), and Morris (No. 85), and has also filed separate appeals from the orders affecting Clemmer and Astle, its Clemmer case appeal being No. 71 and the Astle No. 70. In two other cases affecting properties of Nathan M. Clark and the Janaline Realty Company in which the county had intervened in the proceedings before the Commission, as it had done also in Clemmer and Astle, the county took appeals at Nos. 69 and 72, although the property owners Clark and Janaline did not appeal. We have refused a motion of the Company to dismiss the separate appeals by the county and shall consider them as part of this consolidated appeal since the issues are common to all ...


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