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DEPARTMENT TRANSPORTATION v. P.U.C. AND BELL TELEPHONE COMPANY PENNSYLVANIA AND DUQUESNE LIGHT COMPANY (12/08/71)

decided: December 8, 1971.

DEPARTMENT OF TRANSPORTATION
v.
P.U.C. AND BELL TELEPHONE COMPANY OF PENNSYLVANIA AND DUQUESNE LIGHT COMPANY, INTERVENING APPELLEES



Appeal from the Order of the Pennsylvania Public Utility Commission, in the case of Application of Department of Highways, now the Department of Transportation of the Commonwealth of Pennsylvania, Application Docket No. 95467.

COUNSEL

William E. Bethards, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

Anthony L. Marino, Assistant Counsel, with him Alan R. Squires, Assistant Counsel, and Edward Munce, Acting Counsel, for appellee, Pennsylvania Public Utility Commission.

Donald F. Clarke, with him John B. King and Sheldon Seligsohn, for intervening appellee, Bell Telephone Company.

Eric P. Reif, with him Reed, Smith, Shaw & McClay, for intervening appellee, Duquesne Light Company.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 3 Pa. Commw. Page 556]

The Pennsylvania Department of Highways, now the Department of Transportation (Department), filed an appeal with this Court on June 1, 1971 from a May 3, 1971 order of the Pennsylvania Public Utility Commission (Commission) which denied the Department's petition for a further hearing and modification of the Commission's order of December 7, 1970. The Bell Telephone Company of Pennsylvania (Bell) and the Duquesne Light Company (Duquesne), as intervening appellees, filed motions to quash the appeal.

On July 11, 1969, the Department filed an application with the Commission requesting approval, in connection with State Highway Route 1074, in Allegheny County, for the construction, alteration and/or abolition of several highway crossings in North Versailles Township which would affect facilities owned by the intervening appellees here, as well as by other nontransportation public utility companies.

A public hearing was held by the Commission in connection with this application on March 10, 1970, at which the Department, Bell, Duquesne and other interested parties appeared with counsel and participated. The Commission, by order dated December 7, 1970, approved the Department's application and allocated against the Department all costs for relocation from the public right of way of the facilities owned by Duquesne, Bell and the Equitable Gas Company. This order was served on the Department on December 17, 1970.

On February 1, 1971, the Department filed a petition for further hearing and modification of the Commission's order of December 7, 1970. This petition was denied by the Commission on May 3, 1971 and the Department took this appeal.

The Department's petition for further hearing and modification of the Commission's ...


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