Appeal from the Order of the Pennsylvania Public Utility Commission in case of James F. McCort and Muriel O. McCort v. Philadelphia Electric Company, Order of March 18, 1974.
Gerald Jay Pomerantz, with him James F. McCort, for appellants.
Melville G. M. Walwyn, Assistant Counsel, with him Edward Munce, Acting Counsel, for appellee.
Donald Blanken, with him Edward G. Bauer, Jr., and Eugene J. Bradley, for intervening appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer.
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James F. McCort and Muriel O. McCort (appellants) filed complaints with the Pennsylvania Public Utility Commission (Commission) against the Philadelphia Electric Company (Philadelphia Electric), alleging
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that appellants had been overcharged for a period of years by Philadelphia Electric's utilization of defective meters. Also, the complaints alleged that Philadelphia Electric "is taking a major portion of the unpaid ghetto electric billings and supplying them to suburban areas where the minimal increase in cost would not be noticed."
The Commission held a hearing on March 20, 1973, and thereafter issued an order, entered March 21, 1974, dismissing the complaints. On April 17, 1974, appellants filed a notice of appeal from that order. On April 19, 1974, appellants filed a document with this Court entitled "Citation of Errors." The document consisted of 32 paragraphs objecting to the sufficiency, competency, or completeness of the evidence offered by Philadelphia Electric in response to appellants' complaints. The document concluded with the prayer that the Commonwealth Court "order and direct respondent to a trial before a judge or judges of the Commonwealth Court and be further directed to produce [at trial] all documents now in possession of respondents and refused under subpoena."
Philadelphia Electric filed a petition for leave to intervene as party appellee and this petition was granted on May 13, 1974. Both the Commission and Philadelphia Electric filed motions to quash this appeal. These motions are based upon the asserted failure of the appellants to file in this Court the petition, setting forth specifically and concisely the error or errors assigned to the order of the Commission, required by Section 1101(b) of the Pennsylvania Public Utility Law, Act of May 28, 1937, P.L. 1053, as amended, 66 P.S. § 1431(b). As an additional reason for the motions to quash the appeal, it is asserted that the appellants' purported petition of appeal, captioned "Citation of Errors" seeks to obtain a de novo hearing before this
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Court and does not seek relief from the order of ...