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PENNSYLVANIA POWER & LIGHT COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (06/06/79)

decided: June 6, 1979.

PENNSYLVANIA POWER & LIGHT COMPANY, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT; ALLEGHENY ELECTRIC COOPERATIVE, INC., INTERVENING RESPONDENT



Appeal from the Order of the Pennsylvania Public Utility Commission in case of Mapping of Retail Electric Service Territories, Special Order Docket No. 76-4.

COUNSEL

William E. Zeiter, with him Morgan, Lewis & Bockius, and Vincent Butler, for petitioner.

Allison K. Turner, Assistant Counsel, with her Larry M. Smukler, Assistant Counsel, Shirley Rae Don, Assistant Counsel, and Kathleen Herzog Larkin, Chief Counsel, for respondent.

William E. Mowatt, for intervening respondent.

President Judge Bowman and Judges Crumlish, Jr., Mencer, Blatt, DiSalle, Craig and MacPhail. Judges Wilkinson, Jr. and Rogers did not participate. Opinion by Judge Mencer. Dissenting Opinion by Judge DiSalle.

Author: Mencer

[ 43 Pa. Commw. Page 254]

Pennsylvania Power & Light Company (PP & L) has appealed an order of the Public Utility Commission requiring the filing of maps pursuant to Section 4(c) of the Retail Electric Supplier Unincorporated Area Certified Territory Act (Act), Act of July 30, 1975, P.L. 113, 15 P.S. § 3280(c). We affirm.

The first sentence of Section 4(c) requires that, within a time period specified by the Commission,*fn1 " each retail electric supplier shall file with the commission a map or maps showing all of its existing distribution lines as of the effective date of this act." (Emphasis added.) "Retail electric supplier" is defined in Section 2 of the Act, 15 P.S. § 3278, as " any person, firm, corporation, association or cooperative corporation . . . engaged in the furnishing of retail electric service." (Emphasis added.) PP & L has not denied that it is a firm, corporation, or association engaged in the furnishing of retail electric service. Thus, as a retail electric supplier, PP & L is clearly subject to the unambiguous mandate of Section 4(c).

On August 11, 1976, the Commission, pursuant to its authority under Section 4(c) and under Section 8, 15 P.S. § 3284, entered an order nisi requiring the maps to be filed on or before March 30, 1977.*fn2 The Commission did not deem it necessary for its purposes to know

[ 43 Pa. Commw. Page 255]

    the location of distribution lines located entirely within the service territory of a single retail electric supplier,*fn3 and it therefore ordered that the maps filed show only distribution lines located on the peripheries of service territories, i.e., where electric utilities adjoin other electric utilities, where electric utilities adjoin electric cooperative corporations, and where electric cooperative corporations adjoin other electric cooperatives. The fact that the Commission apparently ignored the statutory requirement that all distribution lines be shown has not been raised by any of the parties to this case.

PP & L filed timely exceptions to the Commission's order and was granted a hearing before an administrative law judge. ...


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