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BELL TELEPHONE COMPANY PENNSYLVANIA v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (07/24/80)

decided: July 24, 1980.

THE BELL TELEPHONE COMPANY OF PENNSYLVANIA, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. UNIVERSITY HEALTH CENTER OF PITTSBURGH, PARTY RESPONDENT



Appeal from the Order of the Pennsylvania Public Utility Commission in case of University Health Center of Pittsburgh v. The Bell Telephone Company of Pennsylvania, No. C.21997.

COUNSEL

Edward W. Madeira, Jr., with him Laurence Z. Shiekman, Pepper, Hamilton & Scheetz, Donald F. Clarke, Raymond F. Scully, and Daniel J. Whelan, for petitioner.

Allison K. Turner, Assistant Counsel, with her Shirley Rae Don, Deputy Chief Counsel and George M. Kashi, Chief Counsel, for respondent.

Stewart M. Flam, with him Wilbur McCoy Otto, Dickie, McCamey & Chilcote, and George A. Huber, for party respondent.

President Judge Crumlish, Jr., and Judges Wilkinson, Jr., Mencer, Rogers, Craig, MacPhail and Williams, Jr. Judge Blatt did not participate. Opinion by President Judge Crumlish. Judge Williams, Jr., dissents.

Author: Crumlish

[ 53 Pa. Commw. Page 242]

The Bell Telephone Company of Pennsylvania (Bell) appeals from an order of the Pennsylvania Public Utility Commission (Commission) reversing the decision of the Administrative Law Judge (ALJ) and remanding for a computation of Centrex connection costs under Bell's 1976 tariff. We reverse the Commission and hold that the ALJ's computation of costs under Bell's March 1, 1978 tariff was correct.

The pertinent facts may be summarized as follows: On June 8, 1976, the University Hospital Center of Pittsburgh (UHCP) contracted with Bell, by letter agreement, to convert four of its member hospitals and a clinic from Class E, PBX exchange systems, to a single Centrex system. Work was commenced on the cutover in June, 1976 and completed 21 months later on March 12, 1978. UHPC was aware at the time of the contract that installation of the system would take

[ 53 Pa. Commw. Page 243]

    at least 18 months, and there is no evidence of intentional delay on the part of Bell in installation.

On October 18, 1976, UHCP filed a complaint against Bell seeking an order by the Commission directing that under the agreement entered June 8, 1976, and Bell's tariff regulations in effect at that time, it was entitled to an exemption from termination and connection charges for all of its member institutions for conversion to Centrex service.

Bell maintained that the 1976 tariff qualified but one of the five conversion locations for exemption and that its proposed tariff revision, filed November ...


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