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BOROUGH MOOSIC v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (05/29/81)

decided: May 29, 1981.

BOROUGH OF MOOSIC, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. PENNSYLVANIA GAS & WATER COMPANY ET AL., INTERVENORS. MARY ALLEN, PETITIONER V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. PENNSYLVANIA GAS & WATER COMPANY ET AL., INTERVENORS



Appeals from the Order of the Pennsylvania Public Utility Commission in case of In Re: Application of Pennsylvania Gas and Water Company for approval of the transfer by sale to Scranton Lackawanna Industrial Building Company (or its nominee, the County of Lackawanna) of approximately 426 acres of land for recreational development, located partly in the City of Scranton and partly in the Borough of Moosic, Lackawanna County, Docket Nos. A-00101378 and I-79040309.

COUNSEL

Joseph L. Vender, for petitioner, Borough of Moosic.

Joseph A. Lakowski, for petitioner, Mary Allen.

George H. Buchanan, Assistant Counsel, with him Shirley Rae Don, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondent, Pennsylvania Public Utility Commission.

Charles E. Thomas, with him Jack F. Aschinger, and Patricia Armstrong, of Thomas & Thomas, for intervenor, Pennsylvania Gas and Water Company.

Ernest D. Preate, Sr., with him Robert A. Preate and J. P. McGowan, of Levy, Preate & Purcell, for intervenor, Scranton Lackawanna Industrial Building Company.

James J. Ligi, for intervenor, County of Lackawanna.

President Judge Crumlish and Judges Mencer, Rogers, Craig and Palladino. Judges Blatt and Williams, Jr. did not participate. Opinion by Judge Craig. Judge Mencer did not participate in the decision in this case.

Author: Craig

[ 59 Pa. Commw. Page 340]

In these consolidated cases, the protestants have appealed an order of the Public Utility Commission (commission) which affirmed a decision of an administrative law judge (ALJ) approving an application of Pennsylvania Gas & Water Company (PG&W) to transfer 456.56 acres of its property, located in the watershed area of PG&W's Stark and No. 5 Reservoirs, to the Scranton Lackawanna Industrial Building Company (SLIBCO). The property at issue lies partly within the City of Scranton and partly within the Borough of Moosic (borough).

On January 31, 1979 PG&W, a public utility which supplies and distributes water and natural gas in northeastern Pennsylvania, and SLIBCO, the industrial arm of the Greater Scranton Chamber of Commerce, agreed that PG&W sell the subject property to SLIBCO or to SLIBCO's nominee, Lackawanna

[ 59 Pa. Commw. Page 341]

County. At the time of making the agreement, PG&W knew that Lackawanna County intended to construct ski slopes on a portion of the property as part of a proposed ...


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