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CENTRAL ELECTRIC COOPERATIVE v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (11/20/87)

decided: November 20, 1987.

CENTRAL ELECTRIC COOPERATIVE, INC., PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania Public Utility Commission, in case of Dennis J. and Linda S. McCormick v. Central Electric Cooperative, Inc., and West Penn Power, No. C-850282.

COUNSEL

J. Michael King, Lynn & King, for petitioner.

Mark C. Morrow, Assistant Counsel, with him, Terryl A. Moreland, Assistant Counsel, William C. Matthews, II, Deputy Chief Counsel, and Daniel P. Delaney, Chief Counsel, for respondent.

Deborah M. DePaul, with her, John L. Munsch and Thomas K. Henderson, for intervenor, West Penn Power Company.

Judges Craig and Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 111 Pa. Commw. Page 224]

Central Electric Cooperative, Inc. (Central) petitions for review of an order of the Pennsylvania Public Utility Commission (Commission), which allowed Dennis and Linda McCormick (McCormicks) to remain customers of West Penn Power Company (West Penn) despite the fact that the McCormicks' residence is located within Central's service territory. We reverse.

The McCormicks in 1978 installed their all-electric mobile home on a piece of property they had purchased in West Sunbury, Pennsylvania. Central's transmission line was located 146 feet, 7 inches from the McCormicks' residence. West Penn's transmission line is 226 feet, 8 inches from the McCormicks' residence. On service

[ 111 Pa. Commw. Page 225]

    area maps drawn pursuant to the Retail Electric Supplier Unincorporated Area Certified Territory Act (Act),*fn1 the McCormicks' property is bisected by the division line between the West Penn and Central service areas, with the McCormicks' residence located within Central's service area.*fn2 Because West Penn had a right-of-way across the rear of the McCormicks' property, the McCormicks mistakenly applied to West Penn for utility service.

On June 6, 1985, the McCormicks were notified by West Penn that their electric service would be discontinued on June 12, 1985 because of West Penn's discovery of its inadvertent violation of the Act.

On June 12, 1985, the McCormicks filed a complaint with the Commission asking that they be allowed to remain customers of West Penn. After a hearing, an Administrative Law Judge granted the relief requested by the McCormicks. The Commission affirmed, ...


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