Appeal from the Orders of the Pennsylvania Public Utility Commission, in the case of Peoples Natural Gas Company v. Apollo Gas Company, No. C-850521, dated January 5, 1987.
Dennis J. Lewis, with him, Patricia Armstrong, Robert M. Lucas, Alder, Cohen & Grigsby, P.C. and William P. Boswell, for petitioner.
Frank B. Wilmarth, Assistant Counsel, with him, Mark C. Morrow, Assistant Counsel, Will C. Matthews, Deputy Chief Counsel, Daniel P. Delaney, Chief Counsel, for respondent.
Lawrence B. Nydes, for intervenor, Equitable Gas Company.
Norman James Kennard, Kenneth Zielonis, Tucker Arensberg, P.C., for intervenor, Apollo Gas Company.
Bernard A. Ryan, Jr., Dechert, Price & Rhoads, for intervenor, Eljer Plumbingware Division, Household Manufacturing, Inc.
Bruce Wiegand, with him, Walter A. Bunt, Jr., Nancy L. Krzton, Kirkpatrick & Lockhart, and Jay W. Dawson, for intervenor, T.W. Phillips Gas and Oil Company.
President Judge Crumlish, Jr., and Judges Craig, MacPhail, Colins, Palladino, McGinley, and Smith. Opinion by President Judge Crumlish, Jr. Judge Colins dissents.
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Peoples Natural Gas Company (Peoples) appeals*fn1 a Pennsylvania Public Utility Commission (PUC) order dated January 5, 1987, adopting the recommended decision of Administrative Law Judge (ALJ) Michael A. Nemec and authorizing Apollo to serve the Eljer manufacturing plant in Ford City, Armstrong County, Pennsylvania.
Pursuant to a 1938 Certificate of Public Convenience (CPC)*fn2 and charter rights,*fn3 Peoples has the right to serve Ford City. The only other natural gas company
[ 116 Pa. Commw. Page 515]
with service rights in the area was PPG, Inc. (PPG), which had a plant in Ford City. In 1971, PPG contracted to convey ownership of PPG's pipeline and other service equipment to Apollo, conditioned on Apollo's continuing obligation to supply PPG's needs. In conjunction with this agreement, Apollo applied to the PUC for ...