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12/17/97 AT&T v. PENNSYLVANIA PUBLIC UTILITY

COMMONWEALTH COURT OF PENNSYLVANIA


December 17, 1997

AT&T, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT; SPRINT COMMUNICATIONS COMPANY L.P., PETITIONER V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT

Original Opinion of October 16, 1997, Previously Substituted Opinion of October 16, 1997,

James Gardner Colins, President Judge

The opinion of the court was delivered by: Colins

ORDER

AND NOW, this 17th day of December, 1997, the applications for reargument filed by AT&T; by Sprint Communications Company, L.P.; by the Pennsylvania Public Utility Commission; and by The Delaware and Hudson Railway Company, Inc., are DENIED.

Reconsideration is GRANTED, and the opinion and order filed October 16, 1997 are withdrawn.

On or before January 26, 1998, each of the above-named applicants shall file a brief addressing the following issues:

1. The source of the Pennsylvania Public Utility Commission's power to abrogate existing maintenance agreements at crossings.

2. The discretion of the Pennsylvania Public Utility Commission to apply or not to apply Section 508 of the Public Utility Code, 66 Pa. C.S. § 508.

3. The proper interpretation of Section 508 of the Public Utility Code, 66 Pa. C.S. § 508.

Each applicant may file a responsive brief on or before February 25, 1998.

BY THE COURT:

JAMES GARDNER COLINS, President Judge

19971217

© 1998 VersusLaw Inc.



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