PUBLIC UTILITIES - PENNSYLVANIA

Conyngham Township v. Pennsylvania Public Utility Commission

Commonwealth Court of Pennsylvania - October 4, 2024 - A.3d - 2024 WL 4395153

Township filed petition challenging orders of the Public Utility Commission (PUC) finding PUC lacked jurisdiction to review township’s petition requesting that PUC order borough’s sanitary sewer authority to cease providing wastewater treatment and disposal services in township without certificate of public convenience, granting authority’s exceptions, dismissing township’s complaint, and denying reconsideration. Authority intervened.

The Commonwealth Court held that PUC had jurisdiction to review township’s petition.

Public Utility Commission (PUC) had jurisdiction to review township’s petition requesting that PUC order borough’s sanitary sewer authority to cease providing wastewater treatment and disposal services in township without a certificate of public convenience issued by PUC, and that authority return all collected monies to the residents until it obtained a valid certificate, even though the Municipality Authorities Act (MAA) granted the court of common pleas exclusive jurisdiction to determine questions involving utility rates or service; the issue in township’s petition did not involve rates or service.



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