Opinion
Argued April 4, 1972
May 30, 1972.
Public utilities — Appeals — Pennsylvania Public Utility Commission — Public Utility Law, Act 1937, May 28, P. L. 1053 — Appellate Court Jurisdiction Act, Act 1970, July 31, P. L. 673 — Appeal procedures — Petition — Specific errors.
1. Neither the Appellate Court Jurisdiction Act, Act 1970, July 31, P. L. 673, nor the Rules of the Commonwealth Court of Pennsylvania, dispense with the required procedures governing appeals from the Pennsylvania Public Utility Commission set forth in the Public Utility Law, Act 1937, May 28, P. L. 1053. [478]
2. An appeal from the Pennsylvania Public Utility Commission, filed without a proper petition setting forth specific errors assigned as required by the Public Utility Law, Act 1937, May 28, P. L. 1053, must be quashed. [478]
Argued April 4, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.
Appeal, No. 371 C.D. 1971, from the Order of the Pennsylvania Public Utility Commission in case of In Re: Application of Philadelphia Electric Company, Docket No. 96242.
Application with Pennsylvania Public Utility Commission for approval of use of building as necessary for the convenience and welfare of the public. Protest filed. Application granted. Protestant appealed to the Commonwealth Court of Pennsylvania. Applicant intervened and filed motion to quash appeal. Held: Appeal quashed.
Gregory J. Dean, with him James E. Meneses, for appellant.
Dominic J. Ferraro, Assistant Counsel, with him Philip P. Kalodner, Counsel, for appellee.
Dolores Korman, with her Harold E. Kohn and, of counsel, Edward G. Bauer, Jr., Eugene J. Bradley and Donald Blanken, for intervenor.
Upper Merion Township (appellant) filed in this Court a notice of appeal from a decision of the Pennsylvania Public Utility Commission (Commission) whereby the Commission ruled that the use, by Philadelphia Electric Company, of a building at 950 Pulaski Drive, King of Prussia, as a general meter shop was reasonably necessary for the convenience or welfare of the public. Pennsylvania Electric Company has intervened and filed a motion to quash the appeal.
The motion is based upon the admitted failure of the appellant to file in this Court the petition, setting forth specifically and concisely the error or errors assigned to the order of the Commission, required by Section 1101(b) of the Pennsylvania Public Utility Law, Act of May 28, 1937, P. L. 1053, 66 P. S. § 1431 (b). Article XI of that law, of which § 1101 (b) is a part, provides a detailed procedure for appeals from orders of the Commission.
Section 508(e) of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, No. 223, 17 Pa.C.S.A. § 211.508 (e), provides that the jurisdiction of the Superior Court specified in Section 1101(b) is transferred to and vested in the Commonwealth Court.
The same issue was presented to this Court in Pittsburgh, et al. v. Public Utility Commission, et al., 3 Pa. Commw. 546, 284 A.2d 808 (1971). We there held that Article XI continues as the required procedure for appeals from the Commission to this Court and that neither the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, No. 223, 17 Pa.C.S.A. § 211.101, et seq., nor the rules of this Court have effected a change of the law in this regard. Our reasons for this holding were carefully detailed in that recent opinion and therefore need not be repeated here.
We held likewise in Hohensee, et al. v. Public Utility Commission, et al., 3 Pa. Commw. 390, 283 A.2d 503 (1971). This Court's position on this issue was reaffirmed in Basalyga, et al. v. Public Utility Commission, 4 Pa. Commw. 310, 286 A.2d 495 (1972), where we followed Pittsburgh, et al. v. Public Utility Commission, et al., supra.
Accordingly, we make the following
ORDER
And now, this 30th day of May, 1972, it is ORDERED, ADJUDGED and DECREED that the appeal of Upper Merion Township be and it is hereby quashed.