Opinion
No. 151 MM 2009.
August 31, 2009.
Emergency Application for a Supersedeas Pursuant to Pa.R.A.P. 3315 and for Expedited Consideration.
ORDER
AND NOW, this 31st day of August, 2009, Petitioners' Emergency Application for a Supersedeas Pursuant to Pa.R.A.P. 3315 and for Expedited Consideration is hereby DENIED without prejudice. This matter is REMANDED to the Commonwealth Court for an analysis on the merits of Petitioners' application for a stay under this Court's decision in Pennsylvania Pub. Utility Comm'n v. Process Gas Consumers Group, 467 A.2d 805, 809-10 (Pa. 1983) ( Process Gas). See Commonwealth v. Empowerment Bd. of Control of the Chester-Upland School Dist., 938 A.2d 1000, 1006 (Pa. 2007) ( Chester-Upland).