HMS Legal Blog

“Tip Letter” and Records Related to Investigation Leading to PUC-Approved Settlement Not Subject to Disclosure


The PUC is not required to disclose a utility employee’s “tip letter” or other records relating to an investigation of the utility’s practices where the documents are not considered by the Commissioners when approving the resulting settlement. 

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PA Utility Eminent Domain Exercise Not Limited to “Absolute Necessity”

In a 5-2 en banc opinion issued December 22, the Commonwealth Court flatly rejected the notion that a utility must prove “absolute necessity” before resorting to condemnation.  Affirming the PUC’s grant of PPL Electric’s application to exercise its eminent domain power to acquire rights-of-way and easements over the private lands of protestants to construct a new eleven-mile transmission line across the Susquehanna River and a related substation, the Court reaffirmed prior case law adopting an easier hurdle for would-be utility condemnors.  As the Court reasoned:  “Under Protestants’ proposed standard, utilities could only seek approval … when a problem is looming and the resolution is ‘absolutely necessary.’  Utilities would essentially have to wait until an existing system fails before seeking approval of a project.  Not only would this approach be impractical and unrealistic, it would actually pose a danger to the health, safety and welfare of the public.”  Hess v. Pennsylvania Public Utility Commission, 1370 C.D. 2013 (December 22, 2014) (en banc).

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NIMBYs and Environmental Groups Win First Round Before PUC Against Sunoco Pipeline


Sunoco’s proposed Mariner East pipeline that would transport natural gas liquids (NGLs) from Pennsylvania’s rich Marcellus Shale production in Western Pennsylvania to processing plants in southeastern Pennsylvania, received a blow from Pennsylvania Public Utility Commission ALJs on July 23, 2014.

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PUC SEEKS COMMENTS ON SMART METER PROCUREMENT AND INSTALLATION ISSUES

The PUC recently issued a Tentative Order seeking comment on a number of issues involved in the implementation of the deployment of smart meter technology throughout the Commonwealth and the data transactions required to support that implementation. Smart Meter Procurement and Installation, Docket No. M-2009-2092655 (Tentative Order entered June 30, 2011).

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Commonwealth Court Upholds PUC's Approval of PPL's Poconos Transmission Line

In January 2009, PPL Electric Utilities Corp. (“PPL”) sought Pennsylvania Public Utility Commission (“PUC”) approval to construct a 500kV Pennsylvania-New Jersey transmission line, part of which, subject to the issuance of appropriate permits, will run through the National Park system in Pennsylvania's Pocono Mountains.  The project involves modernization of an existing 230kV transmission line and the exercise of eminent domain over five parcels of land.  A PUC Administrative Law Judge issued a recommended decision granting PPL’s application on the condition that PPL not begin construction on the 230kV line prior to obtaining all approvals necessary for construction.  The PUC's final opinion and order adopted the ALJ’s recommended decision but also required that PPL inform the PUC whether it intended to defer its construction schedule and refrain from constructing a certain portion of the 230kV line until obtaining a National Park Service permit.  On reconsideration, the PUC clarified that PPL could begin construction on any other part of either line that was not subject to the National Park Service permit because to hold otherwise “would result in a significant, unacceptable delay in light of the demonstrated need for the line.”

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PA PUC ENTERS WRITTEN DECISION IN HMS’LASER MARCELLUS PIPELINE APPLICATION CASE

On June 4, 2011, the PUC reduced its majority motion to a written order and has remanded the case to an Administrative Law Judge for a ruling on whether the service and terms of the partial settlement are in the public interest.  The Order essentially follows Commissioner Wayne E. Gardner’s Motion, which was joined by Chairman Robert F. Powelson and Vice-Chairman John F. Coleman, Jr. at the May 19, 2011 public meeting.  It accepted the position of Laser and other parties, such as the PUC’s Office of Trial Staff, that the service proposed by Laser will be public utility service because it will be open to any member of the public requiring service to the extent of capacity.

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Columbia Gas Files for $37.8 million Rate Increase

After only a few months of collecting the newly increased rates from its 2010 Rate Case, Columbia Gas of Pennsylvania is back before the Pennsylvania Public Utility Commission seeking an additional $37.8 million in annual revenue.

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PUC Approves New Rules Aimed at Improving Retail Natural Gas Competition

Today, in split vote, the PUC approved new regulations intended to level the playing field for natural gas competition.

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