Interstate Gas Supply, Inc., Pets. v. PUC

• Court: Supreme Court of Pennsylvania
• Decided: March 5, 2024
• Docket: 292 MAL 2023 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

INTERSTATE GAS SUPPLY, INC. D/B/A : No. 292 MAL 2023 IGS ENERGY, NRG ENERGY, INC. AND : SHIPLEY CHOICE LLC D/B/A SHIPLEY : ENERGY, : Petition for Allowance of Appeal : from the Order of the Petitioners : Commonwealth Court : : v. : : : PUBLIC UTILITY COMMISSION, : : Respondent :

ORDER

PER CURIAM

AND NOW, this 5th day of March, 2024, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by Petitioners, is:

Contrary to the plain language and intent of . . . Section 1502 [of the Public Utility Code], 66 Pa. C.S. § 1502—which prohibits a public utility from granting any advantage to any person or corporation, or subjecting any person or corporation to a disadvantage—and Section 2804(6) [of the Competition Act], 66 Pa. C.S. § 2804(6)—which requires monopoly [e]lectric [d]istribution [c]ompanies like [Metropolitan Edison Company, Pennsylvania Electric Company, Pennsylvania Power Company, and West Penn Power Company] (“EDCs”) to provide distribution service to [e]lectric [g]eneration [s]uppliers (“EGSs”) like [P]etitioners on “rates, terms of access and conditions that are comparable to the utility’s own use of its system”— did the Commonwealth Court err as a matter of law by upholding the [Public Utility Commission’s (PUC)] interpretation of those sections to allow [the EDCs] to include charges for its own “side” products and services on its utility bills but exclude charges for the same or similar products offered by [P]etitioners, where the PUC long ago held billing to be a part of public utility distribution service? Petitioners’ Application for Leave to File Reply in Support of Petition for Allowance

of Appeal is DENIED.

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