Leveto v. National Fuel Gas Distribution Corp.

366 A.2d 270, 243 Pa. Super. 510, 1976 Pa. Super. LEXIS 3001
CourtSuperior Court of Pennsylvania
DecidedNovember 22, 1976
Docket56, 57 and 209
StatusPublished
Cited by28 cases

This text of 366 A.2d 270 (Leveto v. National Fuel Gas Distribution Corp.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leveto v. National Fuel Gas Distribution Corp., 366 A.2d 270, 243 Pa. Super. 510, 1976 Pa. Super. LEXIS 3001 (Pa. Ct. App. 1976).

Opinions

CERCONE, Judge:

This appeal questions the jurisdiction of a court of common pleas to issue an injunction against a utility company regulated by the Pennsylvania Public Utility Commission (PUC).

A PUC investigation of natural gas supplies resulted in an order to all gas service companies in February of 1972 providing, in pertinent part, that any company projecting a peak demand greater than peak supply was “prohibited from entering into any contract for serving [514]*514gas . . . .” This order was not immediately effective as to appellant National Fuel Gas (NFG), a natural gas service company, because it did not project a peak demand in excess of its peak supply.

During 1973 and 1974, appellees, who are real estate developers, were separately developing a mobile home park and a residential subdivision, and were given assurances by NFG, appellant, that it would supply natural gas to their developments. However, in December, 1974, NFG was notified of curtailments of gas Supply by its suppliers; and, in January of 1974, NFG determined that the PUC order of February, 1972 now applied. Subsequently, NFG announced that no new service connections would be made after April 1, 1975.1 Appellees, in the process of erecting new mobile and residential homes, separately filed complaints in equity with the Court of Common Pleas of Crawford County, praying that NFG be enjoined from denying them service to these new homes. NFG filed preliminary objections in each case, contending that the court was without jurisdiction, and alleging that jurisdiction was vested in the PUC. These preliminary objections were denied and, after full hearing by the lower court, orders were entered on May 27 and June 6, 1975 directing NFG to supply gas to appellees. No appeal was taken from these orders.

On July 23, 1975 the PUC issued an order to NFG which, in essence, directed it not to comply with the or[515]*515ders of the lower court. Accordingly, NFG notified appellees that no service connections would be made despite the court’s orders. Two contempt orders were then issued by the court against NFG on August 12, 1975 from which NFG and the PUC, as intervenor, now appeal.

Appellants do not challenge the finding that NFG violated the orders, but rather they attack the validity of the orders and the jurisdiction of the court which issued them. If any point of law is well settled, it is that jurisdiction over the subject matter is fundamental to a court’s authority to act. Mintz v. Mintz, 83 Pa.Super. 85 (1924); 20 Am.Jur.2d, Courts §§ 87, 93 (1965). Appellees’ contention that appellants press this point too late has no merit. Except as will be discussed below, objection to the jurisdiction of a court over the subject matter can never be lost by waiver, estoppel or consent and may be raised at any stage of the proceedings or by collateral attack. Drummond v. Drummond, 414 Pa. 548, 200 A.2d 887 (1964); Brenner v. Sukenik, 410 Pa. 324, 189 A.2d 246 (1963); Mintz v. Mintz, supra; see 9 Standard Pa. Practice, Ch. 40, § 48 (rev.ed. 1962); 10 P.L.E., Courts § 22 (1970). Lack of jurisdiction over the matter in which any order is entered is a defense in any subsequent contempt proceeding for violation of the order. As we recently stated in Roviello v. Roviello, 229 Pa.Super. 428, 323 A.2d 766 (1974):

“ [T] he court’s power to punish for contempt is limited to situations in which it has both the jurisdiction and the power or authority to render the particular decree dr order. ... In those instances where a court enters an order without authority or legal right to make such an order, it is powerless to attempt its enforcement.” Id. at 439, 323 A.2d at 770. [Citations omitted.]

Appellant NFG also seeks review of the equity adjudications on their merits. Since no appeal was tak[516]*516en from the .decrees within the thirty days provided by the Act of July 81, 1970, P.L. 673, § 502(a), 17 P.S. § 211.502(a), the matter is foreclosed. Failure to comply with the statute strips this court of jurisdiction to hear and decide the appeal. In Department of Transp. v. Brougher, 5 Pa.Cmwlth. 531, 291 A.2d 811 (1972), it was held that where an act of assembly fixes the time within which an appeal must be taken, the time may not be extended in the absence of fraud or its equivalent. Luckenbach v. Luckenbach, 443 Pa. 417, 281 A.2d 169 (1971); Washington Mall v. Board for Assessment and Revision of Taxes, 4 Pa.Cmwlth. 251, 285 A.2d 885 (1971). No such circumstances are present here, so that the merits of the two adjudications are beyond review, save as they may bear upon the only question properly before this court; that is, whether the court below had jurisdiction over these cases.

As a general proposition, Pennsylvania courts acting as courts of equity have jurisdiction over “the prevention or restraint of the commission or continuance of acts contrary to law and prejudicial to the interests of the community or the rights of individuals.” Acts of June 16, 1836, P.L. 784, § 13, and February 14, 1857, P. L. 39, § 1, 17 P.S. §§ 282-83. This statutory grant embraces the authority to hear and enjoin wrongful breaches of contract where money damages are an inadequate remedy. Reading & S. W. St. Ry. Co. v. Reading St. Ry. Co., 361 Pa. 647, 66 A.2d 260 (1949); Upholsterer's Int’l Union of N. A. v. United Furniture Workers of America, C.I.O., 356 Pa. 469, 52 A.2d 217 (1947). Thus, the court below was clearly authorized to adjudicate this matter unless some specific circumstances ousted the jurisdiction of equity.

Appellants contend that the Public Utility Law, Act of May 28, 1937, P.L. 1053, 66 P.S. § 1101 et seq. and the decisions of our courts thereunder vest jurisdiction over this matter exclusively in the PUC. In this regard they [517]*517point to Section 1341 of the Act, which grants to the PUC the general power to supervise and regulate public utilities, and to Section 1171 which requires that utility companies’ service and facilities conform to the regulations and orders of the PUC. In support of their proposition appellants cite several cases, principally, Lansdale v. Philadelphia Elec. Co., 403 Pa. 647, 170 A.2d 565 (1961). In that case, our Supreme Court ruled that the PUC, not a court of common pleas, had jurisdiction over a territorial dispute between a utility company and a municipality supplying electricity within its boundaries. It was stated therein “that the courts will not originally adjudicate matters within the jurisdiction of the PUC. Initial jurisdiction in matters concerning the relationship between public utilities and the public is in the PUC— not in the courts.” Id. at 650, 170 A.2d at 567.

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Bluebook (online)
366 A.2d 270, 243 Pa. Super. 510, 1976 Pa. Super. LEXIS 3001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leveto-v-national-fuel-gas-distribution-corp-pasuperct-1976.