Norfolk Southern Railway Co. v. Public Utility Commission
50 A.3d 123, 616 Pa. 470, 2012 WL 3091073, 2012 Pa. LEXIS 1694
This text of 50 A.3d 123 (Norfolk Southern Railway Co. v. Public Utility Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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Norfolk Southern Railway Co. v. Public Utility Commission, 50 A.3d 123, 616 Pa. 470, 2012 WL 3091073, 2012 Pa. LEXIS 1694 (Pa. 2012).
Opinion
ORDER
AND NOW, this 31st day of July 2012, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:
(1) Did the Commonwealth Court depart from accepted judicial practice or abuse its discretion when the court ignored the plain language of Section 2704(a) of the Public Utility Code, 66 Pa.C.S. § 2704(a), and held that where “a railroad pays to operate on a rail line but has no ownership interest in or maintenance responsibility for the rail line or facilities at a crossing, it is not a ‘concerned party5 subject to allocation under Section 2704(a)?
(2) Has the Commonwealth Court departed from accepted judicial practice or abused its discretion by following the exception, rather than the rule, and citing City of Chester v. Pa. Public Utility Commission, 798 A.2d 288 (Pa.Cmwlth.2002) to carve out a narrow “ownership” requirement solely for railroads to be a party under § 2704(a), when no other public utility is held to the same standard?
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Related
City of Chester v. Pennsylvania Public Utility Commission
798 A.2d 288 (Commonwealth Court of Pennsylvania, 2002)
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Bluebook (online)
50 A.3d 123, 616 Pa. 470, 2012 WL 3091073, 2012 Pa. LEXIS 1694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norfolk-southern-railway-co-v-public-utility-commission-pa-2012.