PGW v. Pa. PUC, Pet of: SBG Mgt. Srvcs.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

PHILADELPHIA GAS WORKS : No. 21 EAL 2020 : :

v. : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court

PENNSYLVANIA PUBLIC UTILITY : COMMISSION PETTITON OF: SBG : MANAGEMENT SERVICES, ET AL. :

ORDER

PER CURIAM

AND NOW, this 23rd day of June, 2020, the Petition for Allowance of Appeal is

GRANTED. The issue, rephrased for clarity, is:

(1) Whether the Commonwealth Court misinterpreted 53 Pa.C.S. § 7106(b), and whether the decision conflicts with the Superior Court’s decision in Equitable Gas Co. v[.] Wade, 812 A.2d 715 (Pa. Super. 2002), where that court held that a municipal lien arising out of delinquent bills for natural gas service constitutes a judgment, such that after a lien is docketed, Philadelphia Gas Works (PGW) may only charge the customer the statutory interest rate applicable to judgments (6%) (see 42 Pa.C.S. § 8101; 41 P.S. § 202), rather than its tariff rate on late payments that have not been reduced to judgment (18%).