Poorbaugh v. Pennsylvania Public Utility Commission

666 A.2d 744, 1995 Pa. Commw. LEXIS 444
CourtCommonwealth Court of Pennsylvania
DecidedOctober 6, 1995
StatusPublished
Cited by15 cases

This text of 666 A.2d 744 (Poorbaugh v. Pennsylvania Public Utility Commission) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Poorbaugh v. Pennsylvania Public Utility Commission, 666 A.2d 744, 1995 Pa. Commw. LEXIS 444 (Pa. Ct. App. 1995).

Opinions

KELLEY, Judge.

James G. Poorbaugh appeals from an order of the Pennsylvania Public Utility Commission (PUC) which (1) granted in part and denied in part Poorbaugh’s exceptions to the initial decision of an administrative law judge (ALJ) dismissing a formal complaint filed by Poorbaugh against West Penn Power Company (West Penn); and (2) adopted the initial decision of the ALJ as the action of the PUC to the extent that it was consistent with the PUC’s opinion and order.1 We vacate the order of the PUC and remand this case for proceedings in accordance with this opinion.

On January 7, 1992, Poorbaugh filed in the Court of Common Pleas of Fayette County (trial court) a complaint against West Penn in which he sought to recover damages sustained in a barn fire. Poorbaugh alleged that the fire was caused by West Penn’s negligence in supplying an overvoltage of electricity. West Penn filed preliminary objections to the complaint and sought its dismissal, claiming that the trial court lacked subject matter jurisdiction over the matter. In the alternative, West Penn sought a more specific pleading.

By order dated March 3, 1992, the trial court granted West Penn’s preliminary objections and transferred to the PUC those issues relating to alleged violations of the standards of utility service under the Public Utility Code (Utility Code).2 The trial court retained jurisdiction of Poorbaugh’s suit for monetary damages but stayed that proceeding pending the PUC’s determination on the issues of utility service.

On February 3,1993, Poorbaugh filed a formal complaint with the PUC alleging as follows: (1) his barn was destroyed by fire on June 17,1991; (2) in the late evening of June 16, 1991, a West Penn 25 kilovolt (kV) sub-transmission line fell onto a West Penn 12.5 kV line causing an interruption of electrical service to Poorbaugh’s farm for several hours; (3) when West Penn restored power, its equipment failed, resulting in an arcing of electricity which led to the fire; and (4) West Penn violated the National Electrical Safety Code3 (NESC) by using inappropriate elec[746]*746trical transmission wire for service to his farm, by “splicing” the transmission wire to such an extent as to cause irrevocable damage, by failing to properly inspect, test and maintain the transmission wire and by failing to provide protective devices in the event of overvoltage on the 12.5 kV line. In November 1993, hearings were held before an ALJ. The ALJ made the following findings of fact.

West Penn supplied electrical service to Poorbaugh’s farm via a 12.5 kV distribution circuit. The distribution circuit extended to a transformer on Poorbaugh’s farm. West Penn owned the transformer and the pole on which it was located. A service wire owned by West Penn extended from its transformer to a weatherhead which was located on a meter pole on Poorbaugh’s farm. Poorbaugh owned the meter pole and the facilities thereon, except for the meter. Electrical service wires extended from the meter pole to Poor-baugh’s barn. West Penn did not own or maintain these service wires. For approximately three miles, the 25 kV subtransmission line is located on some of the same poles as, and in a position above, the 12.5 kV distribution circuit.

On June 16, 1991, a storm occurred in the area of the overbuild of the 25 kV subtrans-mission line and 12.5 kV distribution circuit. As a result of the storm, the subtransmission line and the distribution circuit came into contact with each other. Electricity going to Poorbaugh’s farm was interrupted. Following the creation of an overcurrent along the 12.5 kV distribution circuit, three protection/control devices (reclosers) failed. These reclosers were located on the same distribution line that serviced Poorbaugh’s barn.

On the evening of June 16, 1991, Poor-baugh’s farm was without electrical service. Early in the morning of June 17, electrical service was restored to the farm. A few hours later, Poorbaugh’s father, who lived on the farm, saw that the barn was on fire. He also saw insulation falling off of the electrical lines which ran from the pole next to the house to the barn. The barn was completely destroyed by the fire. The barn fire was not caused by smoking, accelerants, chemicals, spontaneous combustion of hay, lightning or milking equipment.

West Penn employees repaired the downed 25 kV subtransmission line by splicing it and adding wire. The employees could not recall if the 25 kV line had been spliced before their arrival and how many splices were in the line following their repair work.

As a result of the fire, wires from the meter pole to the barn lay on the ground and the transformer was damaged, although the transformer pole had not been damaged by the fire. The transformer removed from Poorbaugh’s farm was manufactured in 1960. West Penn transformers of a certain vintage are considered to have core loss and are scrapped automatically. West Penn had no policy of examining transformers periodically to determine their age. In 1991, West Penn also had no program to test distribution lightning arresters located on transformers to determine whether they were functioning properly. The purpose of a lightning arres-ter on a transformer is to drain off high voltage coming through a line to the transformer.

Prior to the fire, Poorbaugh had not experienced any electrical problems in the barn. In October 1988 and June 1990, West Penn had alerted its customers about the need for surge protection. Poorbaugh did not recall receiving any surge protection information from West Penn.

Based on the above facts, the ALJ concluded that (1) the PUC had jurisdiction over the parties and the subject matter of this proceeding; (2) West Penn had not violated Section 1501 of the Utility Code,4 PUC regul[747]*747ations5 or the NESC6 by creating multiple line splices on the 25 kV subtransmission line; (3) Poorbaugh had not met his burden of proving that West Penn had violated section 57.18(a) of the PUC’s regulations, 52 Pa.Code § 57.18(a), because West Penn had no policy for testing lightning arresters or for inspecting and testing transformers7; (4) West Penn had provided sufficient testimony to establish that it did alert customers to the need for surge protection; (5) neither Poor-baugh nor West Penn had produced sufficient evidence to establish the origin of the fire; and (6) Poorbaugh had failed to meet his burden of proving that West Penn did not supply him with reasonable, adequate and sufficient electric service before the barn fire. Accordingly, the ALJ dismissed Poorbaugh’s complaint.

Poorbaugh filed several exceptions to the ALJ’s decision with the PUC8 taking exception to the ALJ’s findings of facts and conclusions of law.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

C. Johnson & L. Johnson v. PA PUC
Commonwealth Court of Pennsylvania, 2025
Brookview Solar I, LLC v. Mount Joy Twp. Bd. of Supers.
Commonwealth Court of Pennsylvania, 2023
New Garden Twp. v. Artesian Resources Corp., Inc.
Commonwealth Court of Pennsylvania, 2019
Arnold, L. v. Kaposy, R.
Superior Court of Pennsylvania, 2016
Erie Insurance Exchange Ex Rel. Sullivan v. Pennsylvania Insurance Department
133 A.3d 102 (Commonwealth Court of Pennsylvania, 2016)
Alderwoods (Pennsylvania), Inc. v. Duquesne Light Co.
52 A.3d 347 (Superior Court of Pennsylvania, 2012)
Pettko v. Pennsylvania-American Water Co.
15 Pa. D. & C.5th 565 (Washington County Court of Common Pleas, 2010)
Bean v. Department of State, State Board of Funeral Directors
855 A.2d 148 (Commonwealth Court of Pennsylvania, 2004)
Vertis Group, Inc. v. Pennsylvania Public Utility Commission
840 A.2d 390 (Commonwealth Court of Pennsylvania, 2003)
Gasparro v. Pennsylvania Public Utility Commission
814 A.2d 1282 (Commonwealth Court of Pennsylvania, 2003)
Ciamaichelo v. Independence Blue Cross
814 A.2d 800 (Commonwealth Court of Pennsylvania, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
666 A.2d 744, 1995 Pa. Commw. LEXIS 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poorbaugh-v-pennsylvania-public-utility-commission-pacommwct-1995.