Thursday, August 25, 2011

Pennsylvania Public Utility Commission Clarifies Their June 2011 "Public Utility" Determination Regarding Laser Northeast Gathering Co.'s Proposed Service

Having denied two petitions for reconsideration of their June 2011 determination that Laser Northeast Gathering Co.'s proposed service was a "public utility" service, the Pennsylvania Public Utility Commission voted 4-1 (Commissioner James H. Cawley's dissenting statement here) to clarify and further define the parameters used to determine Laser's qualification as providing a "public utility." The new clarification relied on an existing Commission policy statement and applicable case law.
Separately, Commissioner Cawley requested issuance of a Secretarial Letter asking the parties involved in the case to address questions and concerns relating to the issue on remand: whether granting a certificate of public convenience was "necessary or proper for the service, accommodation, convenience of safety of the public" under the Public Utility Code.

For more on the June 2011 Order, please see the Agricultural Law Center's June Agricultural Law Brief.

Written/Posted by Tanya J. Cramoy, Research Assistant

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