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YORK v. PUBLIC UTILITY COMMISSION

Appeal No. 25 C.D. 1971.

3 Pa.Commw. 270 (1971)

York v. Public Utility Commission.

Commonwealth Court of Pennsylvania.

September 14, 1971.

Attorney(s) appearing for the Case

Spencer R. Liverant, with him Liverant, Senft & Cohen, George M. Elsesser, Jr., David W. Bupp, City Solicitor, and Jack H. Barton, City Solicitor, for appellants.

Walter L. Foulke, Deputy Attorney General, with him J. Shane Creamer, Attorney General, for intervening appellant.

Dominic J. Ferraro, Assistant Counsel, with him Edward Munce, Acting Counsel, for appellee.

Charles E. Thomas, with him Jack F. Aschinger, Metzger, Hafer, Keefer, Thomas & Wood, and Theodore F. Prophy, for intervening appellees.

Argued May 5, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE MENCER, September 14, 1971:

In Northern Pennsylvania Power Company v. Pennsylvania Public Utility Commission, 333 Pa. 265, 5 A.2d 133 (1939), it was held that a public utility company has the right to sell its property or to enter into a merger with another company, subject only to restraint if against the public interest. The Court in that case approved the concept that a public utility corporation may manage its own affairs to the fullest...

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