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JERSEY CITY INCIN. AUTH. v. DEPT. OF PUB. UTIL.

146 N.J. Super. 243 (1976)

369 A.2d 923

JERSEY CITY INCINERATOR AUTHORITY AND CITY OF JERSEY CITY, APPELLANTS, v. DEPARTMENT OF PUBLIC UTILITIES OF NEW JERSEY AND BOARD OF PUBLIC UTILITIES COMMISSIONERS OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 1976.

Attorney(s) appearing for the Case

Mr. Lewis M. Holland argued the cause for appellant Jersey City Incinerator Authority (Messrs. Chasan, Leyner, Holland & Tarrant, attorneys).

Mr. Michael F. Rehill argued the cause for appellants City of Jersey City and City Council of City of Jersey City (Mr. Donald J. Williamson, attorney).

Ms. Carla Vivian Bello, Deputy Attorney General, argued the cause for respondent Board of Public Utility Commissioners (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Norman A. Doyle, Jr., argued the cause for respondent Town of Kearny.

Before Judges BISCHOFF, MORGAN and E. GAULKIN.

The opinion of the court was delivered by BISCHOFF, J.A.D.

These consolidated appeals require a determination of whether the Board of Public Utilities Commissioners (PUC) has jurisdiction over a municipal incinerator authority so as to compel it to continue to operate its solid waste facility and incinerator until permission to discontinue its operation is granted by the PUC pursuant to N.J.S.A. 48:2-24.

The statutes are silent on this issue and, thus...

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