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  5. 29 Pa.Commw. 368 (1977)
 

APPLICATION OF DEPARTMENT OF TRANSP.

No. 1054 C.D. 1976.

29 Pa.Commw. 368 (1977)

Application of the Department of Transportation of the Commonwealth of Pennsylvania for approval of the alteration of the crossing where State Highway Route 67045, Section 9 (Vine Street Expressway) crosses above the grade of the tracks of the Broad Street Subway in the City of Philadelphia, and the allocation of the costs and expenses incident. Pennsylvania Public Utility Commission, Commonwealth of Pennsylvania v. Commonwealth of Pennsylvania, Pennsylvania Department of Transportation, Appellant; Philadelphia Electric Company, Intervening Appellee; Bell Telephone Company of Pennsylvania, Intervening Party Appellee; City of Philadelphia, Intervening Party Appellant.

Commonwealth Court of Pennsylvania.

March 23, 1977.

Attorney(s) appearing for the Case

Louis G. Cocheres, Assistant Attorney General, with him Herbert G. Zahn, Assistant Attorney General, and Robert W. Cunliffe, Deputy Attorney General, for appellant.

Candace N. Kreiger, Assistant Counsel, with her Edward J. Morris, Counsel, and John B. Wilson, Assistant Counsel, for appellee.

R.B. Kunkel, with him Raymond F. Scully, for intervening appellee, Bell Telephone Company.

Rudolph A. Chillemi, with him Edward G. Bauer, Jr., and Eugene J. Bradley, for intervening appellee, Philadelphia Electric Company.

Argued February 1, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, March 23, 1977:

The Pennsylvania Department of Transportation (PennDOT) has appealed to this Court from a denial by the Pennsylvania Public Utility Commission (PUC) of its petition "for a clarification and modification of orders." The intervening appellees1 have filed motions to quash the appeal as having been untimely taken.

In 1972, PennDOT filed an application with the PUC which requested its approval...

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