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WEST PENN POWER CO. v. PA. P.U.C. ET AL.

No. 1855 C.D. 1979.

57 Pa.Commw. 148 (1980)

West Penn Power Company, Petitioner v. Pennsylvania Public Utility Commission, Pennsylvania Rural Electric Association and Central Electric Cooperative, Inc., Respondents.

Commonwealth Court of Pennsylvania.

November 13, 1980.

Attorney(s) appearing for the Case

Franklin L. Morgal, with him Drew J. Kovalk, for petitioner.

John F. Povilaitis, Assistant Counsel, with him Shirley Rae Don, Deputy Chief Counsel, and George M. Kashi, Chief Counsel, for respondent, Pennsylvania Public Utility Commission.

William E. Mowatt, with him Miles R. Lynn, Jr., and Anthony C. Adonizio, for respondent, Pennsylvania Rural Electric Association.

Argued September 11, 1980, before Judges BLATT, CRAIG and MacPHAIL, sitting as a panel of three. Reargued February 3, 1981, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, CRAIG, MacPHAIL, WILLIAMS, JR. and PALLADINO.

OPINION BY JUDGE BLATT, November 13, 1980:

The petitioner, West Penn Power Company (West Penn), appeals here from a determination by the Pennsylvania Public Utility Commission (Commission) that West Penn extended electric service to a new customer outside of its certified territory and that it encroached upon the territory of the respondent, Central Electric Cooperative, Inc. (Central Electric).

Territory disputes between electric utilities in unincorporated...

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