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PENNSYLVANIA, ETC. v. PENNSYLVANIA GAS

492 Pa. 326 (1980)

424 A.2d 1213

PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant v. PENNSYLVANIA GAS AND WATER COMPANY, (WATER DIVISION), Appellee. CITY OF SCRANTON et al. v. PENNSYLVANIA GAS AND WATER COMPANY, (WATER DIVISION). PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant, v. PENNSYLVANIA GAS AND WATER COMPANY — WATER DIVISION, Appellee. Office of Consumer Advocate and Pennsylvania Attorney General, Intervenors.

Supreme Court of Pennsylvania.

Decided February 1, 1980.

Rearguments Denied February 18 and 27, 1981.

Attorney(s) appearing for the Case

Dominic J. Ferraro, George M. Kashi, Michael P. Kerrigan, Joseph J. Malatesta, Jr., Harrisburg, for appellant.

Chas. E. Thomas, D. Mark Thomas, Patricia Armstrong, Harrisburg, W. Boyd Hughes, James J. Ligi, Wm. J. Purcell, Scranton, for appellees.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO and LARSEN, JJ.

OPINION

NIX, Justice.

These two appeals present this Court with the troublesome issue of the correct standard to be employed by the Public Utility Commission (PUC) in fulfilling its legislative mandate to "ascertain and fix the fair value of the whole or any part of the property of any public utility." Act of May 28, 1937, P.L. 1053, art. III, § 311, 66 P.S. § 1151 (1958)1 ...

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