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MIDDLETOWN TWP. v. PA. P.U.C.

Nos. 786 C.D. 1983 and 912 C.D. 1983.

85 Pa.Commw. 191 (1984)

Middletown Township, Petitioner v. Pennsylvania Public Utility Commission, Respondent. The Newtown Artesian Water Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

September 21, 1984.

Attorney(s) appearing for the Case

Marcel L. Groen, for petitioner, Middletown Township.

D. Mark Thomas, with him, Charles E. Thomas, Thomas & Thomas, for petitioner/intervenor, The Newtown Artesian Water Company.

Charles F. Hoffman, Chief Counsel, with him, Barbara S. Kahoe, Assistant Counsel, Louise A. Knight, Deputy Chief Counsel, for respondent.

William E. Zeiter, Morgan, Lewis & Bockius, for Amicus Curiae, National Association of Water Companies, Pennsylvania Chapter.

Argued June 6, 1984, before Judges WILLIAMS, JR., BARRY and BLATT, sitting as a panel of three.

OPINION BY JUDGE BARRY, September 21, 1984:

Before us are two petitions for review of an order of the Pennsylvania Public Utility Commission (Commission) adopted February 4, 1983, and entered February 23, 1983, (docketed at No. A-0010154).

On June 23, 1977, Middletown Township (Township) located in Bucks County, filed an application with the Commission for a certificate of public convenience as a necessary part of its effort to acquire that part of the water...

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