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FAIRVIEW WATER CO. v. PA. P.U.C.

No. 2897 C.D. 1983.

83 Pa.Commw. 627 (1984)

Fairview Water Company, Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

July 12, 1984.

Attorney(s) appearing for the Case

Joseph J. Malatesta, Jr., Malatesta & Hawke, for petitioner.

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

David J. Dulick, for intervenor, Pennsylvania Power & Light Company.

Argued May 1, 1984, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR., CRAIG, MacPHAIL, DOYLE, BARRY and COLINS.

OPINION BY JUDGE CRAIG, July 12, 1984:

Section 322 of the Business Corporation Law (the BCL)1 mandates that, before a public utility corporation may exercise the power of eminent domain, it must file an application with the Pennsylvania Public Utility Commission (PUC) for a finding and determination that the service which the utility plans to furnish is "necessary or proper for...

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