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MONESSEN SOUTHWESTERN RY. v. PA. PUB. UTIL.

507 Pa. 586 (1985)

493 A.2d 666

MONESSEN SOUTHWESTERN RAILWAY COMPANY, Appellee, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. Appeal of LOCALS 1666 AND 1676 OF UNITED TRANSPORTATION UNION AND LOCAL 3403 OF UNITED STEELWORKERS OF AMERICA, Appellant. MONESSEN SOUTHWESTERN RAILWAY COMPANY, Appellee, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant.

Supreme Court of Pennsylvania.

Decided June 4, 1985.

Attorney(s) appearing for the Case

Charles F. Hoffman, Chief Counsel, Daniel P. Delaney, Dep. Chief Counsel, Louis G. Cocheres, Asst. Counsel, Harrisburg, for Pennsylvania Public Utility Com'n.

Herbert G. Zahn, Harrisburg, for Penndot.

David J. Armstrong, Stephen M. Houghton, Dickie, McCamey & Chilcote, Pittsburgh, for Monessen Southwestern Railway Co.

Thomas P. Shearer, Pittsburgh, for Locals 1666 and 1676 of the United Transportation Union and Local 3403 of the United Steel Workers of America.

Before NIX, C.J., and FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

ZAPPALA, Justice.

Appellee, Monessen Southwestern Railway Company, under charter powers granted in 1912, has been engaged in railroad operations as a common carrier under the regulation of Appellant, the Pennsylvania Public Utility Commission, to be hereafter referred to as the Commission. Appellee applied to the Commission for a certificate of public convenience to cease operation as a regulated carrier...

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