Diamond Energy, Inc. v. Pennsylvania Public Utility Commission

I respectfully dissent. I believe that the Pennsylvania Public Utility Commission’s (PUC) denial of Diamond Energy Inc.’s (Diamond) request for an oral hearing prior to PUC action on Metropolitan Edison Company’s (MeU-Ed) application deprived Diamond of its procedural due process rights.1 Accordingly, I would vacate the PUC’s approval of Met-Ed’s application and remand this case for a proper hearing.

The Majority has reached a contrary result because it concludes that (1) the plain language of the statute does not mandate an oral hearing, and (2) case law allows a paper hearing where there are…