Legal Opinion

In Re a Proposed Extension of the Operations of Delaware Power & Light Co.

Superior Court of Delaware

Decided August 24, 1953No. 53PublishedCited by 4 opinions

1Opinion of the Court

Caret, J.:

Briefly stated, this appeal presents three questions for decision: (1) Does a municipally owned utility have standing to complain before the Commission of an encroachment by a privately owned utility upon territory already served by the former? (2) Must a privately owned utility obtain a certificate of convenience and necessity before extending its services into a territory already served by a municipally owned utility, but outside the municipal limits? (3) Was the Commission justified in dismissing the present complaint without any hearing or investigation into the facts, where the…

2Cases cited2 opinions

  1. Springfield Gas & Electric Co. v. City of SpringfieldIllinois Supreme Court · 1920
  2. Monacelli v. GrimesSupreme Court of Delaware · 1953

3Cited by4 opinions

  1. Delmarva Power & Light Co. v. City of SeafordSupreme Court of Delaware · 1990
  2. Delmarva Enterprises, Inc. v. Mayor & Coun. of DoverSupreme Court of Delaware · 1971
  3. Alabama Power Co. v. Southern Pine Electric CooperativeSupreme Court of Alabama · 1959
  4. Constellation New Energy, Inc. v. Public Service CommissionSuperior Court of Delaware · 2003

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