Legal Opinion

Barasch v. Pennsylvania Public Utility Commission

Supreme Court of Pennsylvania

Decided October 15, 1987No. 33 W.D. Appeal Docket 1986, 34 W.D. Appeal Docket, 1986PublishedCited by 58 opinions

1Opinion of the Court

OPINION

NIX, Chief Justice.

Before us are two consolidated appeals questioning the right of a public utility to recover certain costs from its ratepayers. We are called upon to decide whether section 1315 of the Public Utility Code (“Code”), 66 Pa.C.S. § 1315, bars an electric utility from amortizing costs incurred in connection with plant-construction projects which were can-celled prior to completion, and whether, if the statute must be so read, it violates constitutional safeguards. We must also determine whether vacant land, purportedly held by a utility company “for future use,” is…

2Cases cited76 opinions

  1. Plyler v. DoeSupreme Court of the United States · 1982
  2. F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
  3. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  4. Smyth v. AmesSupreme Court of the United States · 1898
  5. Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945

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3Cited by58 opinions

  1. Commonwealth v. RiveraSuperior Court of Pennsylvania · 2010
  2. Duquesne Light Co. v. BaraschSupreme Court of the United States · 1989
  3. Phoenixville Hospital v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2013
  4. Kohl v. New Sewickley Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2015
  5. In re Wabash Valley Power Ass'nCourt of Appeals for the Seventh Circuit · 1995

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