Public Advocate v. Philadelphia Gas Commission

OPINION

CASTILLE, Justice.

The issue before this Court is whether the fixed annual $18,000,000 payment by the Philadelphia Gas Works (“PGW”) to the City of Philadelphia (“City”), as required by a 1972 City ordinance, is constitutional and can be included in the calculation of PGW’s rate increase for fiscal year 1991-92. For the reasons expressed below, we believe this payment is constitutional, and therefore, we reverse the order of the Commonwealth Court which remanded this matter to the Philadelphia Gas Commission (“Gas Commission”) to re-calculate PGW’s rate increase request for the 1991-92…