York v. Public Utility Commission

Opinion by

Judge Mencer,

In Northern Pennsylvania Power Company v. Pennsylvania Public Utility Commission, 333 Pa. 265, 5 A. 2d 133 (1939), it was held that a public utility company has the right to sell its property or to enter into a merger with another company, subject only to restraint if against the public interest. The Court in that case approved the concept that a public utility corporation may manage its own affairs to the fullest extent consistent with the protection of the public interest and that the Public Utility Commission may not function as a board of directors or managers to…