Fairview Water Co. v. Pennsylvania Public Utility Commission

Opinion by

Judge Craig,

Section 322 of the Business Corporation Law (the BCL)1 mandates that, before a public utility corporation may exercise the power of eminent domain, it *629must file an application with, the Pennsylvania Public Utility Commission (PUC) for a finding and determination that the service which the utility plans to furnish is “necessary or proper for the service, accommodation, convenience or safety of the public.”2 In this appeal from the PUC’s grant of a certificate of public convenience to Pennsylvania Power & Light Company (PP&L) under section 322, Fairview Water Company…