United Parcel Service, Inc. v. Pennsylvania Public Utility Commission

In my view, the majority decides this appeal on issues that the appellant, United Parcel Service, Inc. (“UPS”), did not raise, and grants UPS relief that UPS did not request. I must, therefore, respectfully dissent.

This appeal arises out of the Application to Enforce Unappealed Final Decision (“Application to Enforce”) that UPS filed in the Commonwealth Court. In the Application to Enforce, UPS asserted that the Pennsylvania Public Utility Commission (“PUC”) failed to comply with the Commonwealth *318Court’s prior order in United Parcel Service, Inc. v. PUC, 789 A.2d 353 (Pa.Cmwlth.2001) (“UPS…