PPL Electric Utilities Corp. v. City of Lancaster and PA PUC

DISSENTING OPINION BY

President Judge PELLEGRINI.

The City of Lancaster (City), a home rule municipality,1 enacted Chapter 263 of the City Code entitled “Right of Way Management” imposing certain requirements on entities whose facilities occupy the City’s right-of-way, including public utilities. The issue in this case is whether the Public Utility Code2 preempts local municipalities from including public utilities in a comprehensive management plan that seeks to regulate the occupation of the public right-of-way between the varying public and private interests whose facilities occupy the…