Commonwealth v. Philadelphia Suburban Water Co.

DOYLE, Judge.

This is an appeal by the Department of Environmental Resources (DER) from an order of the Environmental Hearing Board (EHB) which sustained an appeal filed by the Philadelphia Suburban Water Company (PSWC). In its order the EHB declared null and void a modification order issued by DER to PSWC’s allocation permit WA-67 and also declared null and void water allocation permit WA46693A which DER had issued to the North Wales Water Authority (NWWA).

The relevant facts are undisputed. PSWC is an investor-owned public utility. It is regulated by the Pennsylvania Public Utility Commission…