Energy Pipeline Co. v. Pennsylvania Public Utility Commission

OPINION OF THE COURT

CAPPY, Justice.

In this appeal we are faced with the question of whether a tie vote of the Pennsylvania Public Utilities Commission (PUC) can constitute a final “action” by the PUC. Because we find that a tie vote cannot constitute action, we reverse the Commonwealth Court.

This dispute has its roots in a Pipeline Construction, Natural Gas Sales and Transportation Agreement (Agreement) entered into by Energy Production Company (Energy Production), Energy Pipeline Company (Energy Pipeline), and Bethlehem Steel Corporation (Bethlehem Steel) in 1984. The Agreement provided for…