PECO Energy Co. v. Township of Upper Dublin

OPINION BY

Judge SIMPSON.

In this appeal, we are asked to determine whether Upper Dublin Township (Township) has the authority to regulate the manner in which a public utility trims shade trees within the Township’s public rights-of-way. The Montgomery County Common Pleas Court (trial court) granted PECO Energy Company’s (PECO) motion for judgment in mandamus. It held the Township possesses no authority to regulate PECO’s vegetation management practices, which fall within the Public Utility Code’s 1 definition of “utility service” and are solely regulated by the Pennsylvania Public Utility…