Pennsylvania Power Co. v. Township of Pine

*1254CONCURRING AND DISSENTING OPINION BY

Judge McGINLEY.

The majority concludes, and I agree that Pine Township did not have the authority to require Penn Power to install its main distribution feeder line underground. I do not agree that this case should be vacated and transferred to the Commission. Instead, the trial court must be reversed and the matter remanded to the trial court to remand to Pine Township for issuance of a street opening permit to Penn Power.

This case was commenced when Penn Power filed a street opening permit with Pine Township in order to place five wooden poles for an…