Opinion
Argued September 10, 1971
November 9, 1971.
Public Utility Code, Act 1937, May 28, P. L. 1053 — Specific exceptions — Fatal procedural error.
1. Failure to specifically set forth errors or exceptions to the decision of the Pennsylvania Public Utility Commission upon appeal from such decision is in violation of the procedural requirements for appeal set forth in the Public Utility Code, Act 1937, May 28, P. L. 1053 and is a fatal defect. [391-2]
Judge MANDERINO concurs in the decision only.
Argued September 10, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.
Appeals, Nos. 409 C.D. 1971 and 415 C.D. 1971, from the Orders of the Pennsylvania Public Utility Commission, Docket No. A. 95845 in case of Application of Pennsylvania Power Light Company for Certificate of Public Convenience for the construction of a transmission line over and across land of Scientific Living, Inc., in Benton and Greenfield Townships, Lackawanna County.
Application for Certificate of Public Convenience filed with Pennsylvania Public Utility Commission. Application granted. Protestants appealed to the Commonwealth Court of Pennsylvania. Held: Appeal dismissed.
Ervin Hohensee and Thelma Tompkins, In Propria Persona, for appellants in 409 C.D. 1971.
Gene Basalyga and Mildred Hohensee, In Propria Persona, for appellants in 415 C. D. 1971.
Edward Munce, Acting Counsel, for appellee.
Gennaro D. Caliendo, with him Vincent Butler, for intervening appellee, Pennsylvania Power Light Company.
The Public Utility Commission by order dated May 3, 1971, rejected appellants' applications for a further hearing on an award of a Certificate of Public Convenience for the construction of an electric transmission line over certain lands title to which is in dispute. The Commission determined that the transmission line was necessary or proper for the service, accommodation, convenience or safety of the public. Appellants here, claiming to have an interest in the land involved, requested the Commission to reopen the proceedings so that additional evidence might be produced. When their notices of appeal were filed they failed to set forth their exceptions to the Commission's decision. This procedural error is fatal to their cause.
Section 1101(b) of the Public Utility Code, Act of May 28, 1937, P. L. 1053, 66 P. S. § 1431 requires that all appeals from orders of the Commission specifically set forth the errors of the Commission. The appellants have not complied with this statutory requirement. When proceedings governing rights of appeal in public utility cases are statutorily prescribed, they must be strictly pursued. Hyam Associates, Inc., v. Pennsylvania P.U.C., 199 Pa. Super. 3, 184 A.2d 414 (1962). Having failed to do so, we enter the following:
Section 508(e) of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. ___, No. 223, 17 Pa.C.S.A. § 211.508 (e) provides that the jurisdiction of the Superior Court specified in Section 1101(b) above, is transferred to and vested in the Commonwealth Court.
ORDER
AND NOW, this 9th day of November, 1971, (1) the appeal of Ervin Hohensee, Thelma Tompkins and Scientific Living, Inc., numbered 409 C.D. 1971, from the order of the Pennsylvania Public Utility Commission is dismissed; and (2) the appeal of Gene Basalyga, Mildred Hohensee and Scientific Living, Inc., numbered 415 C.D. 1971, from the order of the Pennsylvania Public Utility Commission is dismissed.
Judge MANDERINO concurs in decision only.