Summary
holding that "[w]ithout timely, express grant of reconsideration, the [Public Utility Commission] lacked authority to issue the . . . order and we [were] without jurisdiction to review it"
Summary of this case from Marth v. Unemployment Comp. Bd. of ReviewOpinion
Argued January 25, 1996.
Decided February 13, 1996.
Appeal No. 75 M.D. Appeal Dkt. 1995, from Order of Commonwealth Court entered January 9, 1995, at No. 3104 C.D. 1993 and No. 904 C.D. 1994, 653 A.2d 1336 (1995), Affirming in Part and Reversing in Part Order of Pennsylvania Public Utility Commission entered December 13, 1993, at No. 1-900005 and Remanding Case and Vacating Order of Pennsylvania Public Utility Commission entered April 8, 1994, at No. 1-900005; Doris A. Smith, Judge.
Kevin J. Moody, for Public Utility Com'n.
Alan J. Barak, Harrisburg, for The Environmentalists, Intervenor.
David M. Kleppinger, Harrisburg, Derrick P. Williamson, Harrisburg, for P.I.E. Coalition.
Jeffrey A. Franklin, Reading, for MET-ED, Intervenor.
Lauren S. McAndrews, Pittsburgh, for Allegheny Ludlum Corp., Intervenor.
Tanya J. McCloskey, Harrisburg, for Office of Consumer Advocate, Intervenor.
Dann Regan, Harrisburg, for PGA — Intervenor.
Andre C. Dasent, Philadelphia, for Citizens Action Coalition, Intervenor.
Ward L. Smith, Philadelphia, for PECO, Intervenor.
John L. Munsch, Greensburg, for West Power, Intervenor.
Stephen L. Feld, New Castle, for PA Power, Intervenor.
Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.
ORDER
Based on its opinion, the Order of the Commonwealth Court is affirmed.
NEWMAN, J., did not participate in the consideration or decision of this case.