BEFORE: HONORABLE DAN PELLEGRINI, President JudgeHONORABLE BERNARD L. McGINLEY, JudgeHONORABLE BONNIE BRIGANCE LEADBETTER, JudgeHONORABLE ROBERT SIMPSON, JudgeHONORABLE P. KEVIN BROBSON, JudgeHONORABLE PATRICIA A. McCULLOUGH, JudgeHONORABLE ANNE E. COVEY, JudgeOPINION BYPRESIDENT JUDGE PELLEGRINI
FILED: July 26, 2012Before this Court are preliminary objections filed by theCommonwealth of Pennsylvania, Pennsylvania Public Utility Commission(Commission),
(collectively, the Commonwealth) in response to a petitionfor review filed by Robinson Township,
While the majority of the
panel voted to grant Petitioners’ Motion for Summary
Relief regarding Counts I-III, because of a recusal, the vote of the remaining commissioned judges on those Counts resulted in a tie, requiring that this opinion be filed pursuant to Section256(b) of the Internal Operating Procedures of the Commonwealth Court. 210Pa. Code §67.29(b).
The other Respondents are: Robert F. Powelson, in his official capacity as Chairman of the Public Utility Commission; Office of the Attorney General of the Commonwealth of Pennsylvania; Linda L. Kelly, in her official capacity as Attorney General of the Commonwealthof Pennsylvania; Pennsylvania Department of Environmental Protection (DEP); and Michael L.Krancer, in his official capacity as Secretary of the Department of Environmental Protection.
The other Petitioners are: Washington County, Pennsylvania; Brian Coppola (Coppola),individually and in his Official Capacity as Supervisor of Robinson Township; Township of Nockamixon, Bucks County, Pennsylvania; Township of South Fayette, Allegheny County,Pennsylvania; Peters Township, Washington County, Pennsylvania; David M. Ball (Ball),individually and in his Official Capacity as Councilman of Peters Township; Township of Cecil,Washington County, Pennsylvania; Mount Pleasant Township, Washington County, Pennsylvania;Borough of Yardley, Bucks County, Pennsylvania; Delaware Riverkeeper Network; Maya VanRossum (Van Rossum), the Delaware Riverkeeper; and Mehernosh Khan, M.D. (Dr. Khan).