On October 11, 2018, the Commonwealth Court of Pennsylvania (“Court”) vacated the Pennsylvania Public Utility Commission (“PUC”) Order approving the acquisition of the wastewater system assets of New Garden Township and New Garden Sewer Authority (collectively “New Garden”) by Aqua Pennsylvania Wastewater, Inc. (“Aqua”).[1]  Aqua’s Application sought PUC approval of the acquisition, a Certificate of Public Convenience to furnish wastewater service to customers in and around the service territory of New Garden, and, approval of a rate base predicated on the acquisition price, rate commitments and transaction costs.[2]
Continue Reading Commonwealth Court Requires Reexamination of PA Monetization Deal

McNees attorney Steve Matzura recently covered for the McNees Energy and Environmental User Blog the proposal by the Susquehanna River Basin Commission (SRBC) of a new rule that would expand the scope of its current authority over projects that withdraw and use water in Pennsylvania, Maryland, and New York. Per Steve’s analysis:

The proposal would

A recent decision by the Pennsylvania Public Utility Commission (“PUC” or “Commission”) confirms that Pennsylvania public utilities with combined sewer systems (i.e., systems that collect both sewage and stormwater) may incorporate stormwater charges in their service charges.  While some public utilities have already been incorporating stormwater collection charges in their sewage rates, not all

Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target – municipally owned water and wastewater systems.  Pennsylvania legislation over the last few years has provided considerable financial and regulatory incentives for this unprecedented growth. These companies are no longer waiting for municipalities