Charles Johnson and Laura Johnson v. Pennsylvania Public Utility Commission

Summary

The Pennsylvania Commonwealth Court reviewed Pennsylvania Public Utility Commission orders concerning its jurisdiction over claims arising from Duquesne Light’s notice and potential placement of a high-voltage transmission line near property purchased by the petitioners. The court held that the PUC lacked jurisdiction to determine Duquesne Light’s duties under common-law negligence principles regarding the timing and extent of notice. It reversed the December 21, 2023 order and vacated as moot the February 1, 2024 order denying reconsideration.

Holdings

1. The PUC lacked primary jurisdiction to determine Duquesne Light's duties under common-law negligence principles regarding the timing and extent of notice to the Johnsons and the public about the possible location of the transmission line.
2. The request for reconsideration was moot because the Commonwealth Court reversed the PUC's jurisdictional determination.

Questions Presented

1. Whether the PUC had primary jurisdiction to determine Duquesne Light's duties under Section 1501 of the Public Utility Code concerning the timing and extent of notice to property owners and the public about possible transmission-line locations when the underlying claims were common-law negligence and recklessness claims.
2. Whether the Johnsons' request for reconsideration of the PUC's jurisdictional order became moot after the Commonwealth Court resolved the jurisdiction issue.

Disposition

reversed_and_remanded