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PUC Adopts ALJ Order Dismissing Borough’s Motion For Partial Judgement
The Commission adopts the initial decision of Administrative Law Judge (ALJ) Mary D. Long’s decision issued on March 28, 2025.
“In this order, the motion for partial judgment on the pleadings by the Boroughs of Camp Hill, Carlisle, Hatboro, Lansdowne, Media, Narberth, State College and Swarthmore are denied as they have “failed to show cause why the petition for declaratory judgment should not be dismissed.”
The order noted that the boroughs are seeking municipal aggregation in a normal circumstance, rather than in an energy emergency such as the one in the Pike County decision. As a result, there is not a need for an exception to the current rules that prevent the boroughs from establishing an opt-out aggregation program.
Chairman DeFrank’s Statement on the reiterated that the boroughs’ request was outside the scope of PAPUC jurisdiction, and it would be up to the legislature to permit opt-out municipal aggregation. In this statement, he said that the PAPUC “cannot provide relief or facilitate policies that are misaligned with the Public Utility Code.”
