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ALJ Denies Municipal Aggregation Request Seeking Declaratory Judgement
Excerpts from the Pennsylvania Commission’s Administrative law Judge (ALJ) Initial Decision:
“A group of boroughs filed a petition for declaratory judgment seeking an order that would approve a proposed opt-out municipal aggregation program. This decision dismisses the petition and denies the associated motion for partial judgment on the pleadings. The boroughs failed to demonstrate that either judgment on the pleadings or declaratory judgment in their favor was appropriate.”
As background, “On June 20, 2024, the Boroughs of Carlisle, Hatboro, Lansdowne, Media, Narberth, State College and Swarthmore (the Boroughs) petitioned the Public Utility Commission asking the Commission to issue a declaratory order “to remove uncertainty concerning the lawfulness under Pennsylvania law and Commission precedent of the establishment by each Borough of a Community Choice Aggregation (CCA) program.” (Petition). Notice of the Petition was published in the July 6, 2024, Pennsylvania Bulletin.
PUC ALJ in an initial decision would deny a petition from the Boroughs of Camp Hill, Carlisle, Hatboro, Lansdowne, Media, Narberth, State College, and Swarthmore which had asked the PUC to hold, via a declaratory judgment, that the opt-out nature of their proposed municipal aggregation will not constitute “slamming” and will not violate Public Utility Code Section 2807(d)(1).
If parties do not agree with any part of this decision, they may send written comments (called Exceptions) to the Commission. The signed Exceptions to the decision, if any, must be: 1) filed with the Secretary of the Commission, and 2) within twenty (20) days of the date of this letter.
Initial Decision (03/28/2025)
Initial Decision Letter (03/28/2025)
(Petition by Pennsylvania Burroughs For Declaratory Ruling Re: Opt-out Municipal Aggregations)
