Real Estate Development Projects and the PUC

October 18, 2012
Brett E. Slensky
The Legal Intelligencer

The nature of a particular utility service as private or public is an issue that comes up from time to time in the context of certain development projects. The distinction is important because the implication when falling on the public side of the line is that public utilities are subject to regulation by the Pennsylvania Public Utility Commission, whereas private utility services are not. Examples of where this issue may deserve some scrutiny include (1) privately constructed power-generating sources that are operated and maintained by the developer or another third party, which provide power to one or multiple buildings in a business or industrial park, and (2) privately constructed wastewater treatment plants that provide wastewater treatment services to development(s) in an area where a local sewer connection may not exist.

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