Popowsky v. Pennsylvania Public Utility Commission (2004)

To the contrary, giving precision to what otherwise may be characterized as an open-ended statute is a proper exercise of the PUC's responsibility. 853 A.2d at 1107-08 (footnote omitted).

Comm’n, 853 A.2d 1097, 1106-07 (Pa. Cmwlth. 2004) (en banc), affirmed, 589 Pa. 605 , 910 A.2d 38 (2006).

In Popowsky v. Pennsylvania Public Utility Commission, 853 A.2d 1097, 1106-1107 (Pa. Cmwlth. 2004), appeal granted, 582 Pa. 667 , 868 A.2d 454 (2005), the Court cited Teledyne Columbia-Summerill Carnegie v. Unemployment Compensation Board of Review, 634 A.2d 665 (Pa. Cmwlth. 1993), for the proposition that the PUC just "like any other agency, cannot ignore or fail to apply its own regulations, and those persons subject to the agency's regulation are also bound." Because the …

Comm’n, 853 A.2d 1097, 1107-08 (Pa. Cmwlth. 2004) (en banc) (“The [Public Utility Commission], like any other agency, cannot ignore or fail to apply its own regulations, and those persons subject to the agency’s regulation are also bound.”), aff’d, 910 A.2d 38 (Pa. 2006); Teledyne Columbia-Summerill Carnegie v. Unemployment Comp.

Popowsky v. Pennsylvania Public Utility Commission, 853 A.2d 1097, 1110 (Pa.Cmwlth.2004).

See Popowsky v. Pennsylvania Public Utility Commission, 853 A.2d 1097 (Pa.Cmwlth.2004). 8 Because subsection (c) to 52 Pa.Code § 33.128 does not apply to the entire Subchapter C, it does not have the authority under this provision to waive the 22 foot clearance absent an application from the railroad. 9 Just because the PUC under it own regulations is required to impose an overhead clearance of 22 feet unless the railroad seeks an exemption does not necessarily mean that the…