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PA Bulletin, Doc. No. 22-1957



Petition of the Borough of Delaware Water Gap for a Declaratory Order Regarding the Provision of Water Service to 42 Customers Located in Smithfield Township; Doc. No. P-2022-3036755

[52 Pa.B. 7801]
[Saturday, December 17, 2022]

 The Borough of Delaware Water Gap (Borough) has petitioned the Pennsylvania Public Utility Commission (Commission) for a declaratory order under 52 Pa. Code § 5.42 (relating to petitions for declaratory orders) to remove uncertainty involving the Borough's provision of water service to 42 customers located in Smithfield Township (Smithfield). Smithfield is located outside of the Borough's municipal limits but in close proximity to Borough boundaries and a water line running underground along Cherry Valley Road. The Borough seeks a finding from the Commission that providing water service to the Smithfield customers located outside Borough boundaries does not constitute public utility service under 66 Pa.C.S. § 102 (relating to definitions) and is not subject to the Commission's jurisdiction.

 In accordance with 52 Pa. Code §§ 5.61—5.66 (relating to answers), answers and petitions to intervene must be filed and served on or before 20 days after this notice is published in the Pennsylvania Bulletin, and replies must be filed and served on or before 40 days after this notice is published in the Pennsylvania Bulletin.

 Filings must be made with the Secretary of the Pennsylvania Public Utility Commission, 400 North Street, 2nd Floor, Harrisburg, PA 17120, with a copy served on counsel for the Borough. Electronic filing and service is available by obtaining a free eFiling account with the Secretary of the Commission through the Commission's eFiling system at The documents filed relative to the Borough's petition are available for inspection and copying at the Commission's Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday. Additionally, the documents may be viewed and downloaded on the Commission's web site at

Petitioner: Borough of Delaware Water Gap

By and Through Counsel for the Petitioner: Thomas Wyatt, Esquire (PA ID 89342) and Sydney N. Melillo (PA ID 328031), Obermayer Rebmann Maxwell & Hippel, LLP, Centre Square West, 1500 Market Street, Suite 3400, Philadelphia, PA 19102, (215) 665-3000,,


[Pa.B. Doc. No. 22-1957. Filed for public inspection December 16, 2022, 9:00 a.m.]

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