The Pennsylvania Public Utility Commission (PUC), in a narrow 3-2 decision, has remanded the application of Laser Northeast Gathering Company, LLC, to an administrative law judge (ALJ) for a determination on whether the granting of a certificate of public convenience is necessary or proper for the service, accommodation, convenience or safety of the public (see this press release). This overturns an earlier decision of the ALJ finding that Laser Marcellus was not a public utility under Pennsylvania law, which had focused on whether the pipeline should have the power of eminent domain (see our earlier discussions here and here, e.g.).
For a copy of the relevant motion and related opinions, see here.