Waltman v. Pennsylvania Public Utility Commission

In Waltman v. Pennsylvania Public Utility Commission, 142 Pa. Commw. 44, 596 A.2d 1221 (Pa. Cmwlth. 1991), our court addressed an application to provide high capacity, nonswitched, dedicated circuits to a limited portion of the public. Our court found that the test for "public utility" and the phrase "for the public" was as follows: Whether or not such person holds himself out, expressly or impliedly, as engaged in the business of supplying his product or service to the public, as a class, or to any limited portion of it, as contradistinguished from holding himself out as serving or ready to serve only particular individuals. Id., 596 A.2d at 1223. The Court further found that the "public" consisted of large commercial end-users and held as follows: The applicants concede and the commission acknowledged that large volume users, including commercial entities and other common carriers, will probably be the only entities able to utilize the applicants' services. Although those businesses comprise a limited portion of the public, nothing in the record suggests that the applicants will limit their services to a select group of individuals. Rather, the record shows that the applicants' services are available to any prospective customer who has a need for and request them. Hence, substantial evidence supports the commission's pertinent factual findings. Id., 596 A.2d at 1225.