A Hearing Under Section 510(C) of the Public Utility Code
In Mercury Trucking, Inc. v. Pennsylvania Public Utility Commission, 923 A.2d 1244 (Pa. Cmwlth. 2007), the Court held that a challenge to the Commission's decision on an assessment "must be brought as an action at law" in our original jurisdiction. Id. at 1247.
The Court concluded that there is no appellate review of a Commission decision rendered as a result of a hearing conducted under Section 510(c) of the Public Utility Code. Id.
Section 510(c) provides in relevant part as follows:
(c) Notice, hearing and payment. - the commission shall give notice by registered or certified mail to each public utility of the amount lawfully charged against it under the provisions of this section, which amount shall be paid by the public utility within 30 days of receipt of such notice, unless the commission specifies on the notices sent to all public utilities an installment plan of payment. . . .
Within 15 days after receipt of such notice, the public utility against which such assessment has been made may file with the commission objections setting out in detail the grounds upon which the objector regards such assessment to be excessive, erroneous, unlawful or invalid.
The commission, after notice to the objector, shall hold a hearing upon such objections.
After such hearing, the commission shall record upon its minutes its findings on the objections and shall transmit to the objector, by registered or certified mail, notice of the amount, if any, charged against it in accordance with such findings, which amount or any installment thereof then due, shall be paid by the objector within ten days after receipt of notice of the findings of the commission with respect to such objections. 66 Pa. C.S. 510(c).