Supreme Court of Pennsylvania

FirstEnergy PA Electric Co., Aplt. v. PUC

January 8, 2026

Summary

The Supreme Court of Pennsylvania vacated the Commonwealth Court’s affirmation of the Pennsylvania Public Utility Commission’s order and remanded for further proceedings, holding that the PUC exceeded its statutory authority by adopting FCC pole‑attachment regulations and improperly shifting the burden of proof to FirstEnergy. The Court found the PUC’s adoption of the New Telecom Rate presumption unlawful and required the lower court to reconsider the matter consistent with this opinion.