a fact sought to be established. 489 Pa. 109, 413 A.2d Norfolk and Western Ry. v. Pa. PUC, 1037 (1980); 166 A.2d 96 Erie Resistor Corp. v. Unemployment Compensation Bd. of Review, (Pa. Super. 1960); 480 Murphy v. Commonwealth, Dept. of Public Welfare, White Haven Center, A.2d 382 (Pa. Cmwlth. 1984). Section 3.10(a) provides that an order granting or denying interim emergency relief is immediately effective upon issuance by the Administrative Law Judge (ALJ) and that no stay of the order will be permitted pending Commission review of the order. 52 Pa. Code §3.10(b) requires the ALJ to certify the question of the grant or denial of relief to the Commission as a material question in accordance with 52 Pa. Code § 5.305. Disposition: 1. Whether the Right to Relief is Clear Petitioner’s For West Goshen to meet the first criteria, it need not establish entitlement as an absolute right to relief on the underlying claim. Rather, in addition to satisfying the other three elements for interim emergency relief, it must establish that the underlying claim raises substantial legal questions. 492 A.2d 776 T. W. Phillips Gas and Oil v. Peoples Natural Gas, (Pa. Cmwlth. 1985). The underlying claim in the instant case raises substantial legal questions including but not limited to: 1) whether the Settlement Agreement requires Sunoco to construct any above-ground valve station facilities in the Township within the “SPLP Use Area” unless Sunoco is unable to do so due to engineering constraints; (2) whether Sunoco gave the Township proper notice of an intent to relocate valve 344 from the SPLP Use Area to the Janiec Tract 2; (3) whether at the time of execution of the Settlement Agreement, Sunoco had plans and withheld material information about is plans for the ME2 phase pipeline; (4) whether Sunoco always intended to site Valve 344 on the Janiec 2 Tract and misrepresented this intention at the time of the Settlement Agreement; (5) whether there are engineering constraints that prevent Sunoco from constructing Valve 344 on the SPLP Use Area; (6) whether the township has the right to
a fact sought to be established. Norfolk and Western Ry. v. Pa. PUC, 489 Pa. 109, 413 A.2d 1037 (1980); Erie Resistor Corp. v. Unemployment Compensation Bd. of Review, 166 A.2d 96 (Pa. Super. 1960); Murphy v. Commonwealth, Dept. of Public Welfare, White Haven Center, 480 A.2d 382 (Pa. Cmwlth. 1984). Section 3.10(a) provides that an order granting or denying interim emergency relief is immediately effective upon issuance by the Administrative Law Judge (ALJ) and that no stay of the order will be permitted pending Commission review of the order. 52 Pa. Code §3.10(b) requires the ALJ to certify the question of the grant or denial of relief to the Commission as a material question in accordance with 52 Pa. Code § 5.305. Disposition: 1. Whether the Petitioner’s Right to Relief is Clear For West Goshen to meet the first criteria, it need not establish entitlement as an absolute right to relief on the underlying claim. Rather, in addition to satisfying the other three elements for interim emergency relief, it must establish that the underlying claim raises substantial legal questions. T. W. Phillips Gas and Oil v. Peoples Natural Gas, 492 A.2d 776 (Pa. Cmwlth. 1985). The underlying claim in the instant case raises substantial legal questions including but not limited to: 1) whether the Settlement Agreement requires Sunoco to construct any above-ground valve station facilities in the Township within the “SPLP Use Area” unless Sunoco is unable to do so due to engineering constraints; (2) whether Sunoco gave the Township proper notice of an intent to relocate valve 344 from the SPLP Use Area to the Janiec Tract 2; (3) whether at the time of execution of the Settlement Agreement, Sunoco had plans and withheld material information about is plans for the ME2 phase pipeline; (4) whether Sunoco always intended to site Valve 344 on the Janiec 2 Tract and misrepresented this intention at the time of the Settlement Agreement; (5) whether there are engineering constraints that prevent Sunoco from constructing Valve 344 on the SPLP Use Area; (6) whether the township has the right to