and, therefore, was subject to regulation as a public utility by officer or agency of the “an Sunoco avers that the court could not consider whether it qualified as a United States.” public utility corporation due to regulation by the Commission at that time because Sunoco had not yet proposed to provide intrastate service. Id. CAC In its Replies to Exceptions, CAC avers that the ALJs correctly found that proposed Mariner East pipeline service does not meet the definition of public Sunoco’s utility service under Section 102 of the Code. CAC R. Exc. at 4. CAC contends that assertion that it plans to use a small amount of propane, specifically 5,000 Sunoco’s barrels out of the capacity of over 70,000 barrels for potential distribution pipeline’s daily to Pennsylvania consumers, when its pipeline is primarily designed to provide interstate service for eventual shipping to foreign markets, is insufficient to permit Sunoco to transform its project into public utility service for Pennsylvanians. at 5. CAC states Id. that Amended Petitions do not contain any statements that affirmatively Sunoco’s indicate any change in the primary purpose of the proposed project, nor do they contain any statements indicating that propane delivered to the Twin Oaks facility would definitely be delivered to Pennsylvania customers. at 5-6. Id. CAC believes that Petitions were because they Sunoco’s “artfully phrased,” stated that 5,000 barrels of propane would initially be delivered to the Twin Oaks facility, from which point it is possible that propane could then be delivered through third party distributors intrastate to Pennsylvania residents. at 6 (citing Amended Petitions at 2). Id. CAC also believes that, based on statements, it is equally possible that 5,000 Sunoco’s barrels might be temporarily stored at Twin Oaks and later shipped to other states or to international markets. CAC asserts that language in its Exceptions is also broad Sunoco’s and vague, as it attempts to argue that proposed project will be for the public Sunoco’s
and, therefore, was subject to regulation as a public utility by “an officer or agency of the United States.” Sunoco avers that the court could not consider whether it qualified as a public utility corporation due to regulation by the Commission at that time because Sunoco had not yet proposed to provide intrastate service. Id. CAC In its Replies to Exceptions, CAC avers that the ALJs correctly found that Sunoco’s proposed Mariner East pipeline service does not meet the definition of public utility service under Section 102 of the Code. CAC R. Exc. at 4. CAC contends that Sunoco’s assertion that it plans to use a small amount of propane, specifically 5,000 barrels out of the pipeline’s daily capacity of over 70,000 barrels for potential distribution to Pennsylvania consumers, when its pipeline is primarily designed to provide interstate service for eventual shipping to foreign markets, is insufficient to permit Sunoco to transform its project into public utility service for Pennsylvanians. Id. at 5. CAC states that Sunoco’s Amended Petitions do not contain any statements that affirmatively indicate any change in the primary purpose of the proposed project, nor do they contain any statements indicating that propane delivered to the Twin Oaks facility would definitely be delivered to Pennsylvania customers. Id. at 5-6. CAC believes that Sunoco’s Petitions were “artfully phrased,” because they stated that 5,000 barrels of propane would initially be delivered to the Twin Oaks facility, from which point it is possible that propane could then be delivered through third party distributors intrastate to Pennsylvania residents. Id. at 6 (citing Amended Petitions at 2). CAC also believes that, based on Sunoco’s statements, it is equally possible that 5,000 barrels might be temporarily stored at Twin Oaks and later shipped to other states or to international markets. CAC asserts that Sunoco’s language in its Exceptions is also broad and vague, as it attempts to argue that Sunoco’s proposed project will be for the public
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