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Jonathan S. McAnney


Chair, Risk Management Group

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Tucker Arensberg Adds New Utilities Practice Group

Tucker Arensberg, PC announced the formation of a Utilities Practice Group. Tucker Arensberg has a long history of representing public utilities in Pennsylvania and our services include the following:

Commercial Litigation:

Public Utilities in Pennsylvania are frequently the targets of angry Plaintiffs in the context of commercial litigation claims.  Such claims may involve alleged breach of contract matters or other alleged harm caused to a customer or non-customer of that utility.  Utilities must also seek Court intervention periodically in order to enforce contractual rights when other parties infringe on those rights.  Tucker Arensberg has handled such matters before the Public Utility Commission (‘PUC’), in trial courts and on appeal.

Personal Injury Defense Litigation:

Claims and lawsuits against utilities are brought with a high rate of frequency. Aerial wires, cables, poles, motor vehicles and sidewalk or parking lot tripping hazards are objects that may give rise to personal injury claims against a utility. Tucker Arensberg attorneys have handled all such claims ranging from minor slip and fall incidents to catastrophic injury and death claims against utilities. Tucker Arensberg has handled these cases both at the trial level and on appeal.

Real Estate Litigation:

For many decades, Tucker Arensberg has advised utilities with regard to eminent domain and right of way matters and other land use matters.  We have negotiated and recovered money damages and increased value payments for utilities affected by eminent domain takings.

Third-Party Property Damage Claims:

Responding to damage incidents involving utility property requires a significant expenditure of time and resources for the utility.  The Pennsylvania Public Utility Commission mandates that utilities have a program to recover from persons or entities that have caused damage to their facilities.   Our firm has assisted in the recovery of property damage costs in aerial and underground damage claims.  

Public Utility Commission Consumer Complaints:

Utility companies are often the targets of customer complaints filed with the Pennsylvania Public Utility Commission. Our firm has successfully handled many matters before the Commission on a broad range of disputes ranging from reliability and safety issues to billing concerns. Common issues include alleged overbilling, termination of service, application of tariff provisions, meter-related problems, vegetation control, theft of service, the operation of the utility’s equipment and a variety of other issues that arise in the field.  

Employment/Workers Compensation Claims:

For many years, our firm has defended utilities involved in Worker’s Compensation and Federal Black Lung litigation.  We have also successfully represented utility companies, and many employers in other industries, in wrongful discharge and employment discrimination matters.  

Tax Audit Representation:

Utilities operating in Pennsylvania are routinely confronted with audits of Pennsylvania Gross Receipts Tax, Pennsylvania Sales and Use Tax and Pennsylvania Corporate Net Income Tax. Our firm has successfully handled many audits and appeals and has also developed tax planning strategies that allow our clients to take advantage of the recent tax law changes.

We feel that our skills and experience in these areas enable our firm to provide the highest quality of service to clients in these areas.

For additional information contact Jon McAnney.

June 12, 2017

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