HIKO Energy v. PA PUC - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT HIKO ENERGY, LLC, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent : No. 314 EAL 2017 : : : Petition for Allowance of Appeal from : the Order of the Commonwealth Court : : : : : : : ORDER PER CURIAM AND NOW, this 13th day of December, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are: (1) Whether the $1,836,125.00 penalty was so grossly disproportionate to the penalties the Commission has approved for similar or more egregious conduct as to violate the Excessive Fines Clause of the Pennsylvania and U.S. Constitutions. (2) Whether the $1,836,125.00 penalty impermissibly punished HIKO for litigating the complaint for a civil penalty instead of settling it. (3) Whether the Commission abused its discretion in imposing an unprecedented civil penalty, which was not supported by substantial evidence.

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