*1 IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

ALDERWOODS (PENNSYLVANIA), INC., : No. 30 WAP 2017 A WHOLLY OWNED SUBSIDIARY OF :

SERVICE CORPORATION : Appeal from the Order of the INTERNATIONAL, T/A BURTON L. : Commonwealth Court entered May 10, HIRSCH FUNERAL HOME, : 2017 at No. 693 MD 2016.

:

Appellant : : : v. : : : PENNSYLVANIA PUBLIC UTILITY :

COMMISSION, THE HONORABLE :

GLADYS M. BROWN, CHAIRMAN, THE :

HONORABLE ANDREW G. PLACE, VICE :

CHAIRMAN, THE HONORABLE JOHN F. :

COLEMAN, JR., COMMISSIONER, THE :

HONORABLE ROBERT F. POWELSON, :

COMMISSIONER, THE HONORABLE :

DAVID W. SWEET, COMMISSIONER, :

AND DUQUESNE LIGHT COMPANY, :

:

Appellees : CONCURRING STATEMENT JUSTICE BAER DECIDED: AUGUST 3, 2017

I join the decision of the Court insofar as it rejects the filing of a case in the Commonwealth Court’s original jurisdiction and a direct appeal therefrom as a way to bring an appellate issue properly subject to discretionary consideration before this Court as of right.

I write separately to express serious doubt as to whether the trial court and Public Utility Commission (PUC) were correct in having the PUC determine the utility ’s *2 liability in this case. That issue has nothing to do with the PUC’s expertise as a regulator of utilities. Indeed, the question of liability strikes me as a typical one that trial courts and juries in this Commonwealth answer every day. Thus, if this case was properly before the Court, my inclination would be to reverse.

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