J-A16036-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
ALLEGHENY ENERGY SUPPLY : IN THE SUPERIOR COURT OF
COMPANY, LLC; AND MONONGAHELA : PENNSYLVANIA
POWER COMPANY, :
:
Appellees :
:
v. :
:
WOLF RUN MINING COMPANY, :
FORMERLY KNOWN AS ANKER WEST :
VIRGINIA MINING COMPANY, INC., :
AND HUNTER RIDGE HOLDINGS, INC., :
FORMERLY KNOWN AS ANKER COAL :
GROUP, INC., :
:
Appellants : No. 1853 WDA 2013
Appeal from the Order entered on October 24, 2013
in the Court of Common Pleas of Allegheny County,
Civil Division, No. GD 13-005047
BEFORE: DONOHUE, OTT and MUSMANNO, JJ.
MEMORANDUM BY MUSMANNO, J.: FILED AUGUST 12, 2014
Wolf Run Mining Company, formerly known as Anker West Virginia
Mining Company, Inc., and Hunter Ridge Holdings, Inc., formerly known as
declaring that Wolf Run cannot take advantage of a price renegotiation
between Wolf Run and the appellees, Allegheny Energy Supply Company,
its Opinion, the trial court declined to address the substantive issues raised
on appeal by Wolf Run, concluding that the appeal is interlocutory.
J-A16036-14
However, an order declaring the rights of the parties is immediately
appealable pursuant to 42 Pa.C.S.A. § 7532 and Pa.R.A.P. 341(b)(2).
Agreement, we conclude that the appeal is properly before this Court for
disposition.
Because this Court will address the substantive issues raised by Wolf
Run on appeal, we remand the matter to the trial court. Within thirty days
of the filing of this Memorandum, the trial court is directed to prepare and
forward to this Court an Opinion addressing the substantive issues raised on
appeal.
Case remanded for the preparation of a trial court Opinion in
accordance with this Order; Superior Court Panel jurisdiction retained.
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