No. 25-7614October Term 2025Before Arguments
Orpheus Hanley, et ux., Petitioners v. Pennsylvania Public Utility Commission
from the Supreme Court of Pennsylvania, Western District.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the Supreme Court of Pennsylvania, Western District.
Question presented
1. Whether the Supremacy Clause and federal preemption principles are violated when a state utility commission mandates the installation of an advanced metering device without an affirmative customer request, in conflict with federal statutes — including the Public Utility Regulatory Policies Act of 1978 (PURPA), the Energy Policy Act of 2005 (EPAct) — and with state statues such as the Pennsylvania Electricity Generation Customer Choice and Competition Act (Act 138 of 1996, amended by Act 129 of 2008) (“ Customer Choice Act ”) that require customer initiation. 2. Whether compelling installation of smart meters without customer consent or request, and replacing statutory “ customer choice ” requirements with “ opt-out ” or “ opt-in ” schemes, violates constitutional protections under the Fourth, Fifth, Ninth, and Fourteenth Amendments by presuming consent, denying refusal rights, authorizing physical intrusions and privacy-invasive data collection, and depriving consumers of meaningful process or judicial review. 3. Whether the lack of uniformity in state regulatory interpretations and enforcement of federal metering statutes undermines national consistency in energy policy and consumer protections, warranting Supreme Court intervention to resolve conflicting decisions and restore uniform federal standards.
- Case path
Supreme Court of Pennsylvania, Western District / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
This case asks whether Pennsylvania's utility regulator can require smart-meter installation even when a customer did not ask for it. The petition says that mandate conflicts with federal and state energy laws and violates constitutional protections tied to privacy, consent, and due process (fair legal procedures).
Argument
No oral argument is scheduled yet. The petition says Pennsylvania mandated smart-meter installation without an affirmative customer request, creating conflicts with federal and state law and raising Fourth, Fifth, Ninth, and Fourteenth Amendment claims.
Impact
The fight could affect utility customers who do not want advanced meters installed at their homes or businesses. It also could shape how much freedom states have to run smart-meter programs when federal energy rules and customer-choice language point in a different direction.
What is the core dispute in Hanley v. Pennsylvania Public Utility Commission?
The petition challenges Pennsylvania's requirement that customers accept smart meters even if they did not request them. Petitioners say that conflicts with federal and state statutes and several constitutional protections.
Who could be affected if the Court takes this smart-meter case?
Utility customers, regulators, and power companies could all be affected. The case could influence meter-installation rules, consumer refusal rights, and privacy concerns tied to data collection.
What happens next in Hanley v. Pennsylvania Public Utility Commission?
The Supreme Court must decide whether to hear the case. No oral argument is scheduled yet, and no decision window is listed.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology