PRINTER'S NO. 3048
No. 2381 Session of 1978
INTRODUCED BY BROWN, REED, ZWIKL, ZITTERMAN, TRELLO, ABRAHAM,
MISCEVICH, RAVENSTAHL, LOGUE, NOVAK, SCHMITT, WISE AND
KUKOVICH, APRIL 12, 1978
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 12, 1978
AN ACT
1 Amending the act of May 28, 1937 (P.L.1053, No.286), entitled
2 "An act relating to the regulation of public utilities;
3 defining as public utilities certain corporations, companies,
4 associations, and persons; providing for the regulation of
5 public utilities, including, to a limited extent,
6 municipalities engaging in public utility business, by
7 prescribing, defining, and limiting their duties, powers, and
8 liabilities, and regulating the exercise, surrender or
9 abandonment of their powers, privileges, and franchises;
10 defining and regulating contract carriers by motor vehicle
11 and brokers in order to regulate effectively common carriers
12 by motor vehicle; conferring upon the Pennsylvania Public
13 Utility Commission the power and duty of supervising and
14 regulating persons, associations, companies, and
15 corporations, including, to a limited extent, municipal
16 corporations subject to this act, and administering the
17 provisions of this act; authorizing the commission to fix
18 temporary rates; placing the burden of proof on public
19 utilities to sustain their rates and certain other matters;
20 authorizing a permissive or mandatory sliding scale method of
21 regulating rates; providing for the supervision of financial
22 and contractural relations between public utilities and
23 affiliated interests, and supervision and regulation of
24 accounts and securities or obligations issued, assumed, or
25 kept by persons, associations, companies, corporations or
26 municipal corporations subject to this act; conferring upon
27 the commission power to vary, reform, or revise certain
28 contracts; conferring upon the commission the exclusive power
29 to regulate or order the construction, alteration,
30 relocation, protection, or abolition of crossings of
31 facilities of public utilities, and of such facilities by or
32 over public highways, to appropriate property for the
33 construction or improvement of such crossings, and to award
1 or apportion resultant costs and damages; authorizing owners
2 of such property to sue the Commonwealth for such damages;
3 providing for ejectment proceedings in connection with the
4 appropriation of property for crossings; conferring upon the
5 commission power to control and regulate budgets of public
6 utilities; imposing upon persons, associations, companies,
7 and corporations (except municipal corporations) subject to
8 regulation, the cost of administering this act; prescribing
9 and regulating practice and procedure before the commission
10 and procedure for review by the courts of commission action;
11 giving the court of common pleas of Dauphin County exclusive
12 original jurisdiction over certain proceedings; prescribing
13 penalties, fines, and imprisonment for violations of the
14 provisions of this act and regulations and orders of the
15 commission, and the procedure for enforcing such fines and
16 penalties; and repealing legislation supplied and superseded
17 by or inconsistent with this act," providing for electric
18 utility rate increase denial in certain circumstances.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The act of May 28, 1937 (P.L.1053, No.286), known
22 as the "Public Utility Law," is amended by adding a section to
23 read:
24 Section 308.1. Denial of Rate Increase.--No electric utility
25 shall be granted a rate increase if the Auditor General's Office
26 and the commission have determined that said electric utility
27 has a fuel over-charge owed to the consumers of said utility.
28 Section 2. This act shall take effect immediately.
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