PRIOR PRINTER'S NOS. 1414, 1585 PRINTER'S NO. 1911
No. 1196 Session of 1977
INTRODUCED BY MESSRS. DeWEESE, B. F. O'BRIEN, F. TAYLOR, LEHR,
GOODMAN, C. GEORGE, LEVI, McCALL, FISHER, GATSKI AND ABRAHAM,
JUNE 1, 1977
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
AUGUST 10, 1977
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
1 construction or improvement of such crossings, and to award
2 or apportion resultant costs and damages; authorizing owners
3 of such property to sue the Commonwealth for such damages;
4 providing for ejectment proceedings in connection with the
5 appropriation of property for crossings; conferring upon the
6 commission power to control and regulate budgets of public
7 utilities; imposing upon persons, associations, companies,
8 and corporations (except municipal corporations) subject to
9 regulation, the cost of administering this act; prescribing
10 and regulating practice and procedure before the commission
11 and procedure for review by the courts of commission action;
12 giving the court of common pleas of Dauphin County exclusive
13 original jurisdiction over certain proceedings; prescribing
14 penalties, fines, and imprisonment for violations of the
15 provisions of this act and regulations and orders of the
16 commission, and the procedure for enforcing such fines and
17 penalties; and repealing legislation supplied and superseded
18 by or inconsistent with this act," further providing for
19 refunds.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1, Subsection (a) of section 313, act of May 28,
23 1937 (P.L.1053, No.286), known as the "Public Utility Law,"
24 repealed in part June 3, 1971 (P.L.118, No.6), is amended to
25 read:
26 Section 313. Refunds.--(a) If, in any proceeding involving
27 rates, the commission shall determine that any rate received by
28 a public utility was unjust or unreasonable, or was in violation
29 of any regulation or order of the commission, or was in excess
30 of the applicable rate contained in an existing and effective
31 tariff of such public utility, the commission shall have the
32 power and authority to make an order requiring the public
33 utility to refund the amount of any excess paid by any patron,
34 in consequence of such unlawful collection, within [two] three <--
35 FOUR years prior to the date of the filing of the complaint, <--
36 together with interest at the legal rate from the date of each
37 such excessive payment. In making a determination under this
38 section, the commission need not find that the rate complained
39 of was extortionate or oppressive. Any order of the commission
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1 awarding a refund shall be made for and on behalf of all patrons
2 subject to the same rate of the public utility. The commission
3 shall state in any refund order the exact amount to be paid, the
4 reasonable time within which payment shall be made, and shall
5 make findings upon pertinent questions of fact.
6 * * *
7 Section 2. This act shall take effect immediately.
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