PRINTER'S NO. 1424
No. 1283 Session of 1993
INTRODUCED BY NYCE, TRELLO, BARLEY, TIGUE, MIHALICH, GERLACH,
BATTISTO, TOMLINSON, SEMMEL, RUBLEY, ROONEY, LEH, BUNT,
ADOLPH, HUTCHINSON, L. I. COHEN, HARLEY, FREEMAN, RAYMOND,
MUNDY, ULIANA, D. W. SNYDER, PLATTS AND M. N. WRIGHT,
APRIL 21, 1993
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 21, 1993
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further defining "public utility."
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. The definition of "public utility" in section 102
6 of Title 66 of the Pennsylvania Consolidated Statutes is amended
7 to read:
8 § 102. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this part which are applicable to specific
11 provisions of this part, the following words and phrases when
12 used in this part shall have, unless the context clearly
13 indicates otherwise, the meanings given to them in this section:
14 * * *
15 "Public utility."
16 (1) Any person or corporations now or hereafter owning
1 or operating in this Commonwealth equipment or facilities
2 for:
3 (i) Producing, generating, transmitting,
4 distributing or furnishing natural or artificial gas,
5 electricity, or steam for the production of light, heat,
6 or power to or for the public for compensation.
7 (ii) Diverting, developing, pumping, impounding,
8 distributing, or furnishing water to or for the public
9 for compensation.
10 (iii) Transporting passengers or property as a
11 common carrier.
12 (iv) Use as a canal, turnpike, tunnel, bridge,
13 wharf, and the like for the public for compensation.
14 (v) Transporting or conveying natural or artificial
15 gas, crude oil, gasoline, or petroleum products,
16 materials for refrigeration, or oxygen or nitrogen, or
17 other fluid substance, by pipeline or conduit, for the
18 public for compensation.
19 (vi) Conveying or transmitting messages or
20 communications, except as set forth in paragraph (2)(iv),
21 by telephone or telegraph or domestic public land mobile
22 radio service including, but not limited to, point-to-
23 point microwave radio service for the public for
24 compensation.
25 (vii) Sewage collection, treatment, or disposal for
26 the public for compensation.
27 (2) The term "public utility" does not include:
28 (i) Any person or corporation, not otherwise a
29 public utility, who or which furnishes service only to
30 himself or itself.
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1 (ii) Any bona fide cooperative association which
2 furnishes service only to its stockholders or members on
3 a nonprofit basis.
4 (iii) Any producer of natural gas not engaged in
5 distributing such gas directly to the public for
6 compensation.
7 (iv) Any person or corporation, not otherwise a
8 public utility, who or which furnishes mobile domestic
9 cellular radio telecommunications service.
10 (3) For the purposes of sections 2702 (relating to
11 construction, relocation, suspension and abolition of
12 crossings), 2703 (relating to ejectment in crossing cases)
13 and 2704 (relating to compensation for damages occasioned by
14 construction, relocation or abolition of crossings) and those
15 portions of sections 1501 (relating to character of service
16 and facilities), 1505 (relating to proper service and
17 facilities established on complaint) and 1508 (relating to
18 reports of accidents), as those sections or portions thereof
19 relate to safety only, a municipal authority or
20 transportation authority organized under the laws of this
21 Commonwealth shall be considered a public utility when it
22 owns or operates, for the carriage of passengers or goods by
23 rail, a line of railroad composed of lines formerly owned or
24 operated by the Pennsylvania Railroad, the Penn-Central
25 Transportation Company, the Reading Company or the
26 Consolidated Rail Corporation.
27 (4) The term "public utility" includes an entity,
28 otherwise a public utility under this definition, that is a
29 lessor providing service to its tenants only.
30 * * *
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1 Section 2. This act shall take effect in 60 days.
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