PRINTER'S NO. 852

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 761 Session of 1977


        INTRODUCED BY WILLIAMS, WHITE, STAPLETON, DOYLE, DiCARLO,
           RHODES, BROWN, MILLER, WISE, HARPER, M. H. GEORGE, SCIRICA
           AND LAUGHLIN, MARCH 28, 1977

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 28, 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
    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," requiring the commission
    18     to mandate the development of certain plans by utilities to
    19     effectuate a reduction in energy use by all customers.

    20     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22     Section 1.  The act of May 28, 1937 (P.L.1053, No.286), known
    23  as the "Public Utility Law," is amended by adding a section to
    24  read:
    25     Section 905.1.  Energy Reduction Plans.--(a)  Every public
    26  utility shall develop a detailed plan to include methods of
    27  implementation which will promote and effectuate a reduction in
    28  energy use on the part of all utility users.
    29     (b)  The commission shall require the initiation of the
    30  process referred to in subsection (a) within thirty days after
    31  the effective date of this act.
    32     (c)  The commission shall require public hearings on the
    33  energy reduction plans to be held by each utility within one
    34  hundred twenty days of written demand to hold same by the
    35  commission.
    36     Section 2.  This act shall take effect immediately.


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