HOUSE AMENDED
PRIOR PRINTER'S NOS. 602, 933 PRINTER'S NO. 1274
No. 543 Session of 1985
INTRODUCED BY BELL AND STAUFFER, MARCH 12, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 27, 1985
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further defining "public utility." <--
3 UTILITY"; FURTHER PROVIDING THAT THE TRANSCRIPT OF PUBLIC <--
4 HEARINGS BE CONSIDERED PART OF THE RECORD IN PROCEEDINGS
5 BEFORE THE COMMISSION; AND PROVIDING THE PUBLIC UTILITY
6 COMMISSION WITH AUTHORITY TO ORDER ELECTRIC UTILITIES TO
7 CANCEL OR MODIFY CONSTRUCTION OF GENERATING UNITS.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definition of "public utility" in section 102
11 of Title 66 of the Pennsylvania Consolidated Statutes, amended
12 December 21, 1984 (P.L.1270, No.241), is amended to read:
13 § 102. Definitions.
14 Subject to additional definitions contained in subsequent
15 provisions of this part which are applicable to specific
16 provisions of this part, the following words and phrases when
17 used in this part shall have, unless the context clearly
18 indicates otherwise, the meanings given to them in this section:
19 * * *
1 "Public utility."
2 (1) Any person or corporations now or hereafter owning
3 or operating in this Commonwealth equipment or facilities
4 for:
5 (i) Producing, generating, transmitting,
6 distributing or furnishing natural or artificial gas,
7 electricity, or steam for the production of light, heat,
8 or power to or for the public for compensation.
9 (ii) Diverting, developing, pumping, impounding,
10 distributing, or furnishing water to or for the public
11 for compensation.
12 (iii) Transporting passengers or property as a
13 common carrier.
14 (iv) Use as a canal, turnpike, tunnel, bridge,
15 wharf, and the like for the public for compensation.
16 (v) Transporting or conveying natural or artificial
17 gas, crude oil, gasoline, or petroleum products,
18 materials for refrigeration, or oxygen or nitrogen, or
19 other fluid substance, by pipeline or conduit, for the
20 public for compensation.
21 (vi) Conveying or transmitting messages or
22 communications, except as set forth in paragraph (2)(iv),
23 by telephone or telegraph or domestic public land mobile
24 radio service including, but not limited to, point-to-
25 point microwave radio service for the public for
26 compensation.
27 (vii) Sewage collection, treatment, or disposal for
28 the public for compensation.
29 (2) The term "public utility" does not include:
30 (i) Any person or corporation, not otherwise a
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1 public utility, who or which furnishes service only to
2 himself or itself.
3 (ii) Any bona fide cooperative association which
4 furnishes service only to its stockholders or members on
5 a nonprofit basis.
6 (iii) Any producer of natural gas not engaged in
7 distributing such gas directly to the public for
8 compensation.
9 (iv) Any person or corporation, not otherwise a
10 public utility, who or which furnishes mobile domestic
11 cellular radio telecommunications service.
12 (3) For the purposes of sections 2702 (relating to
13 construction, relocation, suspension and abolition of
14 crossings), 2703 (relating to ejectment in crossing cases),
15 2704 (relating to compensation for damages occasioned by
16 construction, relocation or abolition of crossings), and
17 those portions of sections 1501 (relating to character of
18 service and facilities), 1505 (relating to proper service and
19 facilities established on complaint) and 1508 (relating to
20 reports of accidents), as those sections or portions thereof
21 relate to safety only, a municipal authority or
22 transportation authority organized under the laws of this
23 Commonwealth shall be considered a public utility when it
24 owns or operates, for the carriage of passengers or goods by
25 rail, a line of railroad composed of lines formerly owned or
26 operated by the Pennsylvania Railroad, the Penn-Central
27 Transportation Company, the Reading Company OR the <--
28 Consolidated Rail Corporation. or the Philadelphia Suburban <--
29 Transportation Company.
30 * * *
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1 SECTION 2. SECTION 332(D) OF TITLE 66 IS AMENDED TO READ: <--
2 § 332. PROCEDURES IN GENERAL.
3 * * *
4 (D) RECORD, BRIEFS AND ARGUMENT.--THE TRANSCRIPT OF A PUBLIC
5 INPUT HEARING, THE TRANSCRIPT OF TESTIMONY AND EXHIBITS,
6 TOGETHER WITH ALL PAPERS AND REQUESTS FILED IN THE PROCEEDING,
7 CONSTITUTES THE EXCLUSIVE RECORD FOR DECISION, AND SHALL BE
8 AVAILABLE FOR INSPECTION BY THE PUBLIC. BRIEFING AND ORAL
9 ARGUMENT SHALL BE HELD IN ACCORDANCE WITH RULES ESTABLISHED BY
10 THE COMMISSION. FOR THE PURPOSE OF THIS SECTION, A PUBLIC INPUT
11 HEARING IS A HEARING HELD IN THE SERVICE AREA AT WHICH THE
12 RATEPAYERS MAY OFFER TESTIMONY, WRITTEN OR OTHERWISE, RELATING
13 TO ANY MATTER WHICH HAS A BEARING ON THE PROCEEDING.
14 * * *
15 SECTION 3. TITLE 66 IS AMENDED BY ADDING A SECTION TO READ:
16 § 520. POWER OF COMMISSION TO ORDER CANCELLATION OR
17 MODIFICATION OF CONSTRUCTION OF ELECTRIC GENERATING
18 UNITS.
19 (A) GENERAL RULE.--THE COMMISSION SHALL ORDER ANY PUBLIC
20 UTILITY ENGAGED IN PRODUCING, GENERATING, TRANSMITTING,
21 DISTRIBUTING OR FURNISHING ELECTRICITY TO CANCEL OR MODIFY THE
22 CONSTRUCTION OF, OR ITS PARTICIPATION IN THE CONSTRUCTION OF,
23 ANY GENERATING UNIT WHERE THE COMMISSION, AFTER NOTICE AND AN
24 OPPORTUNITY FOR HEARING, DETERMINES THAT THE CONSTRUCTION IS NOT
25 IN THE PUBLIC INTEREST. IN ADDITION TO ANY OTHER RELEVANT
26 MATTERS, THE COMMISSION SHALL CONSIDER IN ITS DETERMINATION
27 WHETHER:
28 (1) THE GENERATING UNIT IS NECESSARY FOR THE UTILITY TO
29 PROVIDE ADEQUATE AND RELIABLE SERVICE TO THE PUBLIC.
30 (2) THERE ARE LESS COSTLY ALTERNATIVES BY WHICH THE
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1 UTILITY COULD MAINTAIN ITS ABILITY TO PROVIDE ADEQUATE AND
2 RELIABLE SERVICE.
3 (B) INVESTIGATIONS AND HEARINGS.--FOR THE PURPOSE OF
4 ENABLING THE COMMISSION TO MAKE ITS DETERMINATION, IT MAY HOLD
5 HEARINGS, MAKE INQUIRIES AND REQUIRE THE SUBMISSION OF
6 INFORMATION WHICH IT DEEMS NECESSARY OR PROPER IN ENABLING IT TO
7 REACH A DETERMINATION. THE BURDEN OF PROOF AT THESE HEARINGS TO
8 SHOW THAT CONSTRUCTION OF THE GENERATING UNIT IS IN THE PUBLIC
9 INTEREST SHALL BE ON THE PUBLIC UTILITY.
10 (C) REGULATORY TREATMENT OF COSTS.--NOTWITHSTANDING ANY
11 OTHER PROVISIONS OF THIS TITLE, FOR A GENERATING UNIT CANCELED
12 AFTER THE EFFECTIVE DATE OF THIS SECTION, EITHER VOLUNTARILY OR
13 BY COMMISSION ORDER, AN ELECTRIC UTILITY MAY BE PERMITTED TO
14 RECOVER A RETURN OF, BUT NOT A RETURN ON, PRUDENTLY INCURRED
15 COSTS ON ANY PARTIALLY COMPLETED FACILITY WHEN CANCELLATION IS
16 FOUND BY THE COMMISSION TO BE IN THE PUBLIC INTEREST. THE BURDEN
17 OF PROOF TO SHOW THAT ANY COSTS CLAIMED WERE PRUDENTLY INCURRED
18 SHALL BE ON THE PUBLIC UTILITY.
19 Section 2 4. (a) The act of January 22, 1968 (P.L.42, <--
20 No.8), known as the Pennsylvania Urban Mass Transportation Law,
21 is repealed insofar as it is inconsistent with this act.
22 (b) All other acts and parts of acts are repealed insofar as
23 they are inconsistent with this act.
24 Section 3. This act shall take effect in 60 days. <--
25 SECTION 5. (A) SECTIONS 1, 2 AND 4 OF THIS ACT SHALL TAKE <--
26 EFFECT IN 60 DAYS.
27 (B) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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