PRINTER'S NO. 727
No. 659 Session of 1997
INTRODUCED BY M. N. WRIGHT, HENNESSEY, SEMMEL, WALKO, OLASZ,
THOMAS, MELIO, YOUNGBLOOD, TRAVAGLIO, ROBERTS, BELARDI,
STEELMAN, HALUSKA, ITKIN, TRELLO, JAMES AND LAUGHLIN,
FEBRUARY 28, 1997
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 28, 1997
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further defining "public utility" to
3 include municipal sewer and water authorities; and making a
4 repeal.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "public utility" in section 102
8 of Title 66 of the Pennsylvania Consolidated Statutes, amended
9 December 3, 1996 (P.L.802, No.138), is amended to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this part which are applicable to specific
13 provisions of this part, the following words and phrases when
14 used in this part shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Public utility."
18 (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 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.
19970H0659B0727 - 2 -
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 (v) Any building or facility owner/operators who
11 hold ownership over, and manage the internal distribution
12 system serving, such building or facility and who supply
13 electric power and other related electric power services
14 to occupants of the building or facility.
15 (vi) Electric generation supplier companies except
16 for the limited purposes as described in sections 2809
17 (relating to requirements for electric generation
18 suppliers) and 2810 (relating to revenue neutral
19 reconciliation).
20 (3) For the purposes of sections 2702 (relating to
21 construction, relocation, suspension and abolition of
22 crossings), 2703 (relating to ejectment in crossing cases)
23 and 2704 (relating to compensation for damages occasioned by
24 construction, relocation or abolition of crossings) and those
25 portions of sections 1501 (relating to character of service
26 and facilities), 1505 (relating to proper service and
27 facilities established on complaint) and 1508 (relating to
28 reports of accidents), as those sections or portions thereof
29 relate to safety only, a municipal authority or
30 transportation authority organized under the laws of this
19970H0659B0727 - 3 -
1 Commonwealth shall be considered a public utility when it
2 owns or operates, for the carriage of passengers or goods by
3 rail, a line of railroad composed of lines formerly owned or
4 operated by the Pennsylvania Railroad, the Penn-Central
5 Transportation Company, the Reading Company or the
6 Consolidated Rail Corporation.
7 (4) Municipal sewer and water authorities.
8 * * *
9 Section 2. The act of May 2, 1945 (P.L.382, No.164), known
10 as the Municipality Authorities Act of 1945, is repealed insofar
11 as it is inconsistent with this act.
12 Section 3. This act shall take effect in 60 days.
B6L66JS/19970H0659B0727 - 4 -