PRINTER'S NO. 1203

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1049 Session of 1975


        INTRODUCED BY DOMBROWSKI AND TAYLOR, APRIL 16, 1975

        REFERRED TO COMMITTEE ON CONSUMER PROTECTION, APRIL 21, 1975

                                     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
    34     or apportion resultant costs and damages; authorizing owners
    35     of such property to sue the Commonwealth for such damages;


     1     providing for ejectment proceedings in connection with the
     2     appropriation of property for crossings; conferring upon the
     3     commission power to control and regulate budgets of public
     4     utilities; imposing upon persons, associations, companies,
     5     and corporations (except municipal corporations) subject to
     6     regulation, the cost of administering this act; prescribing
     7     and regulating practice and procedure before the commission
     8     and procedure for review by the courts of commission action;
     9     giving the court of common pleas of Dauphin County exclusive
    10     original jurisdiction over certain proceedings; prescribing
    11     penalties, fines, and imprisonment for violations of the
    12     provisions of this act and regulations and orders of the
    13     commission, and the procedure for enforcing such fines and
    14     penalties; and repealing legislation supplied and superseded
    15     by or inconsistent with this act," requiring electric and gas
    16     companies to obtain a court order before electricity or gas
    17     service to residences is unilaterally discontinued by the
    18     company.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  The act of May 28, 1937 (P.L.1053, No.286), known
    22  as the "Public Utility Law," is amended by adding a section to
    23  read:
    24     Section 421.  Court Order Required for Discontinuance of
    25  Service.--(a) No electric or gas company shall unilaterally
    26  discontinue service to any residence without an order from the
    27  court of common pleas of the judicial district in which the
    28  residence is located authorizing termination of service.
    29     (b)  Notice of the order and an opportunity for a hearing
    30  thereon shall be given, as directed by the court, to the person
    31  responsible for paying for the service and the notice shall also
    32  be posted at a place on the premises where it is most likely to
    33  be seen by the residents of the premises.
    34     Section 2.  This act shall take effect immediately.



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