SENATE AMENDED
PRIOR PRINTER'S NOS. 533, 1619 PRINTER'S NO. 3394
No. 489 Session of 1977
INTRODUCED BY MESSRS. COWELL, PYLES, COLE, GARZIA, REED, CESSAR,
HALVERSON, PRATT, KUSSE, ABRAHAM, MRS. GILLETTE, MESSRS.
SCHMITT AND BITTINGER, MARCH 7, 1977
SENATOR KURY, CONSUMER AFFAIRS, IN SENATE, AS AMENDED, JUNE
12, 1978
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, adding provisions relating to public
3 utilities and making repeals.
4 TABLE OF CONTENTS
5 TITLE 66
6 PUBLIC UTILITIES
7 PART I. PUBLIC UTILITY CODE
8 SUBPART A. PRELIMINARY PROVISIONS
9 Chapter 1. General Provisions
10 § 101. Short title of part.
11 § 102. Definitions.
12 § 103. Prior rights preserved.
13 § 104. Interstate and foreign commerce.
14 Chapter 3. Public Utility Commission
15 Subchapter A. General Provisions
16 § 301. Establishment, members, qualifications and chairman.
17 § 302. Removal of commissioner.
1 § 303. Seal. certified documents. <--
2 § 304. Administrative law judges.
3 § 305. Secretary, employees and consultants.
4 § 306. Counsel.
5 § 307. Inspectors for enforcement.
6 § 308. Bureaus.
7 § 309. Oaths and subpoenas.
8 § 310. Depositions.
9 § 311. Witness fees.
10 § 312. Privilege and immunity.
11 § 313. Joint hearings and investigations; reciprocity.
12 § 314. Investigation of interstate rates, facilities and
13 service.
14 § 315. Burden of proof.
15 § 316. Effect of commission action.
16 § 317. Fees for services rendered by commission.
17 § 318. Commission to cooperate with other departments.
18 § 319. Code of ethics.
19 Subchapter B. Investigations and Hearings
20 § 331. Powers of commission and administrative law judges.
21 § 332. Procedures in general.
22 § 333. Prehearing procedures.
23 § 334. Presiding officers.
24 § 335. Initial decisions.
25 SUBPART B. COMMISSION POWERS, DUTIES,
26 PRACTICES AND PROCEDURES
27 Chapter 5. Powers and Duties
28 § 501. General powers.
29 § 502. Enforcement proceedings by commission.
30 § 503. Enforcement proceedings by Attorney General.
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1 § 504. Reports by public utilities.
2 § 505. Duty to furnish information to commission; cooperation
3 in valuing property.
4 § 506. Inspection of facilities and records.
5 § 507. Designation of statutory agent. <--
6 § 508 507. Contracts between public utilities and <--
7 municipalities.
8 § 509 508. Power of the commission to vary, reform and <--
9 revise contracts.
10 § 510 509. Regulation of manufacture, sale or lease of <--
11 appliances.
12 § 511 510. Assessment for regulatory expenses upon public <--
13 utilities.
14 § 512 511. Disposition, appropriation and disbursement of <--
15 assessments and fees.
16 § 513 512. Power of commission to require insurance. <--
17 § 514 513. Public letting of contracts. <--
18 Chapter 7. Procedure on Complaints
19 § 701. Complaints.
20 § 702. Service of complaints on parties.
21 § 703. Fixing of hearings.
22 Chapter 9. Judicial Proceedings
23 § 901. Right to trial by jury.
24 § 902. Costs on review.
25 § 903. Restriction on injunctions.
26 SUBPART C. REGULATION OF PUBLIC UTILITIES GENERALLY
27 Chapter 11. Certificates of Public Convenience
28 § 1101. Organization of public utilities and beginning of
29 service.
30 § 1102. Enumeration of acts requiring certificate.
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1 § 1103. Procedure to obtain certificates of public convenience.
2 § 1104. Certain appropriations by right of eminent domain
3 prohibited.
4 Chapter 13. Rates and Rate Making
5 § 1301. Rates to be just and reasonable.
6 § 1302. Tariffs; filing and inspection.
7 § 1303. Adherence to tariffs.
8 § 1304. Discrimination in rates.
9 § 1305. Advance payment of rates; interest on deposits.
10 § 1306. Apportionment of joint rates.
11 § 1307. Sliding scale of rates; adjustments.
12 § 1308. Voluntary changes in rates.
13 § 1309. Rates fixed on complaint; investigation of costs of
14 production.
15 § 1310. Temporary rates.
16 § 1311. Valuation of property of a public utility.
17 § 1312. Refunds.
18 § 1313. Price upon resale of public utility services.
19 Chapter 15. Service and Facilities
20 § 1501. Character of service and facilities.
21 § 1502. Discrimination in service.
22 § 1503. Discontinuance of service.
23 § 1504. Standards of service and facilities.
24 § 1505. Proper service and facilities established on complaint.
25 § 1506. Copies of service contracts, etc., to be filed with
26 commission.
27 § 1507. Testing of appliances for measurement of service.
28 § 1508. Reports of accidents.
29 § 1509. Billing procedures.
30 Chapter 17. Accounting and Budgetary Matters
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1 § 1701. Mandatory systems of accounts.
2 § 1702. Continuing property records.
3 § 1703. Depreciation accounts; reports.
4 § 1704. Records and accounts to be kept in Commonwealth.
5 § 1705. Budgets of public utilities.
6 § 1706. Applicability to municipal corporations.
7 Chapter 19. Securities and Obligations
8 § 1901. Registration of securities to be issued or assumed.
9 § 1902. Contents of securities certificates.
10 § 1903. Registration or rejection of securities certificates.
11 § 1904. Unauthorized securities may be declared void.
12 Chapter 21. Relations with Affiliated Interests
13 § 2101. Definition of affiliated interest.
14 § 2102. Approval of contracts with affiliated interests.
15 § 2103. Continuing supervision and jurisdiction over contracts.
16 § 2104. Contracts to be in writing; cost data.
17 § 2105. Contracts in violation of part void.
18 § 2106. Effect on rates.
19 § 2107. Federal regulatory agencies.
20 SUBPART D. SPECIAL PROVISIONS RELATING TO
21 REGULATION OF PUBLIC UTILITIES
22 Chapter 23. Common Carriers
23 § 2301. Operation and distribution of facilities of common
24 carriers.
25 § 2302. Transfers and time schedules of common carriers.
26 § 2303. Common carrier connections with other lines.
27 § 2304. Liability of common carriers for damages to property
28 in transit; bills of lading.
29 § 2305. Full crews.
30 Chapter 25. Contract Carrier by Motor Vehicle and Broker
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1 § 2501. Declaration of policy and definitions.
2 § 2502. Regulation and classification of contract carrier and
3 broker.
4 § 2503. Permits required of contract carriers.
5 § 2504. Dual operation by motor carriers.
6 § 2505. Licenses and financial responsibility required of
7 brokers.
8 § 2506. Copies of contracts to be filed with commission;
9 charges and changes therein.
10 § 2507. Minimum rates fixed and practices prescribed on
11 complaint.
12 § 2508. Accounts, records and reports.
13 § 2509. Temporary permits and licenses.
14 Chapter 27. Railroads
15 § 2701. Railroad connections with sidetracks and laterals.
16 § 2702. Construction, relocation, suspension and abolition of
17 crossings.
18 § 2703. Ejectment in crossing cases.
19 § 2704. Compensation for damages occasioned by construction,
20 relocation or abolition of crossings.
21 § 2705. Speedometers and speed recorders.
22 § 2706. Flag protection.
23 Chapter 29. Telephone and Telegraph Wires
24 § 2901. Definitions.
25 § 2902. Private wire for gambling information prohibited.
26 § 2903. Written contract for private wire.
27 § 2904. Joint use of telephone and telegraph facilities.
28 SUBPART E. MISCELLANEOUS PROVISIONS
29 Chapter 31. Foreign Trade Zones
30 § 3101. Operation as a public utility.
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1 § 3102. Establishment by private corporations and
2 municipalities.
3 § 3103. Formation and authority of private corporations.
4 § 3104. Municipalities and corporations to comply with law;
5 forfeiture of rights.
6 § 3105. Reports to Department of Community Affairs.
7 Chapter 33. Violations and Penalties
8 § 3301. Civil penalties for violations.
9 § 3302. Criminal penalties for violations.
10 § 3303. Nonliability for enforcement of lawful tariffs and
11 rates.
12 § 3304. Unlawful issuance and assumption of securities.
13 § 3305. Misapplication of proceeds of securities.
14 § 3306. Execution of unlawful contracts.
15 § 3307. Refusal to obey subpoena and testify.
16 § 3308. Concealment of witnesses and records.
17 § 3309. Liability for damages occasioned by unlawful acts.
18 § 3310. Unauthorized operation by carriers and brokers.
19 § 3311. Bribery.
20 § 3312. Evasion of motor carrier and broker regulations.
21 § 3313. Excessive price on resale.
22 § 3314. Limitation of actions and cumulation of remedies.
23 § 3315. Disposition of fines and penalties.
24 PART II. OTHER PROVISIONS (Reserved)
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Title 66, act of November 25, 1970 (P.L.707,
28 No.230), known as the Pennsylvania Consolidated Statutes, is
29 amended by adding parts to read:
30 TITLE 66
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1 PUBLIC UTILITIES
2 Parts
3 I. Public Utility Code
4 II. Other Provisions (Reserved)
5 PART I
6 PUBLIC UTILITY CODE
7 Subpart
8 A. Preliminary Provisions
9 B. Commission Powers, Duties, Practices and Procedures
10 C. Regulation of Public Utilities Generally
11 D. Special Provisions Relating to Regulation of Public
12 Utilities
13 E. Miscellaneous Provisions
14 SUBPART A
15 PRELIMINARY PROVISIONS
1 Chapter
2 1. General Provisions
3 3. Public Utility Commission
4 CHAPTER 1
5 GENERAL PROVISIONS
6 Sec.
7 101. Short title of part.
8 102. Definitions.
9 103. Prior rights preserved.
10 104. Interstate and foreign commerce.
11 § 101. Short title of part.
12 This part shall be known and may be cited as the "Public
13 Utility Code."
14 § 102. Definitions.
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1 Subject to additional definitions contained in subsequent
2 provisions of this part which are applicable to specific
3 provisions of this part, the following words and phrases when
4 used in this part shall have, unless the context clearly
5 indicates otherwise, the meanings given to them in this section:
6 "Commission." The Pennsylvania Public Utility Commission of
7 this Commonwealth.
8 "Common carrier." Any and all persons or corporations
9 holding out, offering, or undertaking, directly or indirectly,
10 service for compensation to the public for the transportation of
11 passengers or property, or both, or any class of passengers or
12 property, between points within this Commonwealth by, through,
13 over, above, or under land, water, or air, and shall include
14 forwarders, but shall not include contract carriers by motor
15 vehicles, or brokers, or any bona fide cooperative association
16 transporting property exclusively for the members of such
17 association on a nonprofit basis.
18 "Common carrier by motor vehicle." Any common carrier who or
19 which holds out or undertakes the transportation of passengers
20 or property, or both, or any class of passengers or property,
21 between points within this Commonwealth by motor vehicle for
22 compensation, whether or not the owner or operator of such motor
23 vehicle, or who or which provides or furnishes any motor
24 vehicle, with or without driver, for transportation or for use
25 in transportation of persons or property as aforesaid, and shall
26 include common carriers by rail, water, or air, and express or
27 forwarding public utilities insofar as such common carriers or
28 such public utilities are engaged in such motor vehicle
29 operations, but does not include:
30 (1) A lessor under a lease given on a bona fide sale of
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1 a motor vehicle where the lessor retains or assumes no
2 responsibility for maintenance, supervision, or control of
3 the motor vehicles so sold.
4 (2) Transportation of school children for school
5 purposes or to and from school sponsored extra curricular
6 activities whether as participants or spectators, together
7 with chaperons who might accompany them as designated by the
8 board of school directors not exceeding five in number, or
9 between their homes and Sunday school in any motor vehicle
10 owned by the school district, private school or parochial
11 school, or transportation of school children between their
12 homes and school or to and from school-sponsored extra
13 curricular or educational activities whether as participants
14 or spectators, together with chaperons who might accompany
15 them as designated by the board of school directors not
16 exceeding five in number, if the person performing the extra
17 curricular transportation has a contract for the
18 transportation of school children between their homes and
19 school, with the private or parochial school, with the school
20 district or jointure in which the school is located, or with
21 a school district that is a member of a jointure in which the
22 school is located if the jointure has no contracts with other
23 persons for the transportation of students between their
24 homes and school, and if the person maintains a copy of all
25 contracts in the vehicle at all times, or children between
26 their homes and Sunday school in any motor vehicle operated
27 under contract with the school district, private school or
28 parochial school.
29 (3) Any owner or operator of a farm transporting
30 agricultural products from, or farm supplies to, such farm,
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1 or any independent contractor or cooperative agricultural
2 association hauling agricultural products or farm supplies
3 exclusively for one or more owners or operators of farms.
4 (4) Any person or corporation who or which uses, or
5 furnishes for use, dump trucks for the transportation of
6 ashes, rubbish, excavated and road construction materials.
7 (5) Transportation of property by the owner to himself,
8 or to purchasers directly from him, in vehicles owned and
9 operated by the owner of such property and not otherwise used
10 in transportation of property for compensation for others.
11 (6) Transportation of voting machines to and from
12 polling places by any person or corporation for or on behalf
13 of any political subdivision of this Commonwealth for use in
14 any primary, general, municipal or special election.
15 (7) Transportation of pulpwood, chemical wood, saw logs
16 or veneer logs from woodlots.
17 (8) Transportation by towing of wrecked or disabled
18 motor vehicles.
19 (9) Any person or corporation who or which furnishes
20 transportation for any injured, ill or dead person.
21 "Corporation." All bodies corporate, joint-stock companies,
22 or associations, domestic or foreign, their lessees, assignees,
23 trustees, receivers, or other successors in interest, having any
24 of the powers or privileges of corporations not possessed by
25 individuals or partnerships, but shall not include municipal
26 corporations, except as otherwise expressly provided in this
27 part, nor bona fide cooperative associations which furnish
28 service on a nonprofit basis only to their stockholders or
29 members.
30 "Facilities." All the plant and equipment of a public
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1 utility, including all tangible and intangible real and personal
2 property without limitation, and any and all means and
3 instrumentalities in any manner owned, operated, leased,
4 licensed, used, controlled, furnished, or supplied for, by, or
5 in connection with, the business of any public utility. Property
6 owned by the Commonwealth or any municipal corporation prior to
7 June 1, 1937, shall not be subject to the commission or to any
8 of the terms of this part, except as elsewhere expressly
9 provided in this part.
10 "Forwarder." Any person or corporation not included in the
11 terms "motor carrier" or "broker" who or which issues receipts
12 or billings for property received by such person or corporation
13 for transportation, forwarding, or consolidating, or for
14 distribution by any medium of transportation or combination or
15 media of transportation, other than solely by motor vehicle.
16 "Highway." A way or place of whatever nature open to the use
17 of the public as a matter of right for purposes of vehicular
18 traffic."
19 "Motor carrier." A common carrier by motor vehicle, and a
20 contract carrier by motor vehicle.
21 "Motor vehicle." Any vehicle which is self-propelled,
22 excepting power shovels, tractors other than truck tractors,
23 road rollers, agricultural machinery, and vehicles which solely
24 move upon or are guided by a track, or travel through the air.
25 "Municipal corporation." All cities, boroughs, towns,
26 townships, or counties of this Commonwealth, and also any public
27 corporation, authority, or body whatsoever created or organized
28 under any law of this Commonwealth for the purpose of rendering
29 any service similar to that of a public utility.
30 "Person." Individuals, partnerships, or associations other
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1 than corporations, and includes their lessees, assignees,
2 trustees, receivers, executors, administrators, or other
3 successors in interest.
4 "Public utility."
5 (1) Any person or corporations now or hereafter owning
6 or operating in this Commonwealth equipment or facilities
7 for:
8 (i) Producing, generating, transmitting,
9 distributing or furnishing natural or artificial gas,
10 electricity, or steam for the production of light, heat,
11 or power to or for the public for compensation.
12 (ii) Diverting, developing, pumping, impounding,
13 distributing, or furnishing water to or for the public
14 for compensation.
15 (iii) Transporting passengers or property as a
16 common carrier.
17 (iv) Use as a canal, turnpike, tunnel, bridge,
18 wharf, and the like for the public for compensation.
19 (v) Transporting or conveying natural or artificial
20 gas, crude oil, gasoline, or petroleum products,
21 materials for refrigeration, or oxygen or nitrogen, or
22 other fluid substance, by pipeline or conduit, for the
23 public for compensation.
24 (vi) Conveying or transmitting messages or
25 communications by telephone or telegraph or domestic
26 public land mobile radio service including, but not
27 limited to, point-to-point microwave radio service for
28 the public for compensation.
29 (vii) Sewage collection, treatment, or disposal for
30 the public for compensation.
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1 (2) The term "public utility" does not include:
2 (i) Any person or corporation, not otherwise a
3 public utility, who or which furnishes service only to
4 himself or itself.
5 (ii) Any bona fide cooperative association which
6 furnishes service only to its stockholders or members on
7 a nonprofit basis.
8 (iii) Any producer of natural gas not engaged in
9 distributing such gas directly to the public for
10 compensation.
11 "Railroad." Every railroad, other than a street railway, by
12 whatsoever power operated, for public use in the conveyance of
13 passengers or property, or both, and all the facilities thereof.
14 "Rate." Every individual, or joint fare, toll, charge,
15 rental, or other compensation whatsoever of any public utility,
16 or contract carrier by motor vehicle, made, demanded, or
17 received for any service within this part, offered, rendered, or
18 furnished by such public utility, or contract carrier by motor
19 vehicle, whether in currency, legal tender, or evidence thereof,
20 in kind, in services or in any other medium or manner
21 whatsoever, and whether received directly or indirectly, and any
22 rules, regulations, practices, classifications or contracts
23 affecting any such compensation, charge, fare, toll, or rental.
24 "Service." Used in its broadest and most inclusive sense,
25 includes any and all acts done, rendered, or performed, and any
26 and all things furnished or supplied, and any and all facilities
27 used, furnished, or supplied by public utilities, or contract
28 carriers by motor vehicle, in the performance of their duties
29 under this part to their patrons, employees, other public
30 utilities, and the public, as well as the interchange of
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1 facilities between two or more of them, but shall not include
2 any acts done, rendered or performed, or any thing furnished or
3 supplied, or any facility used, furnished or supplied by public
4 utilities or contract carriers by motor vehicle in the
5 transportation of voting machines to and from polling places for
6 or on behalf of any political subdivision of this Commonwealth
7 for use in any primary, general or special election, or in the
8 transportation of any injured, ill or dead person, or in the
9 transportation by towing of wrecked or disabled motor vehicles,
10 or in the transportation of pulpwood or chemical wood from
11 woodlots.
12 "Street railway." Every railroad and railway, or any
13 extension or extensions thereof, by whatsoever power operated,
14 for public use in the conveyance of passengers or property, or
15 both, located mainly or in part upon, above, below, through, or
16 along any highway in any city, borough, or town, and not
17 constituting or used as a part of a trunk line railroad system,
18 and all the facilities thereof.
19 "Tariff." All schedules of rates, all rules, regulations,
20 practices, or contracts involving any rate or rates, including
21 contracts for interchange of service, and, in the case of a
22 common carrier, schedules showing the method of distribution of
23 the facilities of such common carrier.
24 "Transportation of passengers or property." Any and all
25 service in connection with the receiving, transportation,
26 elevation, transfer in transit, ventilation, refrigeration,
27 icing, storage, handling, and delivering of property, baggage or
28 freight, as well as any and all service in connection with the
29 transportation or carrying of passengers, but shall not mean any
30 service in connection with the receiving, transportation,
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1 handling or delivering of voting machines to and from polling
2 places for or on behalf of any political subdivision of this
3 Commonwealth for use in any primary, general or special
4 election, or the transportation of any injured, ill or dead
5 person, or the transportation by towing of wrecked or disabled
6 motor vehicles, or the transportation of pulpwood or chemical
7 wood from woodlots.
8 § 103. Prior rights preserved.
9 (a) Existing law continued.--Except as otherwise
10 specifically provided in this part, it is the intention of this
11 part to continue existing law. Any public utility, contract
12 carrier by motor vehicle, or broker rendering service or having
13 the right to render service on the day preceding the effective
14 date of this part shall be entitled to the full enjoyment and
15 the exercise of all and every right, power and privilege which
16 it lawfully possessed on that date.
17 (b) Existing proceedings, certificates, regulations, tariffs
18 and contracts.--All litigation, hearings, investigations, and
19 other proceedings whatsoever, pending under any repealed statute
20 supplied by this part, shall continue and remain in full force
21 and effect, and may be continued and completed under the
22 provisions of this part. All certificates, permits, licenses,
23 orders, rules, regulations or tariffs made, issued, or filed
24 under any repealed statute supplied by this part, and in full
25 force and effect upon the effective date of this part, shall
26 remain in full force and effect for the term issued, or until
27 revoked, vacated, or modified under the provisions of this part.
28 All existing contracts and obligations of the commission or its
29 predecessor, entered into or created under any repealed statute
30 supplied by this part, and in force and effect upon the
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1 effective date of this part, shall remain in full force and
2 effect and shall continue to be performed by the commission.
3 (c) Remedies cumulative.--Except as otherwise provided in
4 this part, nothing in this part shall abridge or alter the
5 existing rights of action or remedies in equity or under common
6 or statutory law of this Commonwealth, and the provisions of
7 this part shall be cumulative and in addition to such rights of
8 action and remedies.
9 § 104. Interstate and foreign commerce.
10 The provisions of this part, except when specifically so
11 provided, shall not apply, or be construed to apply, to commerce
12 with foreign nations, or among the several states, except
13 insofar as the same may be permitted under the provisions of the
14 Constitution of the United States and the acts of Congress.
15 CHAPTER 3
16 PUBLIC UTILITY COMMISSION
17 Subchapter
18 A. General Provisions
19 B. Investigations and Hearings
20 SUBCHAPTER A
21 GENERAL PROVISIONS
22 Sec.
23 301. Establishment, members, qualifications and chairman.
24 302. Removal of commissioner.
25 303. Seal. certified documents. <--
26 304. Administrative law judges.
27 305. Secretary, employees and consultants.
28 306. Counsel.
29 307. Inspectors for enforcement.
30 308. Bureaus.
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1 309. Oaths and subpoenas.
2 310. Depositions.
3 311. Witness fees.
4 312. Privilege and immunity.
5 313. Joint hearings and investigations; reciprocity.
6 314. Investigation of interstate rates, facilities and service.
7 315. Burden of proof.
8 316. Effect of commission action.
9 317. Fees for services rendered by commission.
10 318. Commission to cooperate with other departments.
11 319. Code of ethics.
12 § 301. Establishment, members, qualifications and chairman.
13 (a) Appointment and terms of members.--The Pennsylvania
14 Public Utility Commission, established by the act of March 31,
15 1937 (P.L.160, No.43), as an independent administrative
16 commission, is hereby continued as such and shall consist of
17 five members who shall be appointed by the Governor, by and with
18 the advice and consent of two-thirds of all the members of the
19 Senate, for a term of ten years. No commissioner upon the
20 expiration of his term shall continue to hold office until his
21 successor shall be duly appointed or shall be qualified.
22 (b) Qualifications and restrictions.--Each commissioner, at
23 the time of his appointment and qualification, shall be a
24 resident of this Commonwealth and shall have been a qualified
25 elector therein for a period of at least one year next preceding
26 his appointment, and shall also be not less than 30 years of
27 age. No person shall be appointed a member of the commission or
28 hold any place, position or office under it, who occupies any
29 official relation to any public utility or who holds any other
30 appointive or elected office of the Commonwealth or any
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1 political subdivision thereof. Commencing July 1, 1977,
2 commissioners shall devote full time to their official duties.
3 No commissioner shall hold any office or position, the duties of
4 which are incompatible with the duties of his office as
5 commissioner, or be engaged in any business, employment or
6 vocation, for which he shall receive any remuneration, except as
7 provided in this chapter. No employee, appointee or official
8 engaged in the service of or in any manner connected with, the
9 commission shall hold any office or position, or be engaged in
10 any employment or vocation, the duties of which are incompatible
11 with his employment in the service of or in connection with the
12 work of the commission. No commissioner shall be paid or accept
13 for any service connected with the office, any fee or emolument
14 other than the salary and expenses provided by law. No
15 commissioner shall participate in any hearing or proceeding in
16 which he has any direct or indirect pecuniary interest. Within
17 90 days of confirmation, each commissioner shall disclose, at
18 that time and thereafter annually, the existence of all security
19 holdings in any public utility or its affiliates held by such
20 commissioner, his or her spouse and any minor or unemancipated
21 children and must either divest or place in a blind trust such
22 securities. As used in this part, blind trust means a trust over
23 which neither the commissioners, their spouses, nor any minor or
24 unemancipated children shall exercise any managerial control,
25 and from which neither the commissioners, their spouses, nor any
26 minor or unemancipated children shall receive any income from
27 the trust during the commissioner's tenure of office. Such
28 disclosure statement shall be filed with the secretary of the
29 commission and shall be open to inspection by the public during
30 the normal business hours of the commission during the tenure of
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1 the commissioner. Every commissioner, and every individual or
2 official, employed or appointed to office under, in the service
3 of, or in connection with, the work of the commission, is
4 forbidden, directly or indirectly, to solicit or request from,
5 or to suggest or recommend to any public utility, or to any
6 officer, attorney, agent or employee thereof, the appointment of
7 any individual to any office, place or position in, or the
8 employment of any individual in any capacity by, such public
9 utility. Every commissioner, every bureau director and every
10 administrative law judge employed or appointed to office under,
11 in the service of or in connection with the work of the
12 commission, is prohibited from accepting employment with any
13 public utility subject to the rules and regulations of the
14 commission for a period of one year after terminating employment
15 or service with the commission. If any person employed or
16 appointed in the service of the commission violates any
17 provision of this section, the commission shall forthwith remove
18 him from the office or employment held by him.
19 (c) Chairman.--A member designated by the Governor shall be
20 the chairman of the commission during such member's term of
21 office. When present, the chairman shall preside at all
22 meetings, but in his absence a member, designated by the
23 chairman, shall preside and shall exercise, for the time being,
24 all the powers of the chairman. The chairman shall have such
25 powers and duties as authorized by the commission as provided in
26 section 331(b) (relating to powers of commission and
27 administrative law judges).
28 (d) Quorum.--A majority of the members of the commission
29 serving in accordance with law shall constitute a quorum and
30 such majority, acting unanimously, shall be required for any
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1 action, including the making of any order or the ratification of
2 any act done or order made by one or more of the commissioners.
3 No vacancy in the commission shall impair the right of a quorum
4 of the commissioners to exercise all the rights and perform all
5 the duties of the commission.
6 (e) Compensation.--Each of the commissioners shall receive
7 an annual salary of $35,000, as of January 1, 1977, and $40,000,
8 as of January 1, 1978, except the chairman, who shall receive an
9 annual salary of $37,500, as of January 1, 1977, and $42,500, as
10 of January 1, 1978.
11 (f) Open proceedings.--The proceedings of the commission
12 shall be conducted in accordance with the provisions of the act
13 of July 19, 1974 (P.L.486, No.175), referred to as the Public
14 Agency Open Meeting Law.
15 (g) Monitoring cases.--Each commissioner shall be
16 responsible for monitoring specified cases as shall be assigned
17 to him in a manner determined by the commission. All proceedings
18 properly before the commission shall be assigned immediately
19 upon filing.
20 § 302. Removal of commissioner.
21 The Governor, by and with the consent of two-thirds of all of
22 the members of the Senate, shall remove from office any
23 commissioner who violates the provision of section 301(b)
24 (relating to establishment, members, qualifications and
25 chairman) requiring commissioners to devote full time to their
26 official duties and may remove any commissioner for
27 inefficiency, neglect of duty or misconduct in office, giving
28 him a copy of the charges against him, and affording him an
29 opportunity to be publicly heard in person or by counsel in his
30 own defense upon not less than ten days notice. If the
19770H0489B3394 - 21 -
1 commissioner is removed, the Governor shall file with the
2 Department of State a complete statement of all charges made
3 against the commissioner and his finding thereon, together with
4 a complete record of the proceedings.
5 § 303. Seal. certified documents. <--
6 (a) Seal.--The commission shall adopt and use an official <--
7 seal, by which the commission shall authenticate its
8 proceedings, and of which seal the courts shall take judicial
9 notice. A copy of any paper or document on file with the
10 commission authenticated by any such seal shall be evidence
11 equally and in like manner as the original.
12 (b) Certified copies of documents admissible in evidence.-- <--
13 Copies of all official documents and orders filed or deposited
14 in the office of the commission, certified by the secretary
15 under the official seal of the commission to be true copies of
16 the originals, shall be evidence in like manner as the
17 originals, in all matters before the commission and in the
18 courts of this Commonwealth.
19 § 304. Administrative law judges.
20 (a) General rule.--The office of administrative law judge to
21 the Pennsylvania Public Utility Commission is hereby created.
22 The commission shall have the power to appoint as many qualified
23 and competent administrative law judges as may be necessary for
24 proceedings pursuant to this part, and who shall devote full
25 time to their official duties and who shall perform no duties
26 inconsistent with their duties and responsibilities as
27 administrative law judges. Administrative law judges shall be
28 afforded employment security as provided by the act of August 5,
29 1941 (P.L.752, No.286), known as the "Civil Service Act."
30 Compensation for administrative law judges shall be established
19770H0489B3394 - 22 -
1 by the commission within a range of $25,000 to $35,000. If the
2 commission is occasionally and temporarily understaffed of
3 administrative law judges, the commission may appoint qualified
4 and competent persons who meet the minimum standards established
5 by this part to temporarily serve as such judges, who shall
6 serve at the pleasure of the commission and shall receive such
7 compensation as the commission may establish.
8 (b) Staff.--The commission may appoint secretaries and legal
9 or technical advisors to assist each judge in performance of his
10 duties or may assign personnel from any of the other bureaus
11 within the commission.
12 (c) Qualifications.--All judges must meet the following
13 minimum requirements:
14 (1) Be an attorney in good standing before the Supreme
15 Court of Pennsylvania.
16 (2) Have three years of practice before administrative
17 agencies or equivalent experience.
18 (3) Conform to such other requirements as shall be
19 established by the commission.
20 (d) Chief administrative law judge.--The commission shall
21 appoint one of the administrative law judges as chief
22 administrative law judge who shall be responsible for assigning
23 a hearing judge to every proceeding before the commission which
24 may require the utilization of an administrative law judge and
25 who shall receive remuneration above that of any other
26 administrative law judge. The position of chief administrative
27 law judge may not be withdrawn from a person so appointed, nor
28 his salary diminished, except for good cause shown. The chief
29 administrative law judge shall have such other responsibilities
30 as the commission may by rule prescribe.
19770H0489B3394 - 23 -
1 § 305. Secretary, employees and consultants.
2 (a) Secretary.--The commission may appoint and fix the
3 compensation of a secretary to hold office at its pleasure. The
4 secretary shall have such powers and shall perform such duties
5 not contrary to law as the commission shall prescribe. The
6 commission shall have power and authority to designate, from
7 time to time, one of its clerks to perform the duties of the
8 secretary during his absence, and the clerk so designated shall
9 possess, for the time so designated, the powers of the secretary
10 of the commission.
11 (b) Employees and consultants.--The commission may appoint,
12 fix the compensation of, authorize and delegate such officers,
13 consultants, experts, engineers, statisticians, accountants,
14 inspectors, clerks and employees as may be appropriate for the
15 proper conduct of the work of the commission. The total
16 compensation paid to consultants in any fiscal year shall not
17 exceed 4% of the commission's budget. The commission shall keep
18 records of the names of each consultant, the services performed
19 for the commission, and the amounts expended for each
20 consultant's services. The commission shall submit these records
21 as a part of its annual budget submission. Such records shall be
22 a matter of public record open for inspection at the office of
23 the commission during the normal business hours of the
24 commission. The commission shall establish, after consultation
25 with the Civil Service Commission, standardized qualifications
26 for employment and advancement, and all titles, and establish
27 different standards for different kinds, grades, and classes of
28 similar work or service. The employees of the commission shall
29 be afforded employment security as provided by the act of August
30 5, 1941 (P.L.752, No.286), known as the "Civil Service Act," or
19770H0489B3394 - 24 -
1 the appropriate collective bargaining agreement, whichever is
2 applicable, but the commission shall set the salaries of all
3 employees in accordance with the employment standards
4 established under this section.
5 § 306. Counsel.
6 The office of chief counsel to the Pennsylvania Public
7 Utility Commission is hereby created. The chief counsel shall be
8 appointed by the commission and hold office at its pleasure. The
9 commission may also from time to time appoint such assistant
10 counsel to the commission as may be required for the proper
11 conduct of its work. Assistant counsel may be removed by the
12 commission only for good cause. The compensation of the counsel
13 shall be fixed by the commission. In accordance with the
14 multifunction legal staff established in this part, such counsel
15 shall attend the hearings before the commission or a
16 commissioner, or a special agent or administrative law judge,
17 and conduct the examination of witnesses and shall represent the
18 commission upon appeals and other hearings in the courts of
19 common pleas and in the Commonwealth and Supreme Courts, or
20 other courts of this Commonwealth, or in any Federal court or
21 agency and in actions instituted to recover penalties and to
22 enforce regulations and orders of the commission. Such counsel
23 shall also assist the Attorney General in conducting all
24 mandamus, injunction and quo warranto proceedings at law or in
25 equity, instituted by him for the enforcement of the regulations
26 and orders of the commission, and shall perform such other
27 professional duties as may be required of them by the
28 commission.
29 § 307. Inspectors for enforcement.
30 The commission may employ such inspectors, as it may deem
19770H0489B3394 - 25 -
1 necessary, for the purpose of enforcing the provisions of this
2 part. Such inspectors are hereby declared to be police officers,
3 and are hereby given police power and authority throughout this
4 Commonwealth to arrest on view, without writ, rule, order, or
5 process, any person operating as a motor carrier or common
6 carrier by airplane without a certificate or permit required by
7 this part. Such inspectors are hereby given authority to stop
8 vehicles on the highways of this Commonwealth, and to inspect
9 the cargoes of such vehicles, and any receipts or bills of
10 lading pertaining to such cargoes.
11 § 308. Bureaus.
12 (a) Enumeration.--There shall be established within the
13 commission the following bureaus and functions:
14 (1) Law Bureau.
15 (2) Bureau of Conservation, Economics and Energy
16 Planning.
17 (3) Bureau of Consumer Services.
18 (b) Law Bureau.--The Law Bureau shall be a multifunction
19 legal staff, consisting of a prosecutory function and an
20 advisory function. Prosecutory counsel shall be responsible for
21 and shall assist in the development of, challenge of, and
22 representation on the record of all matters in the public's
23 interest. Advisory counsel shall advise the commission on any
24 and all matters. The counsel shall appear on behalf of the
25 commission in all courts of record and before district
26 magistrates. No counsel shall in the same case or a factually
27 related case perform duties in the prosecutory and advisory
28 functions, if such performance would represent a conflict of
29 interest.
30 (c) Bureau of Conservation, Economics and Energy Planning.--
19770H0489B3394 - 26 -
1 The Bureau of Conservation, Economics and Energy Planning shall
2 conduct studies and research all matters within the commission's
3 jurisdiction and advise the commission of the results thereof in
4 order to enable the commission to provide prospective regulation
5 in the best interest of all parties concerned. Such studies and
6 research shall include long range forecasting of energy needs
7 and development; research into the use of new, efficient and
8 economic methods of energy production; the review of the
9 efficiency of the present generating systems operated within
10 this Commonwealth; and the development of an effective program
11 of energy conservation. The commission shall require all
12 electric and gas public utilities subject to its jurisdiction to
13 file with it an annual conservation report which shows the plans
14 and progress achieved on programs of energy conservation. The
15 commission shall, by rule, prescribe guidelines for the form and
16 manner of such annual conservation report which report shall
17 describe the current and proposed programs of each such utility
18 designed to educate and encourage its customers in the optimum,
19 effective and efficient use by them of electric and gas energy.
20 The report shall include an accounting of the monetary and
21 personnel resources actually or proposed to be expended or
22 devoted to and the actual or anticipated results of such
23 programs. The bureau shall review all proposals for electric and
24 gas public utility plant expansion and shall submit for
25 consideration of the commission its findings on what impact, if
26 any, the electric and gas public utility plant expansion will
27 have on rates charged by the public utility.
28 (d) Bureau of Consumer Services.--The Bureau of Consumer
29 Services shall investigate and have prepared replies to all
30 informal consumer complaints and shall advise the commission as
19770H0489B3394 - 27 -
1 to the need for formal commission action on any matters brought
2 to its attention by the complaints. The bureau shall on behalf
3 of the commission keep records of all complaints received, the
4 matter complained of, the utility involved, and the disposition
5 thereof and shall at least annually report to the commission on
6 such matters. The commission may take official notice of all
7 complaints and the nature thereof in any proceeding before the
8 commission in which the utility is a party. The commission shall
9 adopt, publish and generally make available rules by which a
10 consumer may make informal complaints. The bureau shall also
11 assist and advise the commission on matters of safety compliance
12 by public utilities.
13 (e) Other bureaus.--The commission shall establish such
14 bureau or bureaus to perform such duties as the commission may
15 prescribe regarding all matters respecting rates of public
16 utilities and all matters respecting common carriers and
17 contract carriers. The establishment of these bureaus shall not
18 be construed to prohibit the commission from establishing any
19 additional bureaus which the commission finds necessary to
20 protect the interests of the people of this Commonwealth. The
21 bureaus may perform such other duties not inconsistent with law
22 as the commission may direct.
23 (f) Staff testimony.--Members of the staff of the commission
24 shall appear and present testimony in any proceeding before the
25 commission when called by the commission or any of the parties
26 to the proceeding. In addition to any cross-examination by
27 counsel as provided in section 306 (relating to counsel), any
28 member of the commission staff who participates in the analysis,
29 review and conclusions in any proceedings before the commission
30 may, in the discretion of commission counsel and with the
19770H0489B3394 - 28 -
1 consent of the presiding officer, cross-examine any witness
2 presented by the parties to the proceeding at the public
3 hearing.
4 § 309. Oaths and subpoenas.
5 The commission, or its representative, shall have the power,
6 in any part of this Commonwealth, to subpoena witnesses, to
7 administer oaths, to examine witnesses, or to take such
8 testimony, or compel the production of such books, records,
9 papers, and documents as it may deem necessary or proper in, and
10 pertinent to, any proceeding, investigation, or hearing, held or
11 had by it, and to do all necessary and proper things and acts in
12 the lawful exercise of its powers or the performance of its
13 duties. The fees for serving a subpoena shall be the same as
14 those paid sheriffs for similar services.
15 § 310. Depositions.
16 The commission, or any commissioner, or any party to
17 proceedings before the commission, may cause the deposition of
18 witnesses residing within or without this Commonwealth to be
19 taken in the manner prescribed by the Pennsylvania Rules of
20 Civil Procedure for taking depositions in civil actions.
21 § 311. Witness fees.
22 Witnesses who are summoned before the commission shall be
23 paid the same fees and mileage as are paid to witnesses in the
24 courts of common pleas. Witnesses whose depositions are taken
25 pursuant to the provisions of this part, and the officer taking
26 the same, shall be entitled to the same fees as are paid for
27 like services in such courts. All disbursements made in the
28 payment of such fees shall be included in and paid in the same
29 manner as is provided for the payment of other expenses of the
30 commission.
19770H0489B3394 - 29 -
1 § 312. Privilege and immunity.
2 No person shall be excused from testifying or from producing
3 any book, document, paper, or account in any investigation or
4 inquiry by, or hearing before, the commission or its
5 representative, when ordered to do so, upon the ground that the
6 testimony or evidence, book, document, paper, or account
7 required may tend to incriminate him or subject him to penalty
8 or forfeiture. No person shall be prosecuted, punished, or
9 subjected to any forfeiture or penalty for or on account of any
10 act, transaction, matter, or thing concerning which he shall
11 have been compelled, under objection, to testify or produce
12 documentary evidence. No person so testifying shall be exempt
13 from prosecution or punishment for any perjury committed by him
14 in his testimony.
15 § 313. Joint hearings and investigations; reciprocity.
16 (a) Joint hearings and investigations.--The commission shall
17 have full power and authority to make joint investigations, hold
18 joint hearings within or without this Commonwealth, and issue
19 joint or concurrent orders in conjunction or concurrence with
20 any official, board, commission, or agency of any state or of
21 the United States, whether in the holding of such investigations
22 or hearings, or in the making of such orders, the commission
23 shall function under agreements or compacts between states or
24 under the concurrent power of states to regulate the interstate
25 commerce, or as an agency of the Federal Government, or
26 otherwise.
27 (b) Reciprocity.--The commission shall have full power and
28 authority to arrange reciprocity of treatment of public
29 utilities and contract carriers by motor vehicle of this
30 Commonwealth by regulatory bodies, under regulatory laws of
19770H0489B3394 - 30 -
1 other states, and to that end the commission is hereby vested
2 with power to impose upon public utilities and contract carriers
3 by motor vehicle of other states, the same penalties,
4 restrictions, and regulations as are imposed by the regulatory
5 body of such other states upon public utilities and contract
6 carriers by motor vehicle of this Commonwealth when operating
7 into, out of, or through such other states.
8 § 314. Investigation of interstate rates, facilities and
9 service.
10 The commission may investigate the interstate rates, traffic
11 facilities, or service of any public utility within this
12 Commonwealth, and when such rates, facilities or service are, in
13 the determination of the commission, unjust, unreasonable,
14 discriminatory or in violation of any Federal law, or in
15 conflict with the rulings, orders or regulations of any Federal
16 regulatory body, the commission may apply, by petition to the
17 proper Federal regulatory body, for relief, or may present to
18 the proper Federal regulatory body all facts coming to its
19 knowledge as to the violation of the rules, orders, or
20 regulations of such regulatory body, or as to the violation of
21 the particular Federal law.
22 § 315. Burden of proof.
23 (a) Reasonableness of rates.--In any proceeding upon the
24 motion of the commission, involving any proposed or existing
25 rate of any public utility, or in any proceedings upon complaint
26 involving any proposed increase in rates, the burden of proof to
27 show that the rate involved is just and reasonable shall be upon
28 the public utility. The commission shall give to the hearing and
29 decision of any such proceeding preference over all other
30 proceedings, and decide the same as speedily as possible.
19770H0489B3394 - 31 -
1 (b) Compliance with commission determinations and orders.--
2 In any case involving any alleged violation by a public utility,
3 contract carrier by motor vehicle, or broker of any lawful
4 determination or order of the commission, the burden of proof
5 shall be upon the public utility, contract carrier by motor
6 vehicle, or broker complained against, to show that the
7 determination or order of the commission has been complied with.
8 (c) Adequacy of services and facilities.--In any proceeding
9 upon the motion of the commission, involving the service or
10 facilities of any public utility, the burden of proof to show
11 that the service and facilities involved are adequate,
12 efficient, safe, and reasonable shall be upon the public
13 utility.
14 (d) Justification of accounting entries.--The burden of
15 proof to justify every accounting entry questioned by the
16 commission shall be upon the public utility making, authorizing,
17 or requiring such entry, and the commission may suspend any
18 charge or credit pending submission of such proof by such public
19 utility.
20 (e) Use of future test year.--In discharging its burden of
21 proof the utility may utilize a future test year. The commission
22 shall promptly adopt rules and regulations regarding the
23 information and data to be submitted when and if a future test
24 period is to be utilized. Whenever a utility utilizes a future
25 test year in any rate proceeding and such future test year forms
26 a substantive basis for the final rate determination of the
27 commission, the utility shall provide, as specified by the
28 commission in its final order, appropriate data evidencing the
29 accuracy of the estimates contained in the future test year, and
30 the commission may after reasonable notice and hearing, in its
19770H0489B3394 - 32 -
1 discretion, adjust the utility's rates on the basis of such
2 data.
3 § 316. Effect of commission action.
4 Whenever the commission shall make any rule, regulation,
5 finding, determination or order, the same shall be prima facie
6 evidence of the facts found and shall remain conclusive upon all
7 parties affected thereby, unless set aside, annulled or modified
8 on judicial review. The issuing or registration by the
9 commission of any certificate, license or permit whatsoever,
10 under the provisions of this part, or any finding, determination
11 or order made by the commission refusing or granting such
12 certificates, licenses or permits, shall not be construed to
13 revive or validate any lapsed, terminated, invalidated or void
14 powers, franchises, rights or privileges; or to enlarge or add
15 to the rights, powers, franchises or privileges contained in any
16 charter, or in the grant of any franchise, or any supplement or
17 amendment to any charter, or to give or remit any forfeiture.
18 § 317. Fees for services rendered by commission.
19 (a) General rule.--The commission shall by rule establish on
20 a reasonable cost basis the fees to be charged and collected for
21 the following services:
22 (1) Copies of paper, testimony and records.
23 (2) Certifying a copy of any paper, testimony or record.
24 (3) Preparing and certifying to the Commonwealth Court
25 any record in an appeal.
26 (4) Filing of each securities certificate, or each
27 application for a certificate of public convenience,
28 registration certificate, permit or license.
29 (b) Fees for testing.--The commission shall charge and
30 collect from public utilities for the testing of their
19770H0489B3394 - 33 -
1 instruments of precision and measuring apparatus the following
2 fees:
3 For testing each watthour meter, $16.
4 For testing each indicating instrument, $10.
5 For testing each instrument transformer, $10.
6 For testing each standard cell, $5.
7 For testing each standard resistance, $10.
8 For testing each potentiometer, $50.
9 For testing each gas meter prover, $35.
10 For testing each calorimeter tested at the gas company's
11 plant, $35.
12 For testing each calorimeter tested at the commission
13 laboratory, $10.
14 For each water meter testing apparatus tested at the
15 company's plant, $15.
16 For each water meter tested at the commission laboratory,
17 $3.
18 § 318. Commission to cooperate with other departments.
19 (a) Vehicle registration plates.--The Department of
20 Transportation and the commission are hereby authorized and
21 directed to cooperate in the issuance by the Department of
22 Transportation, under the provisions of Title 75 (relating to
23 vehicles), of registration plates for commercial motor vehicles,
24 which will classify and identify motor vehicles operated under
25 certificates or permits issued by the commission, without the
26 necessity of the requirement of separate identification plates
27 in addition to registration plates required under Title 75.
28 (b) Purity of water supply.--The commission may certify to
29 the Department of Environmental Resources any question of fact
30 regarding the purity of water supplied to the public by any
19770H0489B3394 - 34 -
1 public utility over which it has jurisdiction, when any such
2 question arises in any controversy or other proceeding before
3 it, and upon the determination of such question by the
4 department incorporate the department's findings in its
5 decision.
6 (c) Powers of certain governmental agencies unaffected.--
7 Nothing in this part shall be construed to deprive the
8 Department of Health or the Department of Environmental
9 Resources of any jurisdiction, powers or duties now vested in
10 them.
11 § 319. Code of ethics.
12 (a) General rule.--Each commissioner and each administrative
13 law judge shall conform to the following code of ethics for the
14 Public Utility Commission. A commissioner and an administrative
15 law judge must:
16 (1) Avoid impropriety and the appearance of impropriety
17 in all activities.
18 (2) Perform all duties impartially and diligently.
19 (3) Avoid all ex parte communications prohibited in this
20 part.
21 (4) Abstain publicly from expressing, other than in
22 executive or public session, his personal views on the merits
23 of a matter pending before the commission and require similar
24 abstention on the part of commission personnel subject to his
25 direction and control.
26 (5) Require staff and personnel subject to his direction
27 to observe the standards of fidelity and diligence that apply
28 to the commissioner and administrative law judge.
29 (6) Initiate appropriate disciplinary measures against
30 commission personnel for unprofessional conduct.
19770H0489B3394 - 35 -
1 (7) Disqualify himself from proceedings in which his
2 impartiality might be reasonably questioned.
3 (8) Inform himself about his personal and fiduciary
4 interests and make a reasonable effort to inform himself
5 about the personal financial interests of his spouse and
6 children.
7 (9) Regulate his extra-curricular activities to minimize
8 the risk of conflict with his official duties. He may speak,
9 write or lecture and any reimbursed expenses, honorariums,
10 royalties, or other moneys received in connection therewith
11 shall be disclosed annually. Such disclosure statement shall
12 be filed with the secretary of the commission and shall be
13 open to inspection by the public during the normal business
14 hours of the commission during the tenure of the commissioner
15 or of the administrative law judge.
16 (10) Refrain from solicitation of funds for any
17 political, educational, religious, charitable, fraternal or
18 civic purposes, although he may be an officer, director or
19 trustee of such organizations.
20 (11) Refrain from financial or business dealing which
21 would tend to reflect adversely on impartiality, although the
22 commissioner or administrative law judge may hold and manage
23 investments which are not incompatible with the duties of his
24 office.
25 (12) Conform to such additional rules as the commission
26 may prescribe.
27 (b) Removal of commissioner for violation.--Any commissioner
28 who violates the provisions of subsection (a) shall be removed
29 from office in the manner provided in section 302 (relating to
30 removal of commissioner).
19770H0489B3394 - 36 -
1 (c) Removal of judge for violation.--Any administrative law
2 judge who violates the provisions of subsection (a) shall be
3 removed from office in the manner provided by the act of August
4 5, 1941 (P.L.752, No.286), known as the "Civil Service Act."
5 SUBCHAPTER B
6 INVESTIGATIONS AND HEARINGS
7 Sec.
8 331. Powers of commission and administrative law judges.
9 332. Procedures in general.
10 333. Prehearing procedures.
11 334. Presiding officers.
12 335. Initial decisions.
13 § 331. Powers of commission and administrative law judges.
14 (a) General rule.--The commission may, on its own motion and
15 whenever it may be necessary in the performance of its duties,
16 investigate and examine the condition and management of any
17 public utility or any other person or corporation subject to
18 this part. In conducting the investigations the commission may
19 proceed, either with or without a hearing, as it may deem best,
20 but it shall make no order without affording the parties
21 affected thereby a hearing. Any investigation, inquiry or
22 hearing which the commission has power to undertake or hold
23 shall be conducted pursuant to the provisions of this chapter.
24 (b) Powers of chairman.--The commission may authorize the
25 chairman to:
26 (1) Designate the time and place for the conducting of
27 investigations, inquiries and hearings.
28 (2) Assign cases to a commissioner or commissioners for
29 hearing, investigation, inquiry, study or other similar
30 purposes.
19770H0489B3394 - 37 -
1 (3) Assign cases to special agents or administrative law
2 judges for the taking and receiving of evidence.
3 (4) Direct and designate officers and employees of the
4 commission to make investigations, inspections, inquiries,
5 studies and other like assignments for reports to the
6 commission.
7 (5) Be responsible through the secretary for
8 specifically enumerated daily administrative operations of
9 the commission.
10 (c) Requirements for presiding officers.--There shall
11 preside at the taking of evidence the commission, one or more
12 commissioners, or one or more administrative law judges
13 appointed as provided in this chapter. The functions of all
14 presiding officers shall be conducted in an impartial manner.
15 Any such officer may at any time withdraw from a proceeding if
16 he deems himself disqualified, and, upon the filing in good
17 faith of a timely and sufficient affidavit of personal bias or
18 disqualification of any such officer, the commission shall
19 determine the matter as a part of the record and decision in the
20 proceeding.
21 (d) Authority of presiding officers.--In addition to any
22 administrative rules of procedure contained in this part, the
23 commission may adopt and publish such additional rules of
24 procedure as are not inconsistent with this part. Officers
25 presiding at hearings shall have authority subject to the
26 published rules of the commission and within its powers, to:
27 (1) Administer oaths and affirmations.
28 (2) Issue subpoenas authorized by law.
29 (3) Rule upon offers of proof and receive relevant
30 evidence, take or cause depositions to be taken whenever the
19770H0489B3394 - 38 -
1 ends of justice would be served thereby.
2 (4) Regulate the course of the hearing.
3 (5) Hold conferences for settlement or simplification of
4 the issues by consent of the parties.
5 (6) Dispose of procedural requests or similar matters.
6 (7) Make decisions or recommend decisions in conformity
7 within this part.
8 (8) Take any other action authorized by commission rule.
9 (e) Interlocutory appeals.--A presiding officer may certify
10 to the commission, or allow the parties an interlocutory appeal
11 to the commission on any material question arising in the course
12 of a proceeding, where he finds that it is necessary to do so to
13 prevent substantial prejudice to any party or to expedite the
14 conduct of the proceeding. The presiding officer or the
15 commission may thereafter stay the proceeding if necessary to
16 protect the substantial rights of any of the parties therein.
17 The commission shall determine the question forthwith and the
18 hearing and further decision shall thereafter be governed
19 accordingly. No interlocutory appeal to the commission shall
20 otherwise be allowed, except as may be allowed by the
21 commission.
22 (f) Declaratory orders.--The commission, with like effect as
23 in the case of other orders, and in its sound discretion, may
24 issue a declaratory order to terminate a controversy or remove
25 uncertainty.
26 (g) Official notice defined.--As used in this chapter the
27 term "official notice" means a method by which the commission
28 may notify all parties that no further evidence will be heard on
29 a material fact and that unless the parties prove to the
30 contrary, the commission's findings will include that particular
19770H0489B3394 - 39 -
1 fact.
2 § 332. Procedures in general.
3 (a) Burden of proof.--Except as may be otherwise provided in
4 section 315 (relating to burden of proof) or other provisions of
5 this part or other relevant statute, the proponent of a rule or
6 order has the burden of proof.
7 (b) Admissibility of evidence.--Any oral or documentary
8 evidence may be received, but the commission shall as a matter
9 of policy provide for the exclusion of irrelevant, immaterial or
10 unduly repetitious evidence. No sanction shall be imposed or
11 rule or order be issued except upon consideration of the whole
12 record or such portions thereof as may be cited by any party and
13 as supported by and in accordance with the reliable, probative
14 and substantial evidence.
15 (c) Submission of evidence.--Every party is entitled to
16 present his case or defense by oral or documentary evidence, to
17 submit rebuttal evidence and to conduct such cross-examination
18 as may be required for a full and true disclosure of the facts.
19 The commission may, by rule, adopt procedures for the submission
20 of all or part of the evidence in written form.
21 (d) Record, briefs and argument.--The transcript of
22 testimony and exhibits, together with all papers and requests
23 filed in the proceeding, constitutes the exclusive record for
24 decision, and shall be available for inspection by the public.
25 Briefing and oral argument shall be held in accordance with
26 rules established by the commission.
27 (e) Official notice of facts.--When the commission's
28 decision rests on official notice of a material fact not
29 appearing in the evidence in the record, upon notification that
30 facts are about to be or have been noticed, any party adversely
19770H0489B3394 - 40 -
1 affected shall have the opportunity upon timely request to show
2 that the facts are not properly noticed or that alternative
3 facts should be noticed. The commission in its discretion shall
4 determine whether written presentations suffice, or whether oral
5 argument, oral evidence, or cross-examination is appropriate in
6 the circumstances. Nothing in this subsection shall affect the
7 application by the commission in appropriate circumstances of
8 the doctrine of judicial notice.
9 (f) Actions of parties and counsel.--Any party who shall
10 fail to be represented at a scheduled conference or hearing
11 after being duly notified thereof, shall be deemed to have
12 waived the opportunity to participate in such conference or
13 hearing, and shall not be permitted thereafter to reopen the
14 disposition of any matter accomplished thereat, or to recall for
15 further examination of witnesses who were excused, unless the
16 presiding officer shall determine that failure to be represented
17 was unavoidable and that the interests of the other parties and
18 the public would not be prejudiced by permitting such reopening
19 or further examination. If the actions of a party or counsel in
20 a proceeding shall be determined by the commission, after due
21 notice and opportunity for hearing, to be obstructive to the
22 orderly conduct of the proceeding and inimical to the public
23 interest, the commission may reject or dismiss any rule or order
24 in any manner proposed by the offending party or counsel, and,
25 with respect to counsel, may bar further participation by him in
26 any proceedings before the commission.
27 § 333. Prehearing procedures.
28 (a) Conferences.--The presiding officer shall have the
29 authority to hold one or more prehearing conferences during the
30 course of the proceeding on his own motion or at the request of
19770H0489B3394 - 41 -
1 a party to the proceeding. The presiding officer shall normally
2 hold at least one prehearing conference in proceedings where the
3 issues are complex or where it appears likely that the hearing
4 will last a considerable period of time. In addition to other
5 matters which the commission may prescribe by rule, the
6 presiding officer at a prehearing conference may direct the
7 parties to exchange their evidentiary exhibits and witness lists
8 prior to the hearing. Where good cause exists, the parties may
9 at any time amend, by deletion or supplementation, their
10 evidentiary exhibits and witness lists.
11 (b) Depositions.--A party to the proceeding shall be able to
12 take depositions of witnesses upon oral examination or written
13 questions for purposes of discovering relevant, unprivileged
14 information, subject to the following conditions:
15 (1) The taking of depositions shall normally be deferred
16 until there has been at least one prehearing conference.
17 (2) The party seeking to take a deposition shall apply
18 to the presiding officer for an order to do so.
19 (3) The party seeking to take a deposition shall serve
20 copies of the application on the other party or parties to
21 the proceedings, who shall be given an opportunity, along
22 with the deponent, to notify the presiding officer of any
23 objections to the taking of the deposition.
24 (4) The presiding officer shall not grant an application
25 to take a deposition if he finds that the taking of the
26 deposition would result in undue delay.
27 (5) The presiding officer shall otherwise grant an
28 application to take a deposition unless he finds that there
29 is not good cause for doing so.
30 (6) The deposing of a commission employee shall only be
19770H0489B3394 - 42 -
1 allowed upon an order of the presiding officer based on a
2 specific finding that the party applying to take the
3 deposition is seeking significant, unprivileged information
4 not discoverable by alternative means. Any such order shall
5 be subject to an interlocutory appeal to the commission.
6 (7) An order to take a deposition shall be enforceable
7 through the issuance of a subpoena ad testificandum.
8 (c) Disclosure of information on witnesses.--At the
9 prehearing conference or at some other reasonable time prior to
10 the hearing, which may be established by commission rule, each
11 party to the proceeding shall make available to the other
12 parties to the proceeding the names of the witnesses he expects
13 to call and the subject matter of their expected testimony.
14 Where good cause exists, the parties shall have the right at any
15 time to amend, by deletion or supplementation, the list of names
16 of the witnesses they plan to call and the subject matter of the
17 expected testimony of those witnesses.
18 (d) Interrogatories.--Any party to a proceeding may serve
19 written interrogatories upon any other party for purposes of
20 discovering relevant, unprivileged information. A party served
21 with interrogatories may, before the time prescribed either by
22 commission rule or otherwise for answering the interrogatories,
23 apply to the presiding officer for the holding of a prehearing
24 conference for the mutual exchange of evidence exhibits and
25 other information. Each interrogatory which requests information
26 not previously supplied at a prehearing conference or hearing
27 shall be answered separately and fully in writing under oath,
28 unless it is objected to, in which event the reasons for the
29 objections shall be stated in lieu of an answer. The party upon
30 whom the interrogatories have been served shall serve a copy of
19770H0489B3394 - 43 -
1 the answers and objections within a reasonable time, unless
2 otherwise specified, upon the party submitting the
3 interrogatories. The party submitting the interrogatories may
4 petition the presiding officer for an order compelling an answer
5 to an interrogatory or interrogatories to which there has been
6 an objection or other failure to answer. The commission shall
7 designate an appropriate official on whom other parties to the
8 proceeding may serve written interrogatories directed to the
9 commission. That official shall arrange for agency personnel
10 with knowledge of the facts to answer and sign the
11 interrogatories on behalf of the commission. The attorney or
12 employee appearing on behalf of the commission in the proceeding
13 shall have the authority to make and sign objections to
14 interrogatories served upon the commission. Interrogatories
15 directed to the commission shall be allowed only upon an order
16 of the commission based upon a specific finding that the
17 interrogating party is seeking significant, unprivileged
18 information not discoverable by alternative means.
19 (e) Requests for admissions.--A party to a proceeding may
20 serve upon any other party and upon the commission to the same
21 extent permissible in subsection (d) a written request for the
22 admission, for purposes of the pending proceeding and to
23 conserve hearing time, of any relevant, unprivileged, undisputed
24 facts, the genuineness of any document described in the request,
25 the admissibility of evidence, the order of proof and other
26 similar matters.
27 (f) Subpoena duces tecum.--A party to a proceeding may
28 obtain in accordance with commission rules a subpoena duces
29 tecum requiring the production of or the making available for
30 inspection, copying or photographing of relevant necessary
19770H0489B3394 - 44 -
1 designated documents at a prehearing conference or other
2 specific time and place.
3 (g) Scheduling.--The presiding officer shall have the
4 authority to impose schedules on the parties to the proceeding
5 specifying the periods of time during which the parties may
6 pursue each means of discovery available to them under the rules
7 of the commission. Such schedules and time periods shall be set
8 with a view to accelerating disposition of the case to the
9 fullest extent consistent with fairness.
10 (h) Certification of interlocutory appeals.--Except as
11 provided in subsection (b)(6), an interlocutory appeal from a
12 ruling of the presiding officer on discovery shall be allowed
13 only upon certification by the presiding officer that the ruling
14 involves an important question of law or policy which should be
15 resolved at that time. Notwithstanding the presiding officer's
16 certification, the commission shall have the authority to
17 dismiss summarily the interlocutory appeal if it should appear
18 that the certification was improvident. An interlocutory appeal
19 shall not result in a stay of the proceedings except upon a
20 finding by the presiding officer and the commission that
21 extraordinary circumstances exist.
22 (i) Protective orders.--The presiding officer shall have the
23 authority, upon motion by a party or by the person from whom
24 discovery is sought, and for good cause shown, to make any
25 order, subject to the rules of the commission, which justice
26 requires to protect the party or person.
27 (j) Other subpoenas.--The presiding officer shall have the
28 power in accordance with commission rules to issue subpoenas ad
29 testificandum and duces tecum at any time during the course of
30 the proceeding.
19770H0489B3394 - 45 -
1 § 334. Presiding officers.
2 (a) Presiding officers to decide.--The same presiding
3 officer shall to the fullest extent possible preside at all the
4 reception of evidence in a particular case to which he has been
5 assigned. The same presiding officer who presides at the
6 reception of evidence shall make the recommended decision or
7 initial decision except where such presiding officer becomes
8 unavailable to the commission.
9 (b) Outside consultation prohibited.--Save to the extent
10 required for the disposition of ex parte matters not prohibited
11 by this part, no presiding officer shall consult any person or
12 party on any fact in issue unless upon notice and opportunity
13 for all parties to participate; nor shall any presiding officer
14 be responsible to or subject to the supervision or direction of
15 any officer, employee or agent engaged in the performance of
16 investigative or prosecuting functions for the commission. No
17 employee, appointee, commissioner or official engaged in the
18 service of, or in any manner connected with the commission shall
19 engage in ex parte communications save to the extent permitted
20 by this part. No officer, employee or agent engaged in the
21 performance of investigative or prosecuting functions for the
22 commission in any case shall, in that or a factually related
23 case, participate or advise in the decision, recommended
24 decision or commission review, except as witness or counsel in
25 public proceedings.
26 (c) Ex parte communications.--Ex parte communications
27 prohibited in this section shall mean any off-the-record
28 communications to or by any member of the commission,
29 administrative law judge, or employee of the commission,
30 regarding the merits or any fact in issue of any matter pending
19770H0489B3394 - 46 -
1 before the commission in any contested on-the-record proceeding.
2 Contested on-the-record proceeding means a proceeding required
3 by a statute, constitution, published commission rule or
4 regulation or order in a particular case, to be decided on the
5 basis of the record of a commission hearing, and in which a
6 protest or a petition or notice to intervene in opposition to
7 requested commission action has been filed. This subsection does
8 not prohibit off-the-record communications to or by any employee
9 of the commission prior to the actual beginning of hearings in a
10 contested on-the-record proceeding when such communications are
11 solely for the purpose of seeking clarification of or
12 corrections in evidentiary materials intended for use in the
13 subsequent hearings.
14 § 335. Initial decisions.
15 (a) Procedures.--When the commission does not preside at the
16 reception of evidence, the presiding officer shall initially
17 decide the case, unless the commission requires, either in
18 specific cases or by general rule, the entire record to be
19 certified to it for decision. When the presiding officer makes
20 an initial decision, that decision then shall be approved by the
21 commission and may become the opinion of the commission without
22 further proceeding within the time provided by commission rule.
23 On review of the initial decision, the commission has all the
24 powers which it would have in making the initial decision except
25 as it may limit the issues on notice or by rule. When the
26 commission makes the decision in a rate determination proceeding
27 without having presided at the reception of the evidence, the
28 presiding officer shall make a recommended decision to the
29 commission in accordance with the provisions of this part.
30 Alternatively, in all other matters:
19770H0489B3394 - 47 -
1 (1) the commission may issue a tentative decision or one
2 of its responsible employees may recommend a decision; or
3 (2) this procedure may be omitted in a case in which the
4 commission finds on the record that due and timely execution
5 of the functions imperatively and unavoidably so requires.
6 (b) Exceptions or proposed findings and conclusions.--Before
7 a recommended, initial or tentative decision issued under this
8 section, or a decision on commission review of the decision of
9 subordinate employees, the parties are entitled to a reasonable
10 opportunity to submit for the consideration of the commission:
11 (1) (i) proposed findings and conclusions; or
12 (ii) exceptions to the decisions or recommended
13 decisions of subordinate employees or to tentative
14 commission decisions; and
15 (2) supporting reason for the exceptions or proposed
16 findings or conclusions.
17 (c) Record.--The record shall show the ruling on each
18 finding, conclusion or exception presented. All decisions,
19 including initial, recommended and tentative decisions, are a
20 part of the record and shall include a statement of:
21 (1) findings and conclusions, and the reasons or basis
22 therefor, on all material issues of fact, law or discretion
23 presented on the record; and
24 (2) the appropriate rule, order, sanction, relief or
25 denial thereof.
26 SUBPART B
27 COMMISSION POWERS, DUTIES, PRACTICES AND PROCEDURES
28 Chapter
29 5. Powers and Duties
30 7. Procedure on Complaints
19770H0489B3394 - 48 -
1 9. Judicial Proceedings
2 CHAPTER 5
3 POWERS AND DUTIES
4 Sec.
5 501. General powers.
6 502. Enforcement proceedings by commission.
7 503. Enforcement proceedings by Attorney General.
8 504. Reports by public utilities.
9 505. Duty to furnish information to commission; cooperation in
10 valuing property.
11 506. Inspection of facilities and records.
12 507. Designation of statutory agent. <--
13 508 507. Contracts between public utilities and
14 municipalities.
15 509 508. Power of the commission to vary, reform and revise <--
16 contracts.
17 510 509. Regulation of manufacture, sale or lease of <--
18 appliances.
19 511 510. Assessment for regulatory expenses upon public <--
20 utilities.
21 512 511. Disposition, appropriation and disbursement of <--
22 assessments and fees.
23 513 512. Power of commission to require insurance. <--
24 514 513. Public letting of contracts. <--
25 § 501. General powers.
26 (a) Enforcement of provisions of part.--In addition to any
27 powers expressly enumerated in this part, the commission shall
28 have full power and authority, and it shall be its duty to
29 enforce, execute and carry out, by its regulations, orders, or
30 otherwise, all and singular, the provisions of this part, and
19770H0489B3394 - 49 -
1 the full intent thereof; and shall have the power to rescind or
2 modify any such regulations or orders. The express enumeration
3 of the powers of the commission in this part shall not exclude
4 any power which the commission would otherwise have under any of
5 the provisions of this part.
6 (b) Administrative authority and regulations.--The
7 commission shall have general administrative power and authority
8 to supervise and regulate all public utilities doing business
9 within this Commonwealth. The commission may make such
10 regulations, not inconsistent with law, as may be necessary or
11 proper in the exercise of its powers or for the performance of
12 its duties.
13 (c) Compliance.--Every public utility, its officers, agents,
14 and employees, and every other person or corporation subject to
15 the provisions of this part, affected by or subject to any
16 regulations or orders of the commission or of any court, made,
17 issued, or entered under the provisions of this part, shall
18 observe, obey, and comply with such regulations or orders, and
19 the terms and conditions thereof.
20 § 502. Enforcement proceedings by commission.
21 Whenever the commission shall be of opinion that any person
22 or corporation, including a municipal corporation, is violating,
23 or is about to violate, any provisions of this part; or has
24 done, or is about to do, any act, matter, or thing herein
25 prohibited or declared to be unlawful; or has failed, omitted,
26 neglected, or refused, or is about to fail, omit, neglect, or
27 refuse, to perform any duty enjoined upon it by this part, or
28 has failed, omitted, neglected or refused, or is about to fail,
29 omit, neglect, or refuse to obey any lawful requirement,
30 regulation or order made by the commission; or any final
19770H0489B3394 - 50 -
1 judgment, order, or decree made by any court, then and in every
2 such case the commission may institute injunction, mandamus or
3 other appropriate legal proceedings, to restrain such violations
4 of the provisions of this part, or of the regulations, or orders
5 of the commission, and to enforce obedience thereto. No <--
6 injunction bond shall be required to be filed by the commission.
7 Such persons, corporations, or municipal corporations as the
8 court may deem necessary or proper to be joined as parties, in
9 order to make its judgment, order or writ effective, may be
10 joined as parties. The final judgment in any such action or
11 proceeding shall either dismiss the action or proceeding, or
12 direct that the writ of mandamus or injunction issue or be made
13 permanent as prayed for in the petition, or in such modified or
14 other form as will afford appropriate relief.
15 § 503. Enforcement proceedings by Attorney General.
16 The Attorney General, in addition to the exercise of the
17 powers and duties now conferred upon him by law, shall also,
18 upon request of the commission, or upon his own motion, proceed
19 in the name of the Commonwealth, by mandamus, injunction, or quo
20 warranto, or other appropriate remedy at law or, in equity, to
21 restrain violations of the provisions of this part, or of the
22 regulations or orders of the commission, or the judgments,
23 orders, or decrees of any court, or to enforce obedience
24 thereto.
25 § 504. Reports by public utilities.
26 The commission may require any public utility to file
27 periodical reports, at such times, and in such form, and of such
28 content, as the commission may prescribe, and special reports
29 concerning any matter whatsoever about which the commission is
30 authorized to inquire, or to keep itself informed, or which it
19770H0489B3394 - 51 -
1 is required to enforce. The commission may require any public
2 utility to file with it a copy of any report filed by such
3 public utility with any Federal department or regulatory body.
4 All reports shall be under oath or affirmation when required by
5 the commission.
6 § 505. Duty to furnish information to commission; cooperation
7 in valuing property.
8 Every public utility shall furnish to the commission, from
9 time to time, and as the commission may require, all accounts,
10 inventories, appraisals, valuations, maps, profiles, reports of
11 engineers, books, papers, records, and other documents or
12 memoranda, or copies of any and all of them, in aid of any
13 inspection, examination, inquiry, investigation, or hearing, or
14 in aid of any determination of the value of its property, or any
15 portion thereof, and shall cooperate with the commission in the
16 work of the valuation of its property, or any portion thereof,
17 and shall furnish any and all other information to the
18 commission, as the commission may require, in any inspection,
19 examination, inquiry, investigation, hearing, or determination
20 of such value of its property, or any portion thereof.
21 § 506. Inspection of facilities and records.
22 The commission shall have full power and authority, either by
23 or through its members, or duly authorized representatives,
24 whenever it shall deem it necessary or proper in carrying out
25 any of the provisions of, or its duties under this part, to
26 enter upon the premises, buildings, machinery, system, plant,
27 and equipment, and make any inspection, valuation, physical
28 examination, inquiry, or investigation of any and all plant and
29 equipment, facilities, property, and pertinent records, books,
30 papers, accounts, maps, inventories, appraisals, valuations,
19770H0489B3394 - 52 -
1 memoranda, documents, or effects whatsoever, of any public
2 utility, or prepared or kept for it by others, and to hold any
3 hearing for such purposes. In the performance of such duties,
4 the commission may have access to, and use any books, records,
5 or documents in the possession of, any department, board, or
6 commission of the Commonwealth, or any political subdivision
7 thereof.
8 § 507. Designation of statutory agent. <--
9 Every public utility, contract carrier by motor vehicle, and
10 broker shall file with the commission a designation in writing
11 of the name and post office address of a person within this
12 Commonwealth upon whom service of any notice, order, or process
13 may be made under this part. Such designation may, from time to
14 time, be changed by like writing similarly filed.
15 § 508 507. Contracts between public utilities and <--
16 municipalities.
17 Except for a contract between a public utility and a
18 municipal corporation to furnish service at the regularly filed
19 and published tariff rates, no contract or agreement between any
20 public utility and any municipal corporation shall be valid
21 unless filed with the commission at least 30 days prior to its
22 effective date. Upon notice to the municipal authorities, and
23 the public utility concerned, the commission may, prior to the
24 effective date of such contract or agreement, institute
25 proceedings to determine the reasonableness, legality or any
26 other matter affecting the validity thereof. Upon the
27 institution of such proceedings, such contract or agreement
28 shall not be effective until the commission grants its approval
29 thereof.
30 § 509 508. Power of commission to vary, reform and revise <--
19770H0489B3394 - 53 -
1 contracts.
2 The commission shall have power and authority to vary,
3 reform, or revise, upon a fair, reasonable, and equitable basis,
4 any obligations, terms, or conditions of any contract heretofore
5 or hereafter entered into between any public utility and any
6 person, corporation, or municipal corporation, which embrace or
7 concern a public right, benefit, privilege, duty, or franchise,
8 or the grant thereof, or are otherwise affected or concerned
9 with the public interest and the general well-being of this
10 Commonwealth. Whenever the commission shall determine, after
11 reasonable notice and hearing, upon its own motion or upon
12 complaint, that any such obligations, terms, or conditions are
13 unjust, unreasonable, inequitable, or otherwise contrary or
14 adverse to the public interest and the general well-being of
15 this Commonwealth, the commission shall determine and prescribe,
16 by findings and order, the just, reasonable, and equitable
17 obligations, terms, and conditions of such contract. Such
18 contract, as modified by the order of the commission, shall
19 become effective 30 days after service of such order upon the
20 parties to such contract.
21 § 510 509. Regulation of manufacture, sale or lease of <--
22 appliances.
23 It is unlawful for any public utility engaged in the
24 manufacture, sale, or lease of any appliance or equipment
25 offered by such public utility for sale to the public to:
26 (1) Discontinue service to any consumer for failure of
27 such consumer to pay the whole, or any installment, of the
28 purchase price, or rental, of any appliance or equipment sold
29 to such consumer.
30 (2) Apply to the purchase price or rental, or any part
19770H0489B3394 - 54 -
1 thereof, of any appliance or equipment purchased by, or
2 leased to, a consumer of the service of the public utility,
3 any deposit or other moneys of the consumer in the possession
4 of the public utility. This restriction does not apply to any
5 claims of the public utility against such consumer when such
6 claims arise from damages to meters or other facilities used
7 to measure and ascertain the quantity of service rendered by
8 the public utility.
9 (3) Employ in the manufacture, sale, or lease of any
10 such appliance or equipment, any property used in, or revenue
11 derived from, the rendering of service to the public, unless
12 separate accounts as to the property used and the costs
13 incurred by, and the revenue derived from, the manufacture,
14 lease, or sale of such appliance or equipment are adopted,
15 used, and kept by the public utility.
16 (4) Employ in the manufacture, sale, or lease of any
17 such appliance or equipment, the service of any officer or
18 employee engaged in rendering service to the public, unless
19 separate accounts as to the amount paid to such officer or
20 employee, while engaged in the manufacture, lease or sale of
21 such appliance or equipment, and whether any amount be
22 salary, bonus, commission, or expense are adopted, used, and
23 kept by the public utility.
24 § 511 510. Assessment for regulatory expenses upon public <--
25 utilities.
26 (a) Determination of assessment.--Before March 1 of each
27 year, the commission shall estimate its total expenditures in
28 the administration of this part for the fiscal year beginning
29 July of that year, which estimate shall not exceed three-tenths
30 of 1% of the total gross intrastate operating revenues of the
19770H0489B3394 - 55 -
1 public utilities under its jurisdiction for the preceding
2 calendar year. Such estimate shall be submitted to the Governor,
3 and to the appropriation committees of the House and Senate
4 through their respective chairmen, for their respective
5 approvals of such estimate in the amount submitted or such
6 lesser amount as each of them may determine. Unless the
7 Governor, or either committee through its chairman, shall notify
8 the commission in writing of his or its action within 30 days
9 after such submission, the estimate as submitted shall be deemed
10 approved by him or by the committee. The least of the amounts so
11 approved by the three approving authorities shall be the final
12 estimate; and approval of such least amount shall constitute
13 compliance with section 604 of the act of April 9, 1929
14 (P.L.177, No.175), known as "The Administrative Code of 1929."
15 The commission or its designated representatives shall be
16 afforded an opportunity to appear before the Senate and House
17 Appropriations Committees regarding their estimates. The
18 commission shall subtract from the final estimate:
19 (1) the estimated fees to be collected pursuant to
20 section 317 (relating to fees for services rendered by
21 commission); and
22 (2) the estimated balance of the appropriation,
23 specified in section 512 511 (relating to disposition, <--
24 appropriation and disbursement of assessments and fees), to
25 be carried over into such fiscal year from the preceding one.
26 The remainder so determined, herein called the total assessment,
27 shall be allocated to, and paid by, such public utilities in the
28 manner prescribed in this part.
29 (b) Allocation of assessment.--On or before March 31 of each
30 year, every public utility shall file with the commission a
19770H0489B3394 - 56 -
1 statement under oath showing its gross intrastate operating
2 revenues for the preceding calendar year. If any public utility
3 shall fail to file such statement on or before March 31, the
4 commission shall estimate such revenues, which estimate shall be
5 binding upon the public utility for the purposes of this
6 section. For each fiscal year, the allocation shall be made as
7 follows:
8 (1) The commission shall determine for the preceding
9 calendar year the amount of its expenditures directly
10 attributable to the regulation of each group of utilities
11 furnishing the same kind of service, and debit the amount so
12 determined to such group.
13 (2) The commission shall also determine for the
14 preceding calendar year the balance of its expenditures, not
15 debited as aforesaid, and allocate such balance to each group
16 in the proportion which the gross intrastate operating
17 revenues of such group for that year bear to the gross
18 intrastate operating revenues of all groups for that year.
19 (3) The commission shall then allocate the total
20 assessment prescribed by subsection (a) to each group in the
21 proportion which the sum of the debits made to it bears to
22 the sum of the debits made to all groups.
23 (4) Each public utility within a group shall then be
24 assessed for and shall pay to the commission such proportion
25 of the amount allocated to its group as the gross intrastate
26 operating revenues of the public utility for the preceding
27 calendar year bear to the total gross intrastate operating
28 revenues of its group for that year.
29 (c) Notice, hearing and payment.--The commission shall give
30 notice by registered or certified mail to each public utility of
19770H0489B3394 - 57 -
1 the amount lawfully charged against it under the provisions of
2 this section, which amount shall be paid by the public utility
3 within 30 days of receipt of such notice, unless the commission
4 specifies on the notices sent to all public utilities an
5 installment plan of payment, in which case each public utility
6 shall pay each installment on or before the date specified
7 therefor by the commission. Within 15 days after receipt of such
8 notice, the public utility against which such assessment has
9 been made may file with the commission objections setting out in
10 detail the grounds upon which the objector regards such
11 assessment to be excessive, erroneous, unlawful or invalid. The
12 commission, after notice to the objector, shall hold a hearing
13 upon such objections. After such hearing, the commission shall
14 record upon its minutes its findings on the objections and shall
15 transmit to the objector, by registered or certified mail,
16 notice of the amount, if any, charged against it in accordance
17 with such findings, which amount or any installment thereof then
18 due, shall be paid by the objector within ten days after receipt
19 of notice of the findings of the commission with respect to such
20 objections. If any payment prescribed by this subsection is not
21 made as aforesaid, the commission may suspend or revoke
22 certificates of public convenience, certify automobile
23 registrations to the Department of Transportation for suspension
24 or revocation or, through the Department of Justice, may
25 institute an appropriate action at law for the amount lawfully
26 assessed, together with any additional cost incurred by the
27 commission or the Department of Justice by virtue of such
28 failure to pay.
29 (d) Suits by public utilities.--No suit or proceeding shall
30 be maintained in any court for the purpose of restraining or in
19770H0489B3394 - 58 -
1 anywise delaying the collection or payment of any assessment
2 made under subsections (a), (b) and (c), but every public
3 utility against which an assessment is made shall pay the same
4 as provided in subsection (c). Any public utility making any
5 such payment may, at any time within two years from the date of
6 payment, sue the Commonwealth in an action at law to recover the
7 amount paid, or any part thereof, upon the ground that the
8 assessment was excessive, erroneous, unlawful, or invalid, in
9 whole or in part, provided objections, as hereinbefore provided,
10 were filed with the commission, and payment of the assessment
11 was made under protest either as to all or part thereof. In any
12 action for recovery of any payments made under this section, the
13 claimant shall be entitled to raise every relevant issue of law,
14 but the findings of fact made by the commission, pursuant to
15 this section, shall be prima facie evidence of the facts therein
16 stated. Any records, books, data, documents, and memoranda
17 relating to the expenses of the commission shall be admissible
18 in evidence in any court and shall be prima facie evidence of
19 the truth of their contents. If it is finally determined in any
20 such action that all or any part of the assessment for which
21 payment was made under protest was excessive, erroneous,
22 unlawful, or invalid, the commission shall make a refund to the
23 claimant out of the appropriation specified in section 512 511 <--
24 as directed by the court.
25 (e) Certain provisions not applicable.--The provisions of
26 this part relating to the judicial review of orders and
27 determinations of the commission shall not be applicable to any
28 findings, determinations, or assessments made under this
29 section. The procedure in this section providing for the
30 determination of the lawfulness of assessments and the recovery
19770H0489B3394 - 59 -
1 back of payments made pursuant to such assessment shall be
2 exclusive of all other remedies and procedures.
3 (f) Intent of section.--It is the intent and purpose of this
4 section that each public utility subject to this part shall
5 advance to the commission its reasonable share of the cost of
6 administering this part. The commission shall keep records of
7 the costs incurred in connection with the administration and
8 enforcement of this part or any other statute. The commission
9 shall also keep a record of the manner in which it shall have
10 computed the amount assessed against every public utility. Such
11 records shall be open to inspection by all interested parties.
12 The determination of such costs and assessments by the
13 commission, and the records and data upon which the same are
14 made, shall be considered prima facie correct; and in any
15 proceeding instituted to challenge the reasonableness or
16 correctness of any assessment under this section, the party
17 challenging the same shall have the burden of proof.
18 (g) Saving provision.--This section does not affect or
19 repeal any of the provisions of the act of July 31, 1968
20 (P.L.769, No.240), known as the "Commonwealth Documents Law."
21 § 512 511. Disposition, appropriation and disbursement of <--
22 assessments and fees.
23 (a) Payment into General Fund.--All assessments and fees
24 received, collected or recovered under this chapter shall be
25 paid by the commission into the General Fund of the State
26 Treasury through the Department of Revenue.
27 (b) Use and appropriation of funds.--All such assessments
28 and fees, having been advanced by public utilities for the
29 purpose of defraying the cost of administering this part, shall
30 be held in trust solely for that purpose, and shall be earmarked
19770H0489B3394 - 60 -
1 for the use of, and are hereby appropriated to, the commission
2 for disbursement solely for that purpose.
3 (c) Requisition of funds.--All requisitions upon such
4 appropriation shall be signed by the chairman and secretary of
5 the commission, or such deputies as they may designate in
6 writing to the State Treasurer, and shall be presented to the
7 State Treasurer and dealt with by him and the Treasury
8 Department in the manner prescribed by the act of April 9, 1929
9 (P.L.343, No.176), known as "The Fiscal Code."
10 § 513 512. Power of commission to require insurance. <--
11 The commission may, as to motor carriers, prescribe, by
12 regulation or order, such requirements as it may deem necessary
13 for the protection of persons or property of their patrons and
14 the public, including the filing of surety bonds, the carrying
15 of insurance, or the qualifications and conditions under which
16 such carriers may act as self-insurers with respect to such
17 matters. All motor carriers of passengers, whose current liquid
18 assets do not exceed their current liabilities by at least
19 $100,000, shall cover each and every vehicle, transporting such
20 passengers, with a public liability insurance policy or a surety
21 bond issued by an insurance carrier or a bonding company
22 authorized to do business in this Commonwealth, in such amounts
23 as the commission may prescribe, but not less than $5,000 for
24 one and $10,000 for more than one person injured in any one
25 accident.
26 § 514 513. Public letting of contracts. <--
27 Whenever the commission deems that the public interest so
28 requires, it may direct, by regulation or order, that any public
29 utility shall award contracts or agreements for the
30 construction, improvement, or extension, of its plant or system
19770H0489B3394 - 61 -
1 to the lowest responsible bidder, after a public offering has
2 been made, after advertisement and notice. Any such public
3 utility may participate as a bidder in any such public offering.
4 The commission may prescribe regulations relative to such
5 advertisement, notice, and public letting.
6 CHAPTER 7
7 PROCEDURE ON COMPLAINTS
8 Sec.
9 701. Complaints.
10 702. Service of complaints on parties.
11 703. Fixing of hearings.
12 § 701. Complaints.
13 The commission, or any person, corporation, or municipal
14 corporation having an interest in the subject matter, or any
15 public utility concerned, may complain in writing, setting forth
16 any act or thing done or omitted to be done by any public
17 utility in violation, or claimed violation, of any law which the
18 commission has jurisdiction to administer, or of any regulation
19 or order of the commission. Any public utility, or other person,
20 or corporation likewise may complain of any regulation or order
21 of the commission, which the complainant is or has been required
22 by the commission to observe or carry into effect. The
23 Commonwealth through the Attorney General may be a complainant
24 before the commission in any matter solely as an advocate for
25 the Commonwealth as a consumer of public utility services. The
26 commission may prescribe the form of complaints filed under this
27 section.
28 § 702. Service of complaints on parties.
29 Upon the filing of a complaint, the commission shall cause to
30 be served upon each party named in the complaint a copy of the
19770H0489B3394 - 62 -
1 complaint and notice from the commission calling upon such party
2 to satisfy the complaint, or to answer the same in writing,
3 within such time as is specified by the commission in the
4 notice. Service in all hearings, investigations and proceedings
5 pending before the commission shall be made by registered or
6 certified mail.
7 § 703. Fixing of hearings.
8 (a) Satisfaction of complaint or hearing.--If any party
9 complained against, within the time specified by the commission,
10 shall satisfy the complaint, the commission shall dismiss the
11 complaint. Such party shall be relieved from responsibility only
12 for the specific matter complained of. If such party shall not
13 satisfy the complaint within the time specified, and it shall
14 appear to the commission from a consideration of the complaint
15 and answer, or otherwise, that reasonable ground exists for
16 investigating such complaint, it shall be the duty of the
17 commission to fix a time and place for a hearing.
18 (b) Notice of hearing.--The commission shall fix the time
19 and place of hearing, within or without this Commonwealth, if
20 any is required, and shall serve notice thereof upon parties in
21 interest. The commission may dismiss any complaint without a
22 hearing if, in its opinion, a hearing is not necessary in the
23 public interest.
24 (c) Hearing and record.--All hearings before the commission,
25 or its representative, shall be public, and shall be conducted
26 in accordance with such regulations as the commission may
27 prescribe. A full and complete record shall be kept of all
28 proceedings had before the commission, or its representative, on
29 any formal hearing, and all testimony shall be taken down by a
30 reporter appointed by the commission, and the parties shall be
19770H0489B3394 - 63 -
1 entitled to be heard in person or by attorney, and to introduce
2 evidence.
3 (d) Informal hearings.--The commission may, in addition to
4 the hearings specially provided by this part, conduct such other
5 hearings as may be required in the administration of the powers
6 and duties conferred upon it by this part and by other acts
7 relating to public utilities. Reasonable notice of all such
8 hearings shall be given the persons interested therein.
9 (e) Decisions by commission.--After the conclusion of the
10 hearing, the commission shall make and file its findings and
11 order with its opinion, if any. Its findings shall be in
12 sufficient detail to enable the court on appeal, to determine
13 the controverted question presented by the proceeding, and
14 whether proper weight was given to the evidence. A copy of such
15 order, certified under the seal of the commission, shall be
16 served by registered or certified mail upon the party or parties
17 against whom it runs, or his attorney, and notice thereof shall
18 be given to the other parties to the proceedings or their
19 attorney. Such order shall take effect and become operative as
20 designated therein, and shall continue in force either for a
21 period which may be designated therein, or until changed or
22 revoked by the commission. The commission may grant and
23 prescribe such additional time as, in its judgment, is
24 reasonably necessary to comply with the order, and may, on
25 application and for good cause shown, extend the time for
26 compliance fixed in its order.
27 (f) Rehearing.--After an order has been made by the
28 commission, any party to the proceedings may, within 15 days
29 after the service of the order, apply for a rehearing in respect
30 of any matters determined in such proceedings and specified in
19770H0489B3394 - 64 -
1 the application for rehearing, and the commission may grant and
2 hold such rehearing on such matters. No application for a
3 rehearing shall in anywise operate as a supersedeas, or in any
4 manner stay or postpone the enforcement of any existing order,
5 except as the commission may, by order, direct. If the
6 application be granted, the commission may affirm, rescind, or
7 modify its original order.
8 (g) Rescission and amendment of orders.--The commission may,
9 at any time, after notice and after opportunity to be heard as
10 provided in this chapter, rescind or amend any order made by it.
11 Any order rescinding or amending a prior order shall, when
12 served upon the person, corporation, or municipal corporation
13 affected, and after notice thereof is given to the other parties
14 to the proceedings, have the same effect as is herein provided
15 for original orders.
16 CHAPTER 9
17 JUDICIAL PROCEEDINGS
18 Sec.
19 901. Right to trial by jury.
20 902. Costs on review.
21 903. Restriction on injunctions.
22 § 901. Right to trial by jury.
23 Nothing in this part shall be construed to deprive any party,
24 upon any judicial review of the proceedings and orders of the
25 commission, of the right to trial by jury of any issue of fact
26 raised thereby or therein, where such right is secured either by
27 the Constitution of Pennsylvania or the Constitution of the
28 United States, but in every such case such right of trial by
29 jury shall remain inviolate. When any judicial review is sought,
30 such right shall be deemed to be waived upon all issues, unless
19770H0489B3394 - 65 -
1 expressly reserved in such manner as shall be prescribed by the
2 court.
3 § 902. Costs on review.
4 The costs resulting from any review may not be imposed on the
5 commission except in cases where the complaint or proceeding was
6 instituted by the commission.
7 § 903. Restriction on injunctions.
8 No injunction shall issue modifying, suspending, staying or
9 annulling any order of the commission, or of a commissioner,
10 except in a proceeding questioning the jurisdiction of the
11 commission and then only after cause shown upon a hearing.
12 SUBPART C
13 REGULATION OF PUBLIC UTILITIES GENERALLY
14 Chapter
15 11. Certificates of Public Convenience
16 13. Rates and Rate Making
17 15. Service and Facilities
18 17. Accounting and Budgetary Matters
19 19. Securities and Obligations
20 21. Relations with Affiliated Interests
21 CHAPTER 11
22 CERTIFICATES OF PUBLIC CONVENIENCE
23 Sec.
24 1101. Organization of public utilities and beginning of
25 service.
26 1102. Enumeration of acts requiring certificate.
27 1103. Procedure to obtain certificates of public convenience.
28 1104. Certain appropriations by right of eminent domain
29 prohibited.
30 § 1101. Organization of public utilities and beginning of
19770H0489B3394 - 66 -
1 service.
2 Upon the application of any proposed public utility and the
3 approval of such application by the commission evidenced by its
4 certificate of public convenience first had and obtained, it
5 shall be lawful for any such proposed public utility to begin to
6 offer, render, furnish, or supply service within this
7 Commonwealth. The commission's certificate of public convenience
8 granted under the authority of this section shall include a
9 description of the nature of the service and of the territory in
10 which it may be offered, rendered, furnished or supplied.
11 § 1102. Enumeration of acts requiring certificate.
12 (a) General rule.--Upon the application of any public
13 utility and the approval of such application by the commission,
14 evidenced by its certificate of public convenience first had and
15 obtained, and upon compliance with existing laws, it shall be
16 lawful:
17 (1) For any public utility to begin to offer, render,
18 furnish or supply within this Commonwealth service of a
19 different nature or to a different territory than that
20 authorized by:
21 (i) A certificate of public convenience granted
22 under this part or under the former provisions of the act
23 of July 26, 1913 (P.L.1374, No.854), known as "The Public
24 Service Company Law," or the act of May 28, 1937
25 (P.L.1053, No.286), known as the "Public Utility Law."
26 (ii) An unregistered right, power or privilege
27 preserved by section 103 (relating to prior rights
28 preserved).
29 (2) For any public utility to abandon or surrender, in
30 whole or in part, any service, except that this provision is
19770H0489B3394 - 67 -
1 not applicable to discontinuance of service to a patron for
2 nonpayment of a bill, or upon request of a patron.
3 (3) For any public utility or an affiliated interest of
4 a public utility as defined in section 2101 (relating to
5 definition of affiliated interest), except a common carrier
6 by railroad subject to the Interstate Commerce Act, to
7 acquire from, or to transfer to, any person or corporation,
8 including a municipal corporation, by any method or device
9 whatsoever, including the sale or transfer of stock and
10 including a consolidation, merger, sale or lease, the title
11 to, or the possession or use of, any tangible or intangible
12 property used or useful in the public service. Such approval
13 shall not be required if:
14 (i) the undepreciated book value of the property to
15 be acquired or transferred does not exceed $1,000;
16 (ii) the undepreciated book value of the property to
17 be acquired or transferred does not exceed the lesser of:
18 (A) 2% of the undepreciated book value of all
19 fixed assets of such public utility; or
20 (B) $5,000 in the case of personalty or $50,000
21 in the case of realty;
22 (iii) the property to be acquired is to be installed
23 new as a part of or consumed in the operation of the used
24 and useful property of such public utility; or
25 (iv) the property to be transferred by such public
26 utility is obsolete, worn out or otherwise unserviceable.
27 Subparagraphs (i) through (iv) shall not be applicable, and
28 approval of the commission evidenced by a certificate of
29 public convenience shall be required, if any such acquisition
30 or transfer of property involves a transfer of patrons.
19770H0489B3394 - 68 -
1 (4) For any public utility to acquire 5% or more of the
2 voting capital stock of any corporation.
3 (5) For any municipal corporation to acquire, construct,
4 or begin to operate, any plant, equipment, or other
5 facilities for the rendering or furnishing to the public of
6 any public utility service beyond its corporate limits.
7 (b) Protection of railroad employees.--As a condition of its
8 approval of any transaction covered by this section and
9 involving those railroad carriers wholly located within this
10 Commonwealth subject to the provisions of this part, the
11 commission shall require a fair and equitable arrangement to
12 protect the interests of the railroad employees affected and the
13 commission shall include in its order of approval the terms and
14 conditions it deems fair and equitable for the protection of the
15 employees. The terms and conditions which the commission
16 prescribes shall provide that, during the period of four years
17 from the effective date of the order, the employees of the
18 railroad carrier affected by the order shall not be in a worse
19 position with respect to their employment except that any
20 protection afforded an employee shall not be required to
21 continue for a period longer than that during which the employee
22 was in the employ of the railroad carrier prior to the effective
23 date of the order. Notwithstanding any other provision of this
24 section, the commission may accept as fair and equitable an
25 agreement pertaining to the protection of the interests of the
26 employees entered into by the railroad carrier and the duly
27 authorized representatives of the employees.
28 § 1103. Procedure to obtain certificates of public
29 convenience.
30 (a) General rule.--Every application for a certificate of
19770H0489B3394 - 69 -
1 public convenience shall be made to the commission in writing,
2 be verified by oath or affirmation, and be in such form, and
3 contain such information, as the commission may require by its
4 regulations. A certificate of public convenience shall be
5 granted by order of the commission, only if the commission shall
6 find or determine that the granting of such certificate is
7 necessary or proper for the service, accommodation, convenience,
8 or safety of the public. The commission, in granting such
9 certificate, may impose such conditions as it may deem to be
10 just and reasonable. In every case, the commission shall make a
11 finding or determination in writing, stating whether or not its
12 approval is granted. Any holder of a certificate of public
13 convenience, exercising the authority conferred by such
14 certificate, shall be deemed to have waived any and all
15 objections to the terms and conditions of such certificate.
16 (b) Investigations and hearings.--For the purpose of
17 enabling the commission to make such finding or determination,
18 it shall hold such hearings, which shall be public, and, before
19 or after hearing, it may make such inquiries, physical
20 examinations, valuations, and investigations, and may require
21 such plans, specifications, and estimates of cost, as it may
22 deem necessary or proper in enabling it to reach a finding or
23 determination.
24 § 1104. Certain appropriations by right of eminent domain
25 prohibited.
26 Unless its power of eminent domain existed under prior law,
27 no domestic public utility or foreign public utility authorized
28 to do business in this Commonwealth shall exercise any power of
29 eminent domain within this Commonwealth until it shall have
30 received the certificate of public convenience required by
19770H0489B3394 - 70 -
1 section 1101 (relating to organization of public utilities and
2 beginning of service).
3 CHAPTER 13
4 RATES AND RATE MAKING
5 Sec.
6 1301. Rates to be just and reasonable.
7 1302. Tariffs; filing and inspection.
8 1303. Adherence to tariffs.
9 1304. Discrimination in rates.
10 1305. Advance payment of rates; interest on deposits.
11 1306. Apportionment of joint rates.
12 1307. Sliding scale of rates; adjustments.
13 1308. Voluntary changes in rates.
14 1309. Rates fixed on complaint; investigation of costs of
15 production.
16 1310. Temporary rates.
17 1311. Valuation of property of a public utility.
18 1312. Refunds.
19 1313. Price upon resale of public utility services.
20 § 1301. Rates to be just and reasonable.
21 Every rate made, demanded, or received by any public utility,
22 or by any two or more public utilities jointly, shall be just
23 and reasonable, and in conformity with regulations or orders of
24 the commission. Only public utility service being furnished or
25 rendered by a municipal corporation, or by the operating
26 agencies of any municipal corporation, beyond its corporate
27 limits, shall be subject to regulation and control by the
28 commission as to rates, with the same force, and in like manner,
29 as if such service were rendered by a public utility.
30 § 1302. Tariffs; filing and inspection.
19770H0489B3394 - 71 -
1 Under such regulations as the commission may prescribe, every
2 public utility shall file with the commission, within such time
3 and in such form as the commission may designate, tariffs
4 showing all rates established by it and collected or enforced,
5 or to be collected or enforced, within the jurisdiction of the
6 commission. The tariffs of any public utility also subject to
7 the jurisdiction of a Federal regulatory body shall correspond,
8 so far as practicable, to the form of those prescribed by such
9 Federal regulatory body. Every public utility shall keep copies
10 of such tariffs open to public inspection under such rules and
11 regulations as the commission may prescribe.
12 § 1303. Adherence to tariffs.
13 No public utility shall, directly or indirectly, by any
14 device whatsoever, or in anywise, demand or receive from any
15 person, corporation, or municipal corporation a greater or less
16 rate for any service rendered or to be rendered by such public
17 utility than that specified in the tariffs of such public
18 utility applicable thereto. The rates specified in such tariffs
19 shall be the lawful rates of such public utility until changed,
20 as provided in this part. Any public utility, having more than
21 one rate applicable to service rendered to a patron, shall,
22 after notice of service conditions, compute bills under the rate
23 most advantageous to the patron.
24 § 1304. Discrimination in rates.
25 No public utility shall, as to rates, make or grant any
26 unreasonable preference or advantage to any person, corporation,
27 or municipal corporation, or subject any person, corporation, or
28 municipal corporation to any unreasonable prejudice or
29 disadvantage. No public utility shall establish or maintain any
30 unreasonable difference as to rates, either as between
19770H0489B3394 - 72 -
1 localities or as between classes of service. Unless specifically
2 authorized by the commission, no public utility shall make,
3 demand, or receive any greater rate in the aggregate for the
4 transportation of passengers or property of the same class, or
5 for the transmission of any message or conversation for a
6 shorter than for a longer distance over the same line or route
7 in the same direction, the shorter being included within the
8 longer distance, or any greater rate as a through rate than the
9 aggregate of the intermediate rates. This section does not
10 prohibit the establishment of reasonable zone or group systems,
11 or classifications of rates or, in the case of common carriers,
12 the issuance of excursion, commutation, or other special tickets
13 at special rates, or the granting of nontransferable free
14 passes, or passes at a discount to any officer, employee, or
15 pensioner of such common carrier. No rate charged by a
16 municipality for any public utility service rendered or
17 furnished beyond its corporate limits shall be considered
18 unjustly discriminatory solely by reason of the fact that a
19 different rate is charged for a similar service within its
20 corporate limits.
21 § 1305. Advance payment of rates; interest on deposits.
22 No public utility shall require the payment of rates in
23 advance, or the making of minimum payments, ready to serve
24 charges, or deposits to secure future payments of rates, except
25 as the commission, by regulation or order, may permit. Any
26 deposit made by any domestic consumer, under the provisions of
27 this section or under any repealed statute supplied by this
28 part, shall be returned with any interest due thereon to the
29 consumer making such deposit when he shall have paid undisputed
30 bills for service over a period of 12 consecutive months.
19770H0489B3394 - 73 -
1 § 1306. Apportionment of joint rates.
2 Where public utilities entitled to share in any joint rate
3 shall be unable to agree upon the division thereof, or shall
4 make any unjust or unreasonable division or apportionment
5 thereof, the commission may, after hearing, upon its own motion
6 or upon complaint, fix the proportion to which each public
7 utility shall be entitled.
8 § 1307. Sliding scale of rates; adjustments.
9 (a) General rule.--Any public utility, except a common
10 carrier, may establish a sliding scale of rates or such other
11 method for the automatic adjustment of the rates of the public
12 utility as shall provide a just and reasonable return on the
13 fair value of the property used and useful in the public
14 service, to be determined upon such equitable or reasonable
15 basis as shall provide such fair return. A tariff showing the
16 scale of rates under such arrangement shall first be filed with
17 the commission, and such tariff, and each rate set out therein,
18 approved by it. The commission may revoke its approval at any
19 time and fix other rates for any such public utility if, after
20 notice and hearing, the commission finds the existing rates
21 unjust or unreasonable.
22 (b) Mandatory system for automatic adjustment.--The
23 commission, by regulation or order, upon reasonable notice and
24 after hearing, may prescribe for any class of public utilities,
25 except a common carrier, a mandatory system for the automatic
26 adjustment of their rates, by means of a sliding scale of rates
27 or other method, on the same basis as provided in subsection
28 (a), to become effective when and in the manner prescribed in
29 such regulation or order. Every such public utility shall,
30 within such time as shall be prescribed by the commission, file
19770H0489B3394 - 74 -
1 tariffs showing the rates established in accordance with such
2 regulation or order.
3 (c) Fuel cost adjustment.--In any method automatically
4 adjusting rates to reflect changes in fossil fuel cost under
5 this section, the fuel cost used in computing the adjustment
6 shall be limited, in the case of an electric utility, to the
7 cost of such fuel delivered to the utility at the generating
8 site at which it is to be consumed, and the cost of disposing of
9 solid waste from scrubbers or other devices designed so that the
10 consumption of Pennsylvania-mined coal at the generating site
11 would comply with the sulfur oxide emission standards prescribed
12 by the Commonwealth. The cost of fuel handling after such
13 delivery, or of waste disposal, other than as prescribed in this
14 section, shall be excluded from such computation. In any method
15 automatically adjusting rates to reflect changes in fuel cost
16 other than fossil fuel cost under this section, the fuel cost
17 used in computing the adjustment shall be limited, in the case
18 of an electric utility, to the cost of such fuel delivered to
19 the utility at the generating site at which it is to be consumed
20 after deducting therefrom the present salvage or reuse value of
21 such fuel, as shall be established by commission rule or order.
22 (d) Fuel cost adjustment audits.--The commission shall
23 conduct or cause to be conducted, at such times as it may order,
24 but at least annually, an audit of each public utility which, by
25 any method described in this section, automatically adjusts its
26 rates to reflect changes in its fuel costs, which audit shall
27 enable the commission to determine the propriety and correctness
28 of amounts billed and collected under this section. Whoever
29 performs the audit shall be a person knowledgable in the subject
30 matter encompassed within the operation of the automatic
19770H0489B3394 - 75 -
1 adjustment clause. The auditors report shall be in a form and
2 manner directed by the commission.
3 (e) Automatic adjustment reports and proceedings.--
4 (1) Within 30 days following the end of such 12-month
5 period as the commission shall designate, each public utility
6 using an automatic adjustment clause shall file with the
7 commission a statement which shall specify for such period:
8 (i) the total revenues received pursuant to the
9 automatic adjustment clause;
10 (ii) the total amount of that expense or class of
11 expenses incurred which is the basis of the automatic
12 adjustment clause; and
13 (iii) the difference between the amounts specified
14 by subparagraphs (i) and (ii).
15 Such report shall be a matter of public record and copies
16 thereof shall be made available to any person upon request to
17 the commission.
18 (2) Within 60 days following the submission of such
19 report by a public utility, the commission shall hold a
20 public hearing on the substance of the report and any matters
21 pertaining to the use by such public utility of such
22 automatic adjustment clause in the preceding period and may
23 include the present and subsequent periods.
24 (3) Absent good reason being shown to the contrary, the
25 commission shall, within 60 days following such hearing, by
26 order direct each such public utility to, over an appropriate
27 12-month period, refund to its patrons an amount equal to
28 that by which its revenues received pursuant to such
29 automatic adjustment clause exceeded the amount of such
30 expense or class of expenses, or recover from its patrons an
19770H0489B3394 - 76 -
1 amount equal to that by which such expense or class of
2 expenses exceeded the revenues received pursuant to such
3 automatic adjustment clause.
4 (4) For the purpose of this subsection, where a 12-month
5 report period and 12-month refund or recovery period shall
6 have been previously established or designated, nothing in
7 this section shall impair the continued use of such
8 previously established or designated periods nor shall
9 anything in this section prevent the commission from amending
10 at any time any method used by any utility in automatically
11 adjusting its rates, so as to provide the commission more
12 adequate supervision of the administration by a utility of
13 such method and to decrease the likelihood of collection by a
14 utility, in subsequent periods, of amounts greater or less
15 than that to which it is entitled, or, in the event that such
16 deficiency or surplus in collected amounts is found, more
17 prompt readjustment thereof.
18 § 1308. Voluntary changes in rates.
19 (a) General rule.--Unless the commission otherwise orders,
20 no public utility shall make any change in any existing and duly
21 established rate, except after 60 days notice to the commission,
22 which notice shall plainly state the changes proposed to be made
23 in the rates then in force, and the time when the changed rates
24 will go into effect. The public utility shall also give such
25 notice of the proposed changes to other interested persons as
26 the commission in its discretion may direct. All proposed
27 changes shall be shown by filing new tariffs, or supplements to
28 existing tariffs filed and in force at the time. The commission,
29 for good cause shown, may allow changes in rates, without
30 requiring the 60 days notice, under such conditions as it may
19770H0489B3394 - 77 -
1 prescribe.
2 (b) Hearing and suspension of rate change.--Whenever there
3 is filed with the commission by any public utility any tariff
4 stating a new rate, the commission may, either upon complaint or
5 upon its own motion, upon reasonable notice, enter upon a
6 hearing concerning the lawfulness of such rate, and pending such
7 hearing and the decision thereon, the commission, upon filing
8 with such tariff and delivering to the public utility affected
9 thereby a statement in writing of its reasons therefor, may, at
10 any time before it becomes effective, suspend the operation of
11 such rate for a period not longer than six months from the time
12 such rate would otherwise become effective, and an additional
13 period of not more than three months pending such decision. The
14 rate in force when the tariff stating the new rate was filed
15 shall continue in force during the period of suspension, unless
16 the commission shall establish a temporary rate as authorized in
17 section 1310 (relating to temporary rates). The commission shall
18 consider the effect of such suspension in finally determining
19 and prescribing the rates to be thereafter charged and collected
20 by such public utility. This subsection shall not apply to any
21 tariff stating a new rate which constitutes a general rate
22 increase as defined in subsection (d).
23 (c) Determination.--If, after such hearing, the commission
24 finds any such rate to be unjust or unreasonable, or in anywise
25 in violation of law, the commission shall determine the just and
26 reasonable rate to be charged or applied by the public utility
27 for the service in question, and shall fix the same by order to
28 be served upon the public utility and such rate shall thereafter
29 be observed until changed as provided by this part.
30 (d) General rate increases.--Whenever there is filed with
19770H0489B3394 - 78 -
1 the commission by any public utility described in paragraph
2 (1)(i),(ii),(vi) or (vii) of the definition of "public utility"
3 in section 102 (relating to definitions), and such other public
4 utility as the commission may by rule or regulation direct, any
5 tariff stating a new rate which constitutes a general rate
6 increase, the commission shall promptly enter into an
7 investigation and analysis of said tariff filing and may by
8 order setting forth its reasons therefor, upon complaint or upon
9 its own motion, upon reasonable notice, enter upon a hearing
10 concerning the lawfulness of such rate, and the commission may,
11 at any time by vote of a majority of the members of the
12 commission serving in accordance with law, permit such tariff to
13 become effective, except that absent such order such tariff
14 shall be suspended for a period not to exceed seven months from
15 the time such rate would otherwise become effective. Before the
16 expiration of such seven-month period, a majority of the members
17 of the commission serving in accordance with law, acting
18 unanimously, shall make a final decision and order, setting
19 forth its reasons therefor, granting or denying, in whole or in
20 part, the general rate increase requested. If, however, such an
21 order has not been made at the expiration of such seven-month
22 period, the proposed general rate increase shall go into effect
23 at the end of such period, but the commission may by order
24 require the interested public utility to refund, in accordance
25 with section 1312 (relating to refunds), to the persons in whose
26 behalf such amounts were paid, such portion of such increased
27 rates as by its decision shall be found not justified, plus
28 interest, which shall be the average rate of interest specified
29 for residential mortgage lending by the Secretary of Banking in
30 accordance with the act of January 30, 1974 (P.L.13, No.6),
19770H0489B3394 - 79 -
1 referred to as the Loan Interest and Protection Law, during the
2 period or periods for which the commission orders refunds. The
3 rate in force when the tariff stating such new rate was filed
4 shall continue in force during the period of suspension unless
5 the commission shall grant extraordinary rate relief as
6 prescribed in subsection (e). The commission shall consider the
7 effect of such suspension in finally determining and prescribing
8 the rates to be thereafter charged and collected by such public
9 utility, except that the commission shall have no authority to
10 prescribe, determine or fix, at any time during the pendency of
11 a general rate increase proceeding or prior to a final
12 determination of a general rate increase request, temporary
13 rates as provided in section 1310, which rates may provide
14 retroactive increases through recoupment. As used in this part
15 general rate increase means a tariff filing which affects more
16 than 5% of the customers and amounts to in excess of 3% of the
17 total gross annual intrastate operating revenues of the public
18 utility. If the public utility furnishes two or more types of
19 service, the foregoing percentages shall be determined only on
20 the basis of the customers receiving, and the revenues derived
21 from, the type of service to which the tariff filing pertains.
22 (e) Extraordinary rate relief.--Upon petition to the
23 commission at the time of filing of a rate request or at any
24 time during the pendency of proceedings on such rate request,
25 any public utility may seek extraordinary rate relief of such
26 portion of the total rate relief requested as can be shown to be
27 immediately necessary for the maintenance of financial stability
28 in order to enable the utility to continue providing normal
29 services to its customers, avoid reductions in its normal
30 maintenance programs, avoid substantially reducing its
19770H0489B3394 - 80 -
1 employment, and which will provide no more than the rate of
2 return on the utility's common equity established by the
3 commission in consideration of the utility's preceding rate
4 filing, except that no utility shall file, either with a request
5 for a general rate increase or at any time during the pendency
6 of such a request, more than one petition under this subsection
7 pertaining to rates for a particular type of service, nor any
8 supplement or amendment thereto, except when permitted to do so
9 by order of the commission. Any public utility requesting
10 extraordinary rate relief shall file with the petition
11 sufficient additional testimony and exhibits which will permit
12 the commission to make appropriate findings on the petition. The
13 public utility shall give notice of the petition in the same
14 manner as its filing upon which this petition is based. The
15 commission shall within 30 days from the date of the filing of a
16 petition for extraordinary rate relief, and after hearing for
17 the purpose of cross-examination of the testimony and exhibits
18 of the public utility, and the presentation of such other
19 evidentiary testimony as the commission may by rule prescribe,
20 by order setting forth its reasons therefor, grant or deny, in
21 whole or in part, the extraordinary relief requested. Absent
22 such order, the petition shall be deemed to have been denied.
23 Rates established pursuant to extraordinary rate relief shall
24 not be deemed to be temporary rates within the meaning of that
25 term as it is used in section 1310.
26 § 1309. Rates fixed on complaint; investigation of costs of
27 production.
28 Whenever the commission, after reasonable notice and hearing,
29 upon its own motion or upon complaint, finds that the existing
30 rates of any public utility for any service are unjust,
19770H0489B3394 - 81 -
1 unreasonable, or in anywise in violation of any provision of
2 law, the commission shall determine the just and reasonable
3 rates, including maximum or minimum rates, to be thereafter
4 observed and in force, and shall fix the same by order to be
5 served upon the public utility, and such rates shall constitute
6 the legal rates of the public utility until changed as provided
7 in this part. Whenever a public utility does not itself produce
8 or generate that which it distributes, transmits, or furnishes
9 to the public for compensation, but obtains the same from
10 another source, the commission shall have the power and
11 authority to investigate the cost of such production or
12 generation in any investigation of the reasonableness of the
13 rates of such public utility.
14 § 1310. Temporary rates.
15 (a) General rule.--The commission may, in any proceeding
16 involving the rates of a public utility, except a proceeding
17 involving a general rate increase, brought either upon its own
18 motion or upon complaint, after reasonable notice and hearing,
19 if it be of opinion that the public interest so requires,
20 immediately fix, determine, and prescribe temporary rates to be
21 charged by such public utility, pending the final determination
22 of such rate proceeding. Such temporary rates, so fixed,
23 determined, and prescribed, shall be sufficient to provide a
24 return of not less than 5% upon the original cost, less accrued
25 depreciation, of the physical property, when first devoted to
26 public use, of such public utility, used and useful in the
27 public service, and if the duly verified reports of such public
28 utility to the commission do not show such original cost, less
29 accrued depreciation, of such property, the commission may
30 estimate such cost less depreciation and fix, determine, and
19770H0489B3394 - 82 -
1 prescribe rates as hereinbefore provided.
2 (b) Exception where records unavailable.--If any public
3 utility does not have continuing property records, kept in the
4 manner prescribed by the commission under the provisions of
5 section 1702 (relating to continuing property records), then the
6 commission, after reasonable notice and hearing, may establish
7 temporary rates which shall be sufficient to provide a return of
8 not less than an amount equal to the operating income for such
9 prior calendar, fiscal or other year as the commission may deem
10 proper, to be determined on the basis of data appearing in the
11 annual report of such public utility to the commission for such
12 prior year as the commission may deem proper, plus or minus such
13 return as the commission may prescribe from time to time upon
14 such net changes of the physical property as are reported to and
15 approved for rate-making purposes by the commission. In
16 determining the net changes of the physical property, the
17 commission may, in its discretion, deduct from gross additions
18 to such physical property the amount charged to operating
19 expenses for depreciation or, in lieu thereof, it may determine
20 such net changes by deducting retirements from the gross
21 additions. The commission, in determining the basis for
22 temporary rates, may make such adjustments in the annual report
23 data as may, in the judgment of the commission, be necessary and
24 proper.
25 (c) Periodicity of rates.--The commission may fix,
26 determine, and prescribe temporary rates every month, or at any
27 other interval, if it be of opinion that the public interest so
28 requires, and the existence of proceedings begun for the purpose
29 of establishing final rates shall not prevent the commission
30 from changing every month, or at any other interval, such
19770H0489B3394 - 83 -
1 temporary rates as it has previously fixed, determined, and
2 prescribed.
3 (d) Excessive rates.--Whenever the commission, upon
4 examination of any annual or other report, or of any papers,
5 records, books, or documents, or of the property of any public
6 utility, shall be of opinion that any rates of such public
7 utility are producing a return in excess of a fair return upon
8 the fair value of the property of such public utility, used and
9 useful in its public service, the commission may, by order,
10 prescribe for a trial period of at least six months, which trial
11 period may be extended for one additional period of six months,
12 such temporary rates to be observed by such public utility as,
13 in the opinion of the commission, will produce a fair return
14 upon such fair value, and the rates so prescribed shall become
15 effective upon the date specified in the order of the
16 commission. Such rates, so prescribed, shall become permanent at
17 the end of such trial period, or extension thereof, unless at
18 any time during such trial period, or extension thereof, the
19 public utility involved shall complain to the commission that
20 the rates so prescribed are unjust or unreasonable. Upon such
21 complaint, the commission, after hearing, shall determine the
22 issues involved, and pending final determination the rates so
23 prescribed shall remain in effect.
24 (e) Effect and adjustment of rates.--Temporary rates so
25 fixed, determined, and prescribed under this section shall be
26 effective until the final determination of the rate proceeding,
27 unless terminated sooner by the commission. In every proceeding
28 in which temporary rates are fixed, determined, and prescribed
29 under this section, the commission shall consider the effect of
30 such rates in fixing, determining, and prescribing rates to be
19770H0489B3394 - 84 -
1 thereafter demanded or received by such public utility on final
2 determination of the rate proceeding.
3 § 1311. Valuation of property of a public utility.
4 The commission may, after reasonable notice and hearing,
5 ascertain and fix the fair value of the whole or any part of the
6 property of any public utility, insofar as the same is material
7 to the exercise of the jurisdiction of the commission, and may
8 make revaluations from time to time and ascertain the fair value
9 of all new construction, extensions, and additions to the
10 property of any public utility. When any public utility
11 furnishes more than one of the different types of utility
12 service, the commission shall segregate the property used and
13 useful in furnishing each type of such service, and shall not
14 consider the property of such public utility as a unit in
15 determining the value of the property of such public utility for
16 the purpose of fixing rates. In fixing any rate of a public
17 utility engaged exclusively as a common carrier by motor
18 vehicle, the commission may, in lieu of other standards
19 established by law, fix the fair return by relating the fair and
20 reasonable operating expenses, depreciation, taxes and other
21 costs of furnishing service to operating revenues.
22 § 1312. Refunds.
23 (a) General rule.--If, in any proceeding involving rates,
24 the commission shall determine that any rate received by a
25 public utility was unjust or unreasonable, or was in violation
26 of any regulation or order of the commission, or was in excess
27 of the applicable rate contained in an existing and effective
28 tariff of such public utility, the commission shall have the
29 power and authority to make an order requiring the public
30 utility to refund the amount of any excess paid by any patron,
19770H0489B3394 - 85 -
1 in consequence of such unlawful collection, within two FOUR <--
2 years prior to the date of the filing of the complaint, together
3 with interest at the legal rate from the date of each such
4 excessive payment. In making a determination under this section,
5 the commission need not find that the rate complained of was
6 extortionate or oppressive. Any order of the commission awarding
7 a refund shall be made for and on behalf of all patrons subject
8 to the same rate of the public utility. The commission shall
9 state in any refund order the exact amount to be paid, the
10 reasonable time within which payment shall be made, and shall
11 make findings upon pertinent questions of fact.
12 (b) Suit for refund.--If the public utility fails to make
13 refunds within the time for payment fixed by any final order of
14 the commission or court, any patron entitled to any refund may
15 sue therefor and the findings and order made by the commission
16 shall be prima facie evidence of the facts therein stated, and
17 that the amount awarded is justly due the plaintiff in such
18 suit, and the defendant public utility shall not be permitted to
19 avail itself of the defense that the service was, in fact,
20 rendered to the plaintiff at the rate contained in its tariffs
21 in force at the time payment was made and received, nor shall
22 the defendant public utility be permitted to avail itself of the
23 defense that the rate was reasonable. Any patron entitled to any
24 refund shall be entitled to recover, in addition to the amount
25 of refund, a penalty of 50% of the amount of such refund,
26 together with all court costs and reasonable attorney fees. No
27 suit may be maintained for a refund unless instituted within one
28 year from the date of the order of the commission or court. Any
29 number of patrons entitled to such refund may join as plaintiffs
30 and recover their several claims in a single action, in which
19770H0489B3394 - 86 -
1 action the court shall render a judgment severally for each
2 plaintiff as his interest may appear.
3 (c) Condition for suit.--No action shall be brought in any
4 court for a refund, unless and until the commission shall have
5 determined that the rate in question was unjust or unreasonable,
6 or in violation of any regulation or order of the commission, or
7 in excess of the applicable rate contained in an existing and
8 effective tariff, and then only to recover such refunds as may
9 have been awarded and directed to be paid by the commission in
10 such order.
11 § 1313. Price upon resale of public utility services.
12 Whenever any person, corporation or other entity, not a
13 public utility, electric cooperative corporation, municipality
14 authority or municipal corporation, purchases service from a
15 public utility and resells it to consumers, the bill rendered by
16 the reseller to any residential consumer shall not exceed the
17 amount which the public utility would bill its own residential
18 consumers for the same quantity of service under the residential
19 rate of its tariff then currently in effect.
20 CHAPTER 15
21 SERVICE AND FACILITIES
22 Sec.
23 1501. Character of service and facilities.
24 1502. Discrimination in service.
25 1503. Discontinuance of service.
26 1504. Standards of service and facilities.
27 1505. Proper service and facilities established on complaint.
28 1506. Copies of service contracts, etc., to be filed with
29 commission.
30 1507. Testing of appliances for measurement of service.
19770H0489B3394 - 87 -
1 1508. Reports of accidents.
2 1509. Billing procedures.
3 § 1501. Character of service and facilities.
4 Every public utility shall furnish and maintain adequate,
5 efficient, safe, and reasonable service and facilities, and
6 shall make all such repairs, changes, alterations,
7 substitutions, extensions, and improvements in or to such
8 service and facilities as shall be necessary or proper for the
9 accommodation, convenience, and safety of its patrons,
10 employees, and the public. Such service also shall be reasonably
11 continuous and without unreasonable interruptions or delay. Such
12 service and facilities shall be in conformity with the
13 regulations and orders of the commission. Subject to the
14 provisions of this part and the regulations or orders of the
15 commission, every public utility may have reasonable rules and
16 regulations governing the conditions under which it shall be
17 required to render service. Any public utility service being
18 furnished or rendered by a municipal corporation beyond its
19 corporate limits shall be subject to regulation and control by
20 the commission as to service and extensions, with the same force
21 and in like manner as if such service were rendered by a public
22 utility. The commission shall have sole and exclusive
23 jurisdiction to promulgate rules and regulations for the
24 allocation of natural or artificial gas supply by a public
25 utility.
26 § 1502. Discrimination in service.
27 No public utility shall, as to service, make or grant any
28 unreasonable preference or advantage to any person, corporation,
29 or municipal corporation, or subject any person, corporation, or
30 municipal corporation to any unreasonable prejudice or
19770H0489B3394 - 88 -
1 disadvantage. No public utility shall establish or maintain any
2 unreasonable difference as to service, either as between
3 localities or as between classes of service, but this section
4 does not prohibit the establishment of reasonable
5 classifications of service.
6 § 1503. Discontinuance of service.
7 (a) Days discontinuance prohibited.--Except when required to
8 prevent or alleviate an emergency as defined by the commission,
9 except in the case of danger to life or property, no public
10 utility, as defined in paragraph (1)(i),(ii),(v) or (vii) of the
11 definition of "public utility" in section 102 (relating to
12 definitions), shall discontinue, and the commission shall not
13 authorize such a public utility to discontinue, except upon
14 request of the customer, for nonpayment of charges or for any
15 other reason, the rendering of service during the following
16 periods:
17 (1) On Friday, Saturday or Sunday.
18 (2) On a bank holiday or on the day preceding a bank
19 holiday.
20 (3) On a holiday observed by the public utility or on
21 the day preceding such holiday. A holiday observed by a
22 public utility shall mean any day on which the business
23 office of the public utility is closed to observe a legal
24 holiday, to attend public utility meetings or functions or
25 for any other reason.
26 (4) On a holiday observed by the commission or on the
27 day preceding such holiday.
28 (b) Personal contact before service discontinued.--Except
29 when required to prevent or alleviate an emergency as defined by
30 the commission or except in the case of danger to life or
19770H0489B3394 - 89 -
1 property, no public utility referred to in subsection (a) shall
2 discontinue, and the commission shall not authorize such a
3 public utility to discontinue, except upon request of a
4 customer, for nonpayment of charges or for any other reason, the
5 rendering of service without personally contacting the customer
6 at least three days prior to such discontinuance, in addition to
7 any written notice of discontinuance of service. Personal
8 contact shall mean:
9 (1) contacting the customer by means other than writing,
10 or
11 (2) contacting another person whom the customer has
12 designated to receive a copy of any notice of disconnection,
13 or
14 (3) if the customer has not made such designation,
15 contacting a community interest group or other entity,
16 including local police departments, which have previously
17 agreed to receive a copy of the notice of disconnection and
18 to attempt to contact the customer, or
19 (4) if the customer has not made such designation and no
20 such community interest group or other entity has previously
21 agreed to receive a copy of the notice of disconnection,
22 contacting the commission or such other local government unit
23 as the commission shall, by rule or regulation, designate.
24 § 1504. Standards of service and facilities.
25 The commission may, after reasonable notice and hearing, upon
26 its own motion or upon complaint:
27 (1) Prescribe as to service and facilities, including
28 the crossing of facilities, just and reasonable standards,
29 classifications, regulations and practices to be furnished,
30 imposed, observed and followed by any or all public
19770H0489B3394 - 90 -
1 utilities.
2 (2) Prescribe adequate and reasonable standards for the
3 measurement of quantity, quality, pressure, initial voltage
4 or other condition pertaining to the supply of the service of
5 any and all public utilities.
6 (3) Prescribe reasonable regulations for the examination
7 and testing of such service, and for the measurement thereof.
8 (4) Prescribe or approve reasonable rules, regulations,
9 specifications and standards to secure the accuracy of all
10 meters and appliances for measurement.
11 (5) Provide for the examination and testing of any and
12 all appliances used for the measurement of any service of any
13 public utility.
14 § 1505. Proper service and facilities established on complaint.
15 Whenever the commission, after reasonable notice and hearing,
16 upon its own motion or upon complaint, finds that the service or
17 facilities of any public utility are unreasonable, unsafe,
18 inadequate, insufficient, or unreasonably discriminatory, or
19 otherwise in violation of this part, the commission shall
20 determine and prescribe, by regulation or order, the reasonable,
21 safe, adequate, sufficient, service or facilities to be
22 observed, furnished, enforced, or employed, including all such
23 repairs, changes, alterations, extensions, substitutions, or
24 improvements in facilities as shall be reasonably necessary and
25 proper for the safety, accommodation, and convenience of the
26 public.
27 § 1506. Copies of service contracts, etc., to be filed with
28 commission.
29 Any public utility shall, when required by the commission,
30 file with the commission verified copies of any and all
19770H0489B3394 - 91 -
1 contracts, writings, agreements, leases, arrangements, or other
2 engagements, in relation to its public service, entered into by
3 such public utility with any person, corporation, State
4 Government, or the Federal Government, or any branch or
5 subdivision thereof, or any other public utility.
6 § 1507. Testing of appliances for measurement of service.
7 Every public utility, furnishing service upon meter or other
8 similar measurement, shall provide, and keep in and upon the
9 premises of such public utility, suitable and proper apparatus,
10 to be approved from time to time and stamped or marked by the
11 commission, for testing and proving the accuracy of meters
12 furnished by such public utility for use; and by which apparatus
13 every meter may be tested, upon the written request of the
14 consumer to whom the same shall be furnished, and in the
15 presence of the consumer, if he shall so desire. If the meter so
16 tested shall be found to be accurate, within such commercially
17 reasonable limits as the commission may fix for such meters, a
18 reasonable fee, to be fixed by the commission, sufficient to
19 cover the cost of such test, shall be paid by the consumer
20 requiring such test; but, if not so found, then the cost thereof
21 shall be borne by the public utility furnishing the meter.
22 § 1508. Reports of accidents.
23 Every public utility shall give immediate notice to the
24 commission of the happening of any accident in or about, or in
25 connection with, the operation of its service and facilities,
26 wherein any person shall have been killed or injured, and
27 furnish such full and detailed report of such accident, within
28 such time and in such manner as the commission shall require.
29 Such report shall not be open for public inspection, except by
30 order of the commission, and shall not be admitted in evidence
19770H0489B3394 - 92 -
1 for any purpose in any suit or action for damages growing out of
2 any matter or thing mentioned in such report.
3 § 1509. Billing procedures.
4 All bills rendered by a public utility as defined in
5 paragraph (1)(i),(ii),(vi) or (vii) of the definition of "public
6 utility" in section 102 (relating to definitions) to its service
7 customers, except bills for installation charges, shall allow at
8 least 15 days for nonresidential customers and 20 days for
9 residential customers from the date of transmittal of the bill
10 for payment without incurring any late payment penalty charges
11 therefor. All customers shall be permitted to receive bills
12 monthly and shall be notified of their right thereto. All bills
13 shall be itemized to separately show amounts for basic service,
14 Federal excise taxes, applicable State sales and gross receipts
15 taxes, to the extent practicable, fuel adjustment charge, if
16 any, State tax adjustment charge or such other similar
17 components of the total bill as the commission may order. Any
18 electric or gas public utility billing customers on a bimonthly
19 or quarterly basis and rendering interim statements or bills
20 each month shall include in such interim statement or bill an
21 amount for the fuel adjustment charge based upon one-half of the
22 total expected bimonthly kilowatt hour or cubic foot billing or
23 one-third of the total expected quarterly billing and using the
24 fuel adjustment charge rate applicable in the month of the
25 interim statement or bill. At the time of preparing the
26 bimonthly or quarterly bill, an appropriate adjustment shall be
27 made in the total fuel adjustment charge billing for the period.
28 Any public utility rendering bills on a bimonthly basis or
29 quarterly basis shall calculate the fuel adjustment charge per
30 kilowatt hour or cubic foot for the entire period as the
19770H0489B3394 - 93 -
1 weighted average of the two monthly rates or the three monthly
2 rates whichever is applicable.
3 CHAPTER 17
4 ACCOUNTING AND BUDGETARY MATTERS
5 Sec.
6 1701. Mandatory systems of accounts.
7 1702. Continuing property records.
8 1703. Depreciation accounts; reports.
9 1704. Records and accounts to be kept in Commonwealth.
10 1705. Budgets of public utilities.
11 1706. Applicability to municipal corporations.
12 § 1701. Mandatory systems of accounts.
13 The commission may, after reasonable notice and hearing,
14 establish systems of accounts, including cost finding
15 procedures, to be kept by public utilities, or may classify
16 public utilities and establish a system of accounts for each
17 class, and prescribe the manner and form in which such accounts
18 shall be kept. Every public utility shall establish such systems
19 of accounting, and shall keep such accounts in the manner and
20 form required by the commission. The accounting system of any
21 public utility also subject to the jurisdiction of a Federal
22 regulatory body shall correspond, as far as practicable, to the
23 system prescribed by such Federal regulatory body. The
24 commission may require any such public utility to keep and
25 maintain supplemental or additional accounts to those required
26 by any such regulatory body.
27 § 1702. Continuing property records.
28 The commission may require any public utility to establish,
29 provide, and maintain as a part of its system of accounts,
30 continuing property records, including a list or inventory of
19770H0489B3394 - 94 -
1 all the units of tangible property used or useful in the public
2 service, showing the current location of such property units by
3 definite reference to the specific land parcels upon which such
4 units are located or stored. The commission may require any
5 public utility to keep accounts and records in such manner as to
6 show, currently, the original cost of such property when first
7 devoted to the public service, and the reserve accumulated to
8 provide for the depreciation thereof.
9 § 1703. Depreciation accounts; reports.
10 (a) Accounts.--Every public utility shall carry on its books
11 or records of account, proper and reasonable sums representing
12 the annual depreciation on its property used or useful in the
13 public service, which sums shall be based upon the average
14 estimated life of each of the several units or classes of
15 depreciable property. The commission, by appropriate order,
16 after hearing, shall, except where found to be inappropriate,
17 establish for each class of public utilities, the units of
18 depreciable property, the loss upon the retirement of which
19 shall be charged to the depreciation reserve.
20 (b) Statements.--Every public utility shall file with the
21 commission, at such times and in such form as the commission may
22 prescribe, statements setting forth the details supporting its
23 computation of annual depreciation, as recorded on the books or
24 records of accounts of the public utility. If the commission,
25 upon review of such statements, is of the opinion that the
26 amount of annual depreciation so recorded by any public utility
27 is not reasonable and proper, it may, after hearing, require
28 that provision be made for annual depreciation in such sums as
29 may be found by it to be reasonable and proper. In making its
30 findings, the commission shall give consideration to the
19770H0489B3394 - 95 -
1 experience of the public utility, and the predecessors of the
2 public utility in accumulating depreciation reserves, the
3 retirements actually made, and such other factors as may be
4 deemed relevant.
5 (c) Use of estimates.--The commission shall not be bound in
6 rate proceedings to accept, as just and reasonable for rate-
7 making purposes, estimates of annual depreciation established
8 under the provisions of this section, but in such rate
9 proceedings it shall give consideration to statements submitted
10 under this section, in addition to such other factors as may be
11 relevant.
12 § 1704. Records and accounts to be kept in Commonwealth.
13 (a) General rule.--Every public utility shall keep such
14 books, accounts, papers, records, and memoranda, as shall be
15 required by the commission, in an office within this
16 Commonwealth, and shall not remove the same, or any of them,
17 from this Commonwealth, except upon such terms and conditions as
18 may be prescribed by the commission.
19 (b) Exceptions.--This section does not apply to a public
20 utility of another state, engaged in interstate commerce, whose
21 accounts are kept at its principal place of business without
22 this Commonwealth, in the manner prescribed by any Federal
23 regulatory body. Such public utility, when required by the
24 commission, shall furnish to the commission, within such
25 reasonable time as it shall fix, certified copies of its books,
26 accounts, papers, records, and memoranda relating to the
27 business done by such public utility within this Commonwealth.
28 § 1705. Budgets of public utilities.
29 (a) Proposed budgets; adjustments; determination.--The
30 commission may, by regulation, require any class of public
19770H0489B3394 - 96 -
1 utilities, except common carriers, to file proposed budgets with
2 the commission on or before the first day of each budgetary
3 period, showing the amount of money which each public utility
4 within such class, will in its judgment, expend during the
5 budgetary period for payment of salaries of executive officers,
6 donations, advertising, lobbying expenses, entertainment,
7 political contributions, expenditures, and major contracts for
8 the sale or purchase of facilities, and all items covering or
9 contemplating any payment to any affiliated interest for advice,
10 auditing, associating, sponsoring, engineering, managing,
11 operating, financing, legal, or other services. Adjustments or
12 additions to any such budget may be made from time to time by
13 filing supplementary budgets with the commission. When any such
14 budget or supplemental budget has been filed, the commission may
15 examine into and investigate the same to determine whether any
16 or all of the contemplated expenditures are unreasonable or
17 contrary to the public interest and if after reasonable notice
18 and hearing, it shall so determine, it shall make its findings
19 and order in writing rejecting the same or any part thereof.
20 (b) Rejected budgets.--Upon such rejection, the public
21 utility concerned shall not make further expenditures or
22 payments under the budget or part thereof rejected, and no
23 expenditures at any time made under such rejected budget, or
24 part thereof, shall be allowed as an operating expense, or
25 capital expenditure in any rate or valuation proceeding, or in
26 any other proceeding or hearing before the commission, unless
27 and until the propriety thereof shall have been established to
28 the satisfaction of the commission, and any such finding or
29 order shall remain in full force and effect, unless and until
30 such finding or order shall be vacated, modified or set aside by
19770H0489B3394 - 97 -
1 the commission, or upon an appeal, as provided in this part.
2 (c) Use of budgets.--The filing of any budget, its
3 examination, investigation, or determination by the commission,
4 under this section, shall not bar or estop the commission from
5 determining, in any rate valuation or other proceeding, whether
6 any or all of the expenditures made under any budget or
7 supplemental budget are reasonable or commensurate with the
8 service or facilities received.
9 § 1706. Applicability to municipal corporations.
10 The provisions of sections 505 (relating to duty to furnish
11 information to commission; cooperation in valuing property), 506
12 (relating to inspection of facilities and records), 1701
13 (relating to mandatory systems of accounts) and 1703 (relating
14 to depreciation accounts; reports), shall apply to any municipal
15 corporation rendering or furnishing to the public any public
16 utility service.
17 CHAPTER 19
18 SECURITIES AND OBLIGATIONS
19 Sec.
20 1901. Registration of securities to be issued or assumed.
21 1902. Contents of securities certificates.
22 1903. Registration or rejection of securities certificates.
23 1904. Unauthorized securities may be declared void.
24 § 1901. Registration of securities to be issued or assumed.
25 (a) General rule.--Under such regulations as the commission
26 may prescribe, every public utility, before it shall issue or
27 assume securities, shall file with the commission and receive
28 from it, notice of registration of a document to be known as a
29 securities certificate.
30 (b) Issuance of securities defined.--Issuance of securities
19770H0489B3394 - 98 -
1 includes any act of a public utility executing, causing to be
2 authenticated, delivering or making any change or extension in
3 any term, condition or date of, any stock certificate, or other
4 evidence of equitable interest in itself or any bond, note,
5 trust certificate or other evidence of indebtedness of itself.
6 Issuance of securities does not include the execution,
7 authentication or delivery of the following:
8 (1) Securities to replace identical securities lost,
9 mutilated or destroyed while in the ownership of a bona fide
10 holder-for-value who properly indemnifies the public utility
11 therefor.
12 (2) Securities in exchange for the surrender of
13 identical securities, solely for the purpose of registering
14 or facilitating changes in the ownership thereof between bona
15 fide holders-for-value, which surrendered securities are
16 thereupon cancelled.
17 (3) Securities from the treasury of the public utility
18 previously reacquired from bona fide holders-for-value and
19 held alive.
20 (4) Any evidence of indebtedness, the date of maturity
21 of which is at a period of less than one year from the date
22 of its execution.
23 (5) Any evidence of indebtedness for which no date of
24 maturity is fixed but which matures upon demand of the
25 holder.
26 (6) Any evidence of indebtedness in the nature of a
27 contract between a public utility and a vendor of equipment
28 wherein the public utility promises to pay installments upon
29 the purchase price of equipment acquired and which is not in
30 the form of an equipment trust certificate or similar
19770H0489B3394 - 99 -
1 instrument readily marketable to the general public.
2 (c) Assumption of securities defined.--Assumption of
3 securities includes any act of a public utility assuming primary
4 or contingent liability for the payment of any dividends upon
5 any stocks or of any principal or interest of any indebtedness,
6 created or incurred by any other person or corporation.
7 Assumption of securities does not include the acquisition of all
8 property of the issuing company by the assuming company as
9 provided in section 1102(3) (relating to enumeration of acts
10 requiring certificate) if the approval of the commission is
11 obtained.
12 § 1902. Contents of securities certificates.
13 Every securities certificate shall be verified by oath or
14 affirmation, and shall be in such form, and contain such
15 information pertinent to a proposed issuance or assumption of
16 securities, as the commission may require by its regulations. If
17 two or more issues of securities are proposed to be issued or
18 assumed by a public utility, a separate securities certificate
19 shall be submitted to the commission for the issuance or
20 assumption of each security issue. All information submitted to
21 the commission or obtained through investigation or hearing
22 shall become a part of the securities certificate.
23 § 1903. Registration or rejection of securities certificates.
24 (a) General rule.--Upon the submission or completion of any
25 securities certificate, as provided in this part, the commission
26 shall register the same if it shall find that the issuance or
27 assumption of securities in the amount, of the character, and
28 for the purpose therein proposed, is necessary or proper for the
29 present and probable future capital needs of the public utility
30 filing such securities certificate; otherwise it shall reject
19770H0489B3394 - 100 -
1 the securities certificate. The commission may consider the
2 relation which the amount of each class of securities issued by
3 such public utility bears to the amount of other such classes,
4 the nature of the business of such public utility, its credit
5 and prospects, and other relevant matters. If, at the end of 30
6 days after the filing of a securities certificate, no order of
7 rejection has been entered, such certificate shall be deemed, in
8 fact and law, to have been registered. The commission may, by
9 written order, giving reasons therefor, extend the 30-day
10 consideration period.
11 (b) Effect of registration.--Such registration or rejection
12 may be as to all or part of the securities to which such
13 securities certificate pertains, and any registration may be
14 made subject to such conditions as the commission may deem
15 reasonable in the premises. No registration, however, shall be
16 construed to imply any guaranty or obligation on the part of the
17 Commonwealth as to such securities, nor shall it be taken as
18 requiring the commission, in any proceeding brought before it
19 for any purpose, to fix a valuation which shall be equal to the
20 total of such securities and any other outstanding securities of
21 such public utility, or to approve or prescribe a rate which
22 shall be sufficient to yield a return on such securities or the
23 total securities of such public utility.
24 (c) Written notice.--Written notice of the registration or
25 rejection of any securities certificate shall be served by
26 registered mail upon the public utility. Every notice of
27 rejection shall contain a statement of the specific reasons for
28 rejection. Both registered and rejected securities certificates
29 shall be retained in the files of the commission.
30 (d) Amendment of rejected certificate.--At any time within
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1 30 days after the commission shall have rejected a securities
2 certificate, the public utility submitting such securities
3 certificate may submit amendments thereto, verified by oath or
4 affirmation, whereupon the commission shall again consider and
5 act upon the securities certificate, as provided in subsection
6 (a); but a securities certificate which shall have been twice
7 rejected by the commission shall not be amended again. The
8 registration by the commission of a securities certificate,
9 either as completed or amended, shall bind the public utility
10 submitting such securities certificate to issue or assume the
11 securities only under the terms, and for the purpose recited in
12 such securities certificate and the issuance or assumption of
13 the securities under any other terms, or for any other purpose,
14 shall be unlawful.
15 (e) Judicial review.--Appeals from the action of the
16 commission upon any securities certificates may be taken as
17 provided by law. The completed securities certificate shall
18 constitute the record to be certified to the appellate court in
19 such appeal.
20 § 1904. Unauthorized securities may be declared void.
21 In addition to any other penalty provided in this part for
22 any violation of this chapter, the commission, after due
23 consideration of the public interest, may declare void any
24 securities issued, or any assumption of securities made in
25 violation of this chapter. Any such declaration shall not be
26 construed as a bar to the recovery, by an innocent holder-for-
27 value of such securities, of any losses sustained by reason of
28 the wrongful acts of the issuing or assuming public utility.
29 CHAPTER 21
30 RELATIONS WITH AFFILIATED INTERESTS
19770H0489B3394 - 102 -
1 Sec.
2 2101. Definition of affiliated interest.
3 2102. Approval of contracts with affiliated interest.
4 2103. Continuing supervision and jurisdiction over contracts.
5 2104. Contracts to be in writing; cost data.
6 2105. Contracts in violation of part void.
7 2106. Effect on rates.
8 2107. Federal regulatory agencies.
9 § 2101. Definition of affiliated interest.
10 (a) General rule.--As used in this part "affiliated
11 interest" with a public utility means and includes the
12 following:
13 (1) Every corporation and person owning or holding
14 directly or indirectly 5% or more of the voting securities of
15 such public utility.
16 (2) Every corporation and person in any chain of
17 successive ownership of 5% or more of voting securities.
18 (3) Every corporation 5% or more of whose voting
19 securities are owned by any person or corporation owning 5%
20 or more of the voting securities of such public utility or by
21 any person or corporation in any such chain of successive
22 ownership of 5% or more of voting securities.
23 (4) Every person who is an officer or director of such
24 public utility or of any corporation in any chain of
25 successive ownership of 5% or more of voting securities.
26 (5) Every corporation operating a public utility or a
27 servicing organization for furnishing supervisory,
28 construction, engineering, accounting, legal and similar
29 services to utilities, which has one or more officers or one
30 or more directors in common with such public utility, to
19770H0489B3394 - 103 -
1 every other corporation which has directors in common with
2 such public utility where the number of such directors is
3 more than one-third of the total number of the utility's
4 directors.
5 (6) Every corporation or person which the commission may
6 determine as a matter of fact after investigation and hearing
7 is actually exercising any substantial influence over the
8 policies and actions of such public utility even though such
9 influence is not based upon stockholding, stockholders,
10 directors or officers to the extent specified in this
11 section. As used in this part substantial influence means any
12 corporation or person which or who stands in such
13 relationship to the public utility that there is an absence
14 of free and equal bargaining power between it or him and the
15 public utility.
16 (7) Every person or corporation who or which the
17 commission may determine as a matter of fact after
18 investigation and hearing is actually exercising such
19 substantial influence over the policies and actions of such
20 public utility in conjunction with one or more other
21 corporations or persons, or both, with which or whom they are
22 related by ownership or blood relationship, or both, or by
23 action in concert that together they are affiliated with such
24 public utility within the meaning of this section even though
25 no one of them alone is so affiliated.
26 (b) Construction of section.--The term "person" shall not be
27 construed to exclude trustees, lessees, holders of beneficial
28 equitable interest, voluntary associations, receivers and
29 partnerships.
30 § 2102. Approval of contracts with affiliated interests.
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1 (a) General rule.--No contract or arrangement providing for
2 the furnishing of management, supervisory, construction,
3 engineering, accounting, legal, financial, or similar services,
4 and no contract or arrangement for the purchase, sale, lease, or
5 exchange of any property, right, or thing or for the furnishing
6 of any service, property, right or thing other than those above
7 enumerated, made or entered into after the effective date of
8 this section between a public utility and any affiliated
9 interest shall be valid or effective unless and until such
10 contract or arrangement has received the written approval of the
11 commission. If such contract is oral, a complete statement of
12 the terms and conditions thereof shall be filed with the
13 commission and subject to its approval.
14 (b) Filing and action on contract.--It shall be the duty of
15 every public utility to file with the commission a verified copy
16 of any such contract or arrangement, or a verified summary as
17 described in subsection (a) of any such unwritten contract or
18 arrangement. All such contracts and arrangements, whether
19 written or unwritten, entered into prior to the effective date
20 of this section and required to be on file with the commission
21 by prior act and in full force and effect at the effective date
22 of this section shall be subject to the provisions of the
23 sections regarding affiliated interests. The commission shall
24 approve such contract or arrangement made or entered into after
25 the effective date of this section only if it shall clearly
26 appear and be established upon investigation that it is
27 reasonable and consistent with the public interest. If at the
28 end of 30 days after the filing of a contract or arrangement, no
29 order of rejection has been entered, such contract or
30 arrangement, whether written or unwritten, shall be deemed, in
19770H0489B3394 - 105 -
1 fact and law, to have been approved. The commission may, by
2 written order, giving reasons therefor, extend the 30-day
3 consideration period. No such contract or arrangement shall
4 receive the commission's approval unless satisfactory proof is
5 submitted to the commission of the cost to the affiliated
6 interest of rendering the services or of furnishing the property
7 or service described herein to the public utility. No proof
8 shall be satisfactory within the meaning of the foregoing
9 sentence unless it includes the original (or verified copies) of
10 the relevant cost records and other relevant accounts of the
11 affiliated interest, or such abstract thereof or summary taken
12 therefrom as the commission may deem adequate, properly
13 identified and duly authenticated. The commission may, where
14 reasonable, approve or disapprove such contracts or arrangements
15 without the submission of such cost records or accounts.
16 (c) Disallowance of excessive amounts.--If the commission
17 shall determine that the amounts paid or payable under a
18 contract or arrangement filed in accordance with this section
19 are in excess of the reasonable price for furnishing the
20 services provided for in the contract, or that such services are
21 not reasonably necessary and proper, it shall disallow such
22 amounts, insofar as found excessive, in any proceeding involving
23 the rates or practices of the public utility. In any proceeding
24 involving such amounts, the burden of proof to show that such
25 amounts are not in excess of the reasonable price for furnishing
26 such services, and that such services are reasonable and proper,
27 shall be on the public utility.
28 (d) Exceptions.--The provisions requiring the written
29 approval of the commission shall not apply to transactions with
30 affiliated interests of any common carrier by railroad or motor
19770H0489B3394 - 106 -
1 vehicle that is subject to the Interstate Commerce Act unless
2 required by order of the commission, nor where the amount of
3 consideration involved is not in excess of $10,000 or 5% of the
4 par value of outstanding common stock, whichever is smaller.
5 Regularly recurring payments under a general or continuing
6 arrangement which aggregate a greater annual amount shall not be
7 broken down into a series of transactions to come within this
8 exemption. Where the commission has given its approval generally
9 as to a class or category of transactions, the commission may
10 apply such approval to all subsidiary or related transactions.
11 Such transactions shall be valid or effective without commission
12 approval under this section. However, in any proceeding
13 involving the rates or practices of the public utility, the
14 commission may disallow any payment or compensation made
15 pursuant to such transaction unless the public utility shall
16 establish the reasonableness of such payment or compensation.
17 § 2103. Continuing supervision and jurisdiction over contracts.
18 The commission shall have continuing supervisory control over
19 the terms and conditions of contracts and arrangements as
20 described in section 2102 (relating to approval of contracts
21 with affiliated interests) so far as necessary to protect and
22 promote the public interest. The commission shall have the same
23 jurisdiction over the modifications or amendment of contracts or
24 arrangements as it has over such original contracts and
25 arrangements. The fact that the commission shall have approved
26 entry into such contracts or arrangements shall not preclude
27 disallowance or disapproval of payments made pursuant thereto,
28 if upon actual experience under such contract or arrangement it
29 appears that the payments provided for or made were or are
30 unreasonable.
19770H0489B3394 - 107 -
1 § 2104. Contracts to be in writing; cost data.
2 The commission may, by regulation or order, require any
3 contract with an affiliated interest to be in writing. The
4 commission may also, by regulation or order, require that any
5 contract with an affiliated interest shall contain a provision
6 whereby the affiliated interest shall agree to furnish to the
7 public utility, at the time of billing such public utility for
8 any service, property, security, right, or thing, under such
9 contract, a detailed statement of the cost to the affiliated
10 interest of such service, property, security, right, or thing.
11 § 2105. Contracts in violation of part void.
12 Every contract with an affiliated interest, made effective or
13 modified in violation of any provision of this part, or of any
14 regulation or order of the commission made under this part,
15 shall be void; and any purchase, sale, payment, lease, loan, or
16 exchange of any service, property, money, security, right, or
17 thing under such contract, or under any contract with an
18 affiliated interest, the terms of which shall have been breached
19 by the affiliated interest, shall be unlawful.
20 § 2106. Effect on rates.
21 In any proceeding, upon the commission's own motion, or upon
22 application or complaint, involving rates or practices of any
23 public utility, the commission may disallow, in whole or in
24 part, any payment or compensation to an affiliated interest for
25 any services rendered or property or service furnished, or any
26 property, right, or thing received by such public utility, or
27 donation given or received, under existing contracts or
28 arrangements with such affiliated interest unless such public
29 utility shall establish the reasonableness thereof. In such
30 proceeding no payment shall be approved or allowed by the
19770H0489B3394 - 108 -
1 commission, in whole or in part, unless satisfactory proof is
2 submitted to the commission of the cost to the affiliated
3 interest of rendering the service or furnishing the service,
4 property, security, right or thing to the public utility. No
5 proof shall be satisfactory, within the meaning of the foregoing
6 sentence, unless it includes the original (or verified copies)
7 of the relevant cost records and other relevant accounts of the
8 affiliated interest, or such abstract thereof or summary taken
9 therefrom as the commission may deem adequate, properly
10 identified and duly authenticated. The commission may, where
11 reasonable, approve or disapprove such contracts or arrangements
12 without the submission of such cost records or accounts.
13 § 2107. Federal regulatory agencies.
14 The provisions of this chapter shall not be applicable to the
15 rates and related terms and conditions for the interstate
16 transmission of electricity, natural gas, liquified natural gas,
17 substitute natural gas, liquified propane gas or naphtha which
18 have been submitted to and approved by a Federal regulatory
19 agency having jurisdiction thereof, except that the commission
20 may regulate the volume of such purchases.
21 SUBPART D
22 SPECIAL PROVISIONS RELATING TO REGULATION
23 OF PUBLIC UTILITIES
24 Chapter
25 23. Common Carriers
26 25. Contract Carrier by Motor Vehicle and Broker
27 27. Railroads
28 29. Telephone and Telegraph Wires
29 CHAPTER 23
30 COMMON CARRIERS
19770H0489B3394 - 109 -
1 Sec.
2 2301. Operation and distribution of facilities of common
3 carriers.
4 2302. Transfers and time schedules of common carriers.
5 2303. Common carrier connections with other lines.
6 2304. Liability of common carriers for damages to property
7 in transit; bills of lading.
8 2305. Full crews.
9 § 2301. Operation and distribution of facilities of common
10 carriers.
11 Every common carrier shall furnish a reasonably sufficient
12 number of safe facilities, and run and operate the same with
13 such motive power as may reasonably be required, in the
14 transportation of all such passengers or property as may seek,
15 or be offered to it, for such transportation, and shall operate
16 its facilities with sufficient frequency, at such reasonable and
17 proper times, and to and from such stations or points, as the
18 commission, having regard to the accommodation, convenience, and
19 safety of the public, may require; and, when required by the
20 commission, shall change the time schedule for the operation of
21 its facilities, and, generally, shall make any other
22 arrangements and improvements in its service which the
23 commission may require. If, at any particular time, a common
24 carrier may not have sufficient facilities to meet the
25 requirements for the transportation of property, then it shall
26 lawfully distribute all available facilities among the several
27 applicants therefor without discrimination between shippers,
28 localities, or competitive or noncompetitive points, in
29 accordance with such regulations as the commission may
30 prescribe. Such regulations, in the case of common carriers also
19770H0489B3394 - 110 -
1 engaged in interstate commerce, shall conform so far as
2 practicable to those prescribed by any Federal regulatory body
3 on the subject. Preference may always be given in the supply of
4 facilities for transportation of fuel, livestock, or perishable
5 matter.
6 § 2302. Transfers and time schedules of common carriers.
7 Whenever the commission shall, after hearing had upon its own
8 motion or upon complaint, deem it necessary or proper for the
9 accommodation, convenience, and safety of the public in the
10 transportation of passengers, every common carrier shall
11 transfer such passengers to or from another part of the system
12 of such common carrier and, to this end, shall make proper and
13 convenient arrangement or adjustment of the time schedules of
14 such common carrier, and shall also make such proper and
15 convenient arrangement or adjustment of the time schedules of
16 such common carrier with those of like adjustment of the time
17 schedules of such common carrier with those of like, contiguous,
18 or connecting common carriers, as the commission shall deem
19 necessary or proper for the accommodation, convenience, and
20 safety of the public.
21 § 2303. Common carrier connections with other lines.
22 (a) General rule.--Every common carrier shall construct and
23 maintain, whenever the commission may, after hearing had upon
24 its own motion or upon complaint, require the same, such switch
25 or other connections with or between the lines of a like common
26 carrier, where the same is reasonably practical, to form a
27 continuous line of transportation, and to cause the
28 transportation of passengers or property between points within
29 this Commonwealth to be without unreasonable interruption or
30 delay, and shall establish through routes and service therein,
19770H0489B3394 - 111 -
1 and joint rates applicable thereto, and, where practicable,
2 shall transport passengers or property over the same without
3 transfer from the originating facilities. In case of failure of
4 the common carriers concerned to agree among themselves upon the
5 division of the cost of construction, maintenance, and operation
6 of the connections thus provided for, or the allowance to be
7 made for the interchange of service, the commission shall
8 ascertain and, by order, prescribe and fix the equitable and
9 just apportionment and division of the same.
10 (b) Limitation.--Every common carrier and motor carrier is
11 hereby prohibited from interchanging, receiving or delivering,
12 with, from or to any common carrier by motor vehicle which does
13 not have in force a certificate or permit authorizing it to
14 transport property within the jurisdiction of this part.
15 § 2304. Liability of common carriers for damages to property
16 in transit; bills of lading.
17 (a) General rule.--Every common carrier that receives
18 property for transportation between points within this
19 Commonwealth shall issue a receipt or bill of lading therefor,
20 and shall be liable to the lawful holder thereof for any loss,
21 damage, or injury to such property caused by it, or any other
22 common carrier to which such property may be delivered, or over
23 whose line such property may be transported. No contract,
24 receipt, rule or regulation shall exempt such common carrier
25 from the liability hereby imposed. The commission may, by
26 regulation or order, authorize or require any common carrier to
27 establish and maintain rates related to the value of shipments
28 declared in writing by the shipper, or agreed upon in writing as
29 the release value of such shipments; such declaration or
30 agreement to have no effect other than to limit liability and
19770H0489B3394 - 112 -
1 recovery to an amount not exceeding the value so declared or
2 released. Any tariff filed pursuant to such regulation or order
3 shall specifically refer thereto.
4 (b) Rights of holder and common carrier.--This section does
5 not deprive any lawful holder of such receipt or bill of lading
6 of any remedy or right of action which such holder has under
7 existing laws. Any common carrier issuing such receipt or bill
8 of lading shall, in the event of a recovery of a judgment
9 against, or of a satisfaction made by, such common carrier for
10 such loss or damage, be entitled to recover from the common
11 carrier on whose line the loss or damage shall have been
12 sustained, an amount not in excess of the loss or damage to such
13 property which the lawful holder of such bill of lading or
14 receipt would otherwise have been entitled to recover against
15 such last mentioned common carrier, and not in excess of the
16 amount actually paid to the holder of such receipt or bill of
17 lading.
18 § 2305. Full crews.
19 After reasonable notice and hearing had upon its own motion,
20 or upon complaint, the commission may, by order, require any
21 common carrier to employ such number of men upon any of its
22 facilities as, in the judgment of the commission, is requisite
23 for the safe and efficient operation of such facilities.
24 CHAPTER 25
25 CONTRACT CARRIER BY MOTOR VEHICLE AND BROKER
26 Sec.
27 2501. Declaration of policy and definitions.
28 2502. Regulation and classification of contract carrier and
29 broker.
30 2503. Permits required of contract carriers.
19770H0489B3394 - 113 -
1 2504. Dual operation by motor carriers.
2 2505. Licenses and financial responsibility required of
3 brokers.
4 2506. Copies of contracts to be filed with commission; charges
5 and changes therein.
6 2507. Minimum rates fixed and practices prescribed on
7 complaint.
8 2508. Accounts, records and reports.
9 2509. Temporary permits and licenses.
10 § 2501. Declaration of policy and definitions.
11 (a) Declaration of policy.--It is hereby declared to be the
12 policy of the General Assembly to regulate in this part the
13 service of common carriers by motor vehicle and forwarders in
14 such manner as to recognize and preserve the inherent advantages
15 of, and foster sound economic conditions in such service, and
16 among such carriers and forwarders in the public interest; to
17 promote safe, adequate, economical, and efficient service by
18 common carriers by motor vehicle and forwarders, and just and
19 reasonable rates therefor, without unjust discrimination, and
20 unfair or destructive practices; to improve the relations
21 between, and coordinate the service and regulation of, common
22 carriers by motor vehicle, forwarders, and other carriers; to
23 develop and preserve a safe highway transportation system
24 properly adapted to the needs of the commerce of this
25 Commonwealth and insure its availability between all points of
26 production and markets of this Commonwealth. It is hereby found
27 as a fact, after due investigation and deliberation, that the
28 service of common carriers by motor vehicle, forwarders,
29 contract carriers by motor vehicle, and brokers, including the
30 procurement and provision of motor vehicles and other facilities
19770H0489B3394 - 114 -
1 for the safe transportation of passengers or property over the
2 highways, are so closely interwoven and interdependent, and so
3 directly affect each other, that in order effectively to
4 regulate such common carriers by motor vehicle and forwarders,
5 and to provide a proper and safe highway transportation system
6 in the public interest, it is necessary to regulate the service
7 of such contract carriers by motor vehicle and brokers,
8 including the procurement and provision of motor vehicles and
9 other facilities for the safe transportation of passengers or
10 property over the highways, in the manner set forth in this
11 chapter.
12 (b) Definitions.--The following words and phrases when used
13 in this part shall have, unless the context clearly indicates
14 otherwise, the meanings given to them in this section:
15 "Broker." Any person or corporation not included in the term
16 "motor carrier" and not a bona fide employee or agent of any
17 such carrier, or group of such carriers, who or which, as
18 principal or agent, sells or offers for sale any transportation
19 by a motor carrier, or the furnishing, providing, or procuring
20 of facilities therefor, or negotiates for, or holds out by
21 solicitation, advertisement, or otherwise, as one who sells,
22 provides, furnishes, contracts, or arranges for such
23 transportation, or the furnishing, providing, or procuring of
24 facilities therefor, other than as a motor carrier directly or
25 jointly, or by arrangement with another motor carrier, and who
26 does not assume custody as a carrier.
27 "Contract carrier by motor vehicle."
28 (1) The term "contract carrier by motor vehicle"
29 includes any person or corporation who or which provides or
30 furnishes transportation of passengers or property, or both,
19770H0489B3394 - 115 -
1 or any class of passengers or property, between points within
2 this Commonwealth by motor vehicle for compensation, whether
3 or not the owner or operator of such motor vehicle, or who or
4 which provides or furnishes, with or without drivers, any
5 motor vehicle for such transportation, or for use in such
6 transportation, other than as a common carrier by motor
7 vehicle.
8 (2) The term "contract carrier by motor vehicle" does
9 not include:
10 (i) A lessor under a lease given on a bona fide sale
11 of a motor vehicle where the lessor retains or assumes no
12 responsibility for maintenance, supervision or control of
13 the motor vehicle so sold.
14 (ii) Any bona fide agricultural cooperative
15 association transporting property exclusively for the
16 members of such association on a nonprofit basis, or any
17 independent contractor hauling exclusively for such
18 association.
19 (iii) Any owner or operator of a farm transporting
20 agricultural products from or farm supplies to such farm,
21 or any independent contractor hauling agricultural
22 products or farm supplies, exclusively, for one or more
23 owners or operators of farms.
24 (iv) Transportation of school children for school
25 purposes or to and from school sponsored extra curricular
26 activities whether as participants or spectators,
27 together with chaperons who might accompany them as
28 designated by the board of school districts not exceeding
29 five in number, or between their homes and Sunday school
30 in any motor vehicle owned by the school district,
19770H0489B3394 - 116 -
1 private school or parochial school, or the transportation
2 of school children between their homes and school or to
3 and from school sponsored extra curricular or educational
4 activities whether as participants or spectators,
5 together with chaperons who might accompany them as
6 designated by the board of school directors not exceeding
7 five in number, if the person performing the extra
8 curricular transportation has a contract for the
9 transportation of school children between their homes and
10 school, with the private or parochial school, with the
11 school district or jointure in which the school is
12 located, or with a school district that is a member of a
13 jointure in which the school is located if the jointure
14 has no contracts with other persons for the
15 transportation of students between their homes and
16 school, and if the person maintains a copy of all
17 contracts in the vehicle at all times, or children
18 between their homes and Sunday school in any motor
19 vehicle operated under contract with the school district,
20 private school or parochial school.
21 (v) Any person or corporation who or which uses, or
22 furnishes for use, dump trucks for the transportation of
23 ashes, rubbish, excavated or road construction materials.
24 (vi) Transportation of voting machines to and from
25 polling places by any person or corporation for or on
26 behalf of any political subdivision of this Commonwealth
27 for use in any primary, general or special election.
28 (vii) Transportation of pulpwood, chemical wood, saw
29 logs or veneer logs from woodlots.
30 (viii) Transportation by towing of wrecked or
19770H0489B3394 - 117 -
1 disabled motor vehicles.
2 (ix) Any person or corporation who or which
3 furnishes transportation for any injured, ill or dead
4 person.
5 § 2502. Regulation and classification of contract carrier
6 and broker.
7 (a) Regulation.--The commission shall regulate:
8 (1) Contract carriers by motor vehicle, and to that end
9 the commission may prescribe minimum rates which are just and
10 reasonable, and establish requirements with respect to
11 uniform systems of accounts, records, reports, preservation
12 of records, safety of service and equipment and insurance.
13 (2) Brokers, and to that end the commission may
14 prescribe requirements with respect to licensing, financial
15 responsibility, accounts, reports, records, services and
16 practices of any such brokers.
17 (b) Classification.--The commission may from time to time
18 establish such classifications of contract carriers by motor
19 vehicle, or brokers, as the special nature of the service of
20 such carriers or brokers shall require and as deemed necessary
21 or desirable in the public interest.
22 § 2503. Permits required of contract carriers.
23 (a) General rule.--No person or corporation shall render
24 service as a contract carrier by motor vehicle unless there is
25 in force with respect to such carrier a permit issued by the
26 commission, authorizing such person or corporation to engage in
27 such business. The application for such permit shall be
28 determined by the commission in accordance with the provisions
29 of subsection (b).
30 (b) Application and issuance.--Every application for such
19770H0489B3394 - 118 -
1 permit shall be made to the commission in writing, be verified
2 by oath or affirmation, and shall be in such form and contain
3 such information as the commission may require by its
4 regulations. A permit shall be issued by the commission to any
5 qualified applicant therefor authorizing in whole or in part the
6 service covered by the application, if it appears from the
7 application, or from any hearing held thereon, that the
8 applicant is fit, willing and able properly to perform the
9 service of a contract carrier by motor vehicle, and to conform
10 to the provisions of this chapter and the lawful orders or
11 regulations of the commission thereunder, and that the proposed
12 service to the extent authorized by the permit will be
13 consistent with the public interest and the policy declared in
14 section 2501 (relating to declaration of policy and
15 definitions); otherwise such application shall be denied.
16 (c) Special permit provisions.--The commission shall specify
17 in the permit the business of the contract carrier by motor
18 vehicle covered thereby, and the route and area required in
19 serving the customers in such business, and shall attach to it,
20 at the time of issuance, and from time to time thereafter, such
21 reasonable terms, conditions, flexibility and limitations
22 consistent with the character of the holder as are necessary to
23 carry out, with respect to the service of such carrier, the
24 requirements of this part.
25 § 2504. Dual operation by motor carriers.
26 No person or corporation shall at the same time hold a
27 certificate of public convenience as a common carrier by motor
28 vehicle and a permit as a contract carrier by motor vehicle,
29 unless for good cause shown, the commission shall find that such
30 certificate and permit may be held consistently with the public
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1 interest.
2 § 2505. Licenses and financial responsibility required of
3 brokers.
4 (a) General rule.--No person or corporation shall engage in
5 the business of a broker in this Commonwealth unless such person
6 holds a brokerage license issued by the commission. No such
7 person or corporation, by virtue of a brokerage license, shall
8 render service as a motor carrier unless he holds a certificate
9 of public convenience or permit, as the case may be. It shall be
10 unlawful for any broker to employ any motor carrier who or which
11 is not the lawful holder of an effective certificate of public
12 convenience or permit.
13 (b) License application and issuance.--Every application for
14 a brokerage license shall be made to the commission in writing,
15 be verified by oath or affirmation, and shall be in such form
16 and contain such information as the commission may, by its
17 regulations, require. A brokerage license shall be issued to any
18 qualified applicant therefor, authorizing the whole or any part
19 of the service covered by the application, if it is found that
20 the applicant is fit, willing and able properly to perform the
21 service proposed and to conform to the provisions of this part
22 and the lawful orders and regulations of the commission
23 thereunder, and that the proposed service, to the extent
24 authorized by the license, will be consistent with the public
25 interest and the policy declared in section 2501 (relating to
26 declaration of policy and definitions); otherwise such
27 application shall be denied.
28 (c) Regulation and bond.--The commission shall prescribe
29 reasonable regulations to be observed by any broker for the
30 protection of passengers or property transported by motor
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1 vehicle, and no brokerage license shall be issued or remain in
2 force unless the holder thereof shall have furnished a bond or
3 other security approved by the commission, in such form and
4 amount as will insure the financial responsibility of the broker
5 and the transportation of passengers or property in accordance
6 with contracts, agreements or arrangements therefor.
7 (d) Transferability of permits and licenses.--Any permit or
8 brokerage license issued under this chapter may be transferred
9 pursuant to such regulations as the commission may prescribe.
10 § 2506. Copies of contracts to be filed with commission;
11 charges and changes therein.
12 (a) General rule.--It shall be the duty of every contract
13 carrier by motor vehicle to reduce to writing and file with the
14 commission all contracts, or copies thereof, pertaining to the
15 service of such carrier, and such schedules or other information
16 pertaining to the rates of such carrier, in such form and
17 detail, and at such times, as the commission may require. No
18 such contract carrier shall engage in the transportation of
19 passengers or property, unless the minimum charges for such
20 transportation by such carrier have been filed with the
21 commission, or copies of all contracts reduced to writing and
22 filed with the commission. No reduction shall be made in any
23 charge either directly or by means of any change in any rule,
24 regulation or practice affecting such charge, except after 60
25 days notice of the proposed change filed in such form and manner
26 as the commission may by regulation prescribe, but the
27 commission may, in its discretion, allow such change upon less
28 notice. Such notice shall plainly state the change proposed to
29 be made and the time when such change will become effective. No
30 such carrier shall demand, charge, or collect a less
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1 compensation for such transportation than the charges filed in
2 accordance with this section, as affected by any rule,
3 regulation, or practice so filed, or as prescribed by the
4 commission from time to time, and it shall be unlawful for any
5 such carrier, by the furnishing of special service, facilities,
6 or privileges, or by any other device whatsoever, to charge,
7 accept or receive less than the minimum charge so filed or
8 prescribed.
9 (b) Reduced charges.--Whenever any such contract carrier
10 shall file with the commission any schedule or contract stating
11 a reduced charge for the transportation of passengers or
12 property directly or by means of any rule, regulation or
13 practice, the commission is hereby authorized and empowered,
14 upon complaint, or upon its own motion, at once and if it so
15 orders, without answer or other formal pleading, but upon
16 reasonable notice, to enter upon a hearing concerning the
17 reasonableness and justness of such charge, rule, regulation, or
18 practice; and pending such hearing and decision thereon, the
19 commission, by filing with such schedule or contract, and
20 delivering to the carrier affected thereby, a statement in
21 writing of its reasons for such suspension, may suspend the
22 operation of such schedule or contract, or defer the use of such
23 charge, rule, regulation or practice for a period of 90 days;
24 and if the proceeding has not been concluded and a final order
25 made within such period, the commission may, from time to time,
26 extend the period of suspension, but not for a longer period in
27 the aggregate than 180 days beyond the time when it would
28 otherwise become effective; and after hearing, whether completed
29 before or after the charge, rule, regulation, or practice
30 becomes effective, the commission may make such order with
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1 reference thereto, as would be proper in a proceeding instituted
2 after it had become effective.
3 § 2507. Minimum rates fixed and practices prescribed on
4 complaint.
5 Whenever, after hearing upon complaint or its own motion, the
6 commission finds that any rate of any contract carrier by motor
7 vehicle, or any regulation or practice of any such carrier
8 affecting such rate for the transportation of passengers or
9 property, contravenes the public policy as set forth in section
10 2501 (relating to declaration of policy and definitions), the
11 commission may prescribe such minimum rates or such regulations
12 or practices as in its judgment may be just and reasonable to
13 promote the public interest. Such minimum rates or such
14 regulations or practices so prescribed by the commission shall
15 not be inconsistent with the policy declared in section 2501,
16 and the commission shall give due consideration to the cost of
17 the service of such carriers, and to the effect of such minimum
18 rates or such regulations or practices upon the transportation
19 of passengers or property by such carriers, and diversion of the
20 business of any common carrier by motor vehicle to other forms
21 of transportation. All complaints to the commission under this
22 section shall state fully the facts complained of and the
23 reasons for such complaints, and shall be made under oath or
24 affirmation.
25 § 2508. Accounts, records and reports.
26 (a) Reports.--The commission is hereby authorized to require
27 annual, periodical, or special reports from all contract
28 carriers by motor vehicle and brokers; to prescribe the manner
29 and form in which such reports shall be made; and to require
30 from such carriers and brokers, specific answers to all
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1 questions upon which the commission may deem information to be
2 necessary. Such reports shall be under oath or affirmation
3 whenever the commission so requires.
4 (b) Form of accounts and records.--The commission may
5 prescribe the forms of any and all accounts, records, and
6 memoranda, including the accounts, records, and memoranda of the
7 movement of traffic, as well as of the receipts and expenditures
8 of money, to be kept by contract carriers by motor vehicle, and
9 brokers, and the length of time such accounts, records, and
10 memoranda shall be preserved; and whenever the commission shall
11 so prescribe, it shall be the duty of every contract carrier by
12 motor vehicle, and broker, affected to comply therewith. In
13 every case of a contract carrier by motor vehicle, or broker,
14 subject to the jurisdiction of any Federal regulatory body, the
15 systems of accounts, records, and memoranda prescribed by the
16 commission shall conform, so far as practicable, to those
17 prescribed by such regulatory body.
18 § 2509. Temporary permits and licenses.
19 The commission, under such regulations as it shall prescribe,
20 may, without hearing, in proper cases, consider and approve
21 applications for permits and licenses, and in emergencies grant
22 temporary permits and licenses under this chapter, pending
23 action on permanent permits or licenses; but no application
24 shall be denied without right of hearing thereon being tendered
25 the applicant.
26 CHAPTER 27
27 RAILROADS
28 Sec.
29 2701. Railroad connections with sidetracks and laterals.
30 2702. Construction, relocation, suspension and abolition of
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1 crossings.
2 2703. Ejectment in crossing cases.
3 2704. Compensation for damages occasioned by construction,
4 relocation or abolition of crossings.
5 2705. Speedometers and speed recorders.
6 2706. Flag protection.
7 § 2701. Railroad connections with sidetracks and laterals.
8 (a) General rule.--Every public utility engaged in a
9 railroad business shall, upon application of any owner or
10 operator of any lateral railroad, or any private sidetrack, or
11 of any shipper tendering property for transportation, or of any
12 consignee, construct, maintain, and operate, at a reasonable
13 place and upon reasonable terms, a switch connection with any
14 such lateral railroad or private sidetrack which may be
15 constructed to connect with its railroad, where such connection
16 may be reasonably practicable and can be put in with safety, and
17 will furnish sufficient business to justify the construction and
18 maintenance of the same.
19 (b) Additional connections and use.--Whenever any lateral
20 line of railroad or private sidetrack has been so connected with
21 a line of any railroad, or whenever any owner of such lateral
22 railroad or private sidetrack has at any time heretofore sold or
23 leased, or shall hereafter sell or lease, such lateral railroad
24 or sidetrack to any public utility engaged in a railroad
25 business, any person or corporation, including a municipal
26 corporation, shall be entitled to connect therewith, or to use
27 the same upon payment to the party incurring the primary expense
28 thereof of a reasonable proportion of the cost of such lateral
29 railroad or private sidetrack, and of the maintenance thereof,
30 which shall be determined, in case of disagreement among the
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1 parties, by the commission, after notice to the interested
2 parties, and a hearing. Such connection and use can SHALL be <--
3 made without unreasonable interference with the use thereof by
4 the party incurring the primary expense of owning or leasing
5 such lateral railroad or sidetrack.
6 § 2702. Construction, relocation, suspension and abolition of
7 crossings.
8 (a) General rule.--No public utility, engaged in the
9 transportation of passengers or property, shall, without prior
10 order of the commission, construct its facilities across the
11 facilities of any other such public utility or across any
12 highway at grade or above or below grade, or at the same or
13 different levels; and no highway, without like order, shall be
14 so constructed across the facilities of any such public utility,
15 and, without like order, no such crossing heretofore or
16 hereafter constructed shall be altered, relocated, suspended or
17 abolished.
18 (b) Acquisition of property and regulation of crossing.--The
19 commission is hereby vested with exclusive power to appropriate
20 property for any such crossing, except as to such property as
21 has been or may hereafter be condemned by the Department of
22 Transportation for projects financed entirely by the
23 Commonwealth and for Federal Aid Projects under section 1004 of
24 the act of June 1, 1945 (P.L.1242, No.428), known as the "State
25 Highway Law," in which case the provisions of that statute shall
26 be in effect, and to determine and prescribe, by regulation or
27 order, the points at which, and the manner in which, such
28 crossing may be constructed, altered, relocated, suspended or
29 abolished, and the manner and conditions in or under which such
30 crossings shall be maintained, operated, and protected to
19770H0489B3394 - 126 -
1 effectuate the prevention of accidents and the promotion of the
2 safety of the public. The commission shall require every
3 railroad the right-of-way of which crosses a public highway at
4 grade to cut or otherwise control the growth of brush and weeds
5 upon property owned by the railroad within 200 feet of such
6 crossing on both sides and in both directions so as to insure
7 proper visibility by motorists.
8 (c) Mandatory relocation, alteration, suspension or
9 abolition.--Upon its own motion or upon complaint, the
10 commission shall have exclusive power after hearing, upon notice
11 to all parties in interest, including the owners of adjacent
12 property, to order any such crossing heretofore or hereafter
13 constructed to be relocated or altered, or to be suspended or
14 abolished upon such reasonable terms and conditions as shall be
15 prescribed by the commission. In determining the plans and
16 specifications for any such crossing, the commission may lay
17 out, establish, and open such new highways as, in its opinion,
18 may be necessary to connect such crossing with any existing
19 highway, or make such crossing more available to public use; and
20 may abandon or vacate such highways or portions of highways as,
21 in the opinion of the commission, may be rendered unnecessary
22 for public use by the construction, relocation, or abandonment
23 of any of such crossings. The commission may order the work of
24 construction, relocation, alteration, protection, suspension or
25 abolition of any crossing aforesaid to be performed in whole or
26 in part by any public utility or municipal corporation concerned
27 or by the Commonwealth.
28 (d) Procedure for appropriation of property.--When any real
29 property is appropriated by the commission under this section,
30 each parcel of such property so appropriated, shall be
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1 accurately described by metes and bounds, and the record owner
2 of each such parcel shall be named in the order of
3 appropriation. Unless otherwise recorded, the commission shall
4 file with the recorder of deeds of the proper county, a copy of
5 that portion of the order of the commission which appropriates
6 such property, and such plans and other detailed information as
7 the commission may deem necessary. Such portion of the
8 commission's order dealing with the specific property
9 appropriated shall be recorded and indexed under the name or
10 names of the record owners of such specific property at the
11 expense of the utility or utilities, political subdivision,
12 municipality or municipalities, governmental agency, including
13 the Department of Transportation and Public Utility Commission,
14 corporation or persons upon whose instigation, petition or
15 complaint the said crossing was constructed, reconstructed,
16 relocated, altered, suspended or abolished, as may be ordered,
17 to bear such expense or recording by the commission. When such
18 appropriation of real property has been recorded under the
19 provisions of any other statute, such recording shall not be
20 duplicated under the terms of this subsection.
21 (e) Reactivation.--The commission may, within its discretion
22 upon petition by any railroad, the Commonwealth, a political
23 subdivision or any other affected party by order reactivate any
24 crossing suspended under this section.
25 (f) Danger to safety.--Upon the commission's finding of an
26 immediate danger to the safety and welfare of the public at any
27 such crossing, the commission shall order the crossing to be
28 immediately altered, improved, or suspended. Thereafter hearing
29 shall be held and costs shall be allocated in the manner
30 prescribed in this part.
19770H0489B3394 - 128 -
1 (g) Suspensions.--Any order of suspension under this section
2 shall require the following for the protection of the motoring
3 public:
4 (1) Removal or covering of crossing warning devices.
5 (2) (i) Paving over the tracks; or
6 (ii) removal of the tracks and paving over of the
7 area formerly occupied by said tracks; or
8 (iii) barricading the crossing.
9 § 2703. Ejectment in crossing cases.
10 When any real property is appropriated by the commission in
11 connection with a crossing improvement under this part, the
12 commission may direct the removal of all structures within the
13 lines of such appropriation. In any case where any such order <--
14 has been or shall be made, the court of common pleas of the
15 county wherein the property appropriated shall be situate, may,
16 upon petition by the commission, the Department of
17 Transportation or the county commissioners, issue a writ or
18 writs of possession. The petition shall be served upon the
19 parties named therein and such other parties as the court may
20 direct. If no answer is filed, or if an answer is filed, and
21 after such hearing as the court shall direct, it shall deem the
22 same to be insufficient, the court shall, upon motion, direct
23 such writ to issue, and shall order and direct the sheriff to
24 execute such writ and deliver possession to the Commonwealth or
25 the county, as the case may be. Such procedure shall not be
26 considered as in derogation of, or in any manner affecting, any
27 other powers or procedure possessed by the Commonwealth or
28 county in such cases. No bond or other form of security shall be
29 required to be filed by the Commonwealth or the county.
30 § 2704. Compensation for damages occasioned by construction,
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1 relocation or abolition of crossings.
2 (a) General rule.--The compensation for damages which the
3 owners of adjacent property taken, injured, or destroyed may
4 sustain in the construction, relocation, alteration, protection,
5 or abolition of any crossing under the provisions of this part,
6 shall, after due notice and hearing, be ascertained and
7 determined by the commission. Such compensation, as well as the
8 cost of construction, relocation, alteration, protection, or
9 abolition of such crossing, and of facilities at or adjacent to
10 such crossing which are used in any kind of public utility
11 service, shall be borne and paid, as provided in this section,
12 by the public utilities or municipal corporations concerned, or
13 by the Commonwealth, in such proper proportions as the
14 commission may, after due notice and hearing, determine, unless
15 such proportions are mutually agreed upon and paid by the
16 interested parties.
17 (b) Judicial review.--Any party to the proceeding
18 dissatisfied with the determination of the commission may appeal
19 therefrom, as provided by law, and for this purpose is hereby
20 authorized to sue the Commonwealth. The commission may, of its
21 own motion, or upon application of any party in interest, submit
22 to the court of common pleas of the county wherein the property
23 affected is located, the determination of the amount of damages
24 to any property owner due to such condemnation, for which
25 purpose such court shall appoint viewers, from whose award of
26 damages an appeal to said court shall lie on the part of any
27 person or party aggrieved thereby, under the general law
28 applicable to the appointment of viewers, for the ascertainment
29 of damages due to the condemnation of private property for
30 public use.
19770H0489B3394 - 130 -
1 (c) Payment of compensation.--The amount of damages or
2 compensation determined and awarded to be paid the owners of
3 adjacent property by the Commonwealth shall, in each instance,
4 be paid by the State Treasurer, on a warrant drawn by the State
5 Treasurer, upon the presentation to that officer of a statement
6 setting forth the amount determined to be paid as aforesaid,
7 duly certified by the commission; such payment to be paid out of
8 any funds specifically appropriated for the improvement of the
9 roads or highways of this Commonwealth; and in case of a verdict
10 and judgment thereon for the damages or compensation, recorded
11 by any such adjacent property owners upon appeal, the same shall
12 be paid out of any funds appropriated as aforesaid; and any
13 court of common pleas hearing and determining such appeal is
14 hereby authorized and empowered to issue a writ of mandamus to
15 such commission and the State Treasurer, or either of them, as
16 the case may require, for the payment of such judgment.
17 (d) Recovery of compensation.--The commission shall have the
18 right to recover, for and on behalf of the Commonwealth, by due
19 process of law, as debts of like amount are now by law
20 recoverable, from the public utility or municipal corporation
21 concerned, in such amounts or proportions against each as may be
22 determined by the commission, as hereinbefore provided in this
23 section, the amount of the damages or compensation awarded to
24 the owners of adjacent property by the commission, or by the
25 court, and the amounts so received shall be paid into the State
26 Treasury, through the Department of Revenue, to the credit of
27 the Motor License Fund.
28 § 2705. Speedometers and speed recorders.
29 (a) General rule.--No railroad locomotive shall be operated
30 in excess of 30 miles per hour in this Commonwealth without a
19770H0489B3394 - 131 -
1 device or devices making a permanent record of the speed at <--
2 which the locomotive is traveling and providing the engineer or
3 operator of the locomotive with a view of such speed. Both
4 devices shall be functioning correctly within four miles per
5 hour.
6 (b) Exceptions.--Locomotives operated or used exclusively
7 within designated yard limits in switching or transfer service
8 need not be equipped in accordance with the provisions of this
9 section. Locomotives while being used in commuter passenger
10 service need not be equipped with a speed recording device.
11 (c) Notification of compliance.--Each railroad shall notify
12 the commission of the date that each locomotive comes into
13 compliance with the provisions of this section. The notification
14 shall state the serial number or other identification of the
15 locomotive.
16 (d) Schedule of regulated locomotives.--Each railroad
17 affected by the provisions of this section shall maintain at a
18 designated location a list or schedule of the locomotives
19 referred to in this section. It shall set forth, along with
20 other information, the date that the device or devices referred
21 to in subsection (a) were calibrated and found to be functioning
22 in accordance with the provisions of this section. It shall
23 advise the commission as to such location. In the case of speed <--
24 recorders, the permanent records required hereby shall be
25 maintained by the railroad at a location made known to the
26 commission for a period of six months or, in the event of an
27 accident during the operation of the locomotive involved, until
28 permission to destroy them has been granted by the commission.
29 IN THE EVENT OF AN ACCIDENT DURING THE OPERATION OF A LOCOMOTIVE <--
30 OR IN THE EVENT OF A DISCIPLINARY PROCEEDING IN WHICH A RAILROAD
19770H0489B3394 - 132 -
1 EMPLOYEE IS CHARGED WITH EXCESSIVE SPEED, THE RECORD REQUIRED BY
2 THIS SECTION SHOWING THE SPEED AT THE TIME AND PLACE INVOLVED
3 SHALL BE RETAINED BY THE RAILROAD, AT A LOCATION MADE KNOWN TO
4 THE PUBLIC UTILITY COMMISSION, FOR A PERIOD OF SIX MONTHS AFTER
5 SAID ACCIDENT OR DISCIPLINARY PROCEEDING. IN ANY DISCIPLINARY
6 PROCEEDING IN WHICH A RAILROAD EMPLOYEE IS CHARGED WITH
7 EXCESSIVE SPEED IN THE OPERATION OF A LOCOMOTIVE EQUIPPED WITH A
8 SPEED RECORDER THE RAILROAD MAY NOT INTRODUCE OTHER EVIDENCE OF
9 SUCH SPEED UNLESS THE RECORD HAS BEEN RETAINED IN COMPLIANCE
10 WITH THIS SUBSECTION.
11 (e) Enforcement.--The commission shall enforce the
12 provisions of this section and may issue such order or orders as
13 may be proper to require compliance therewith.
14 § 2706. Flag protection.
15 (a) General rule.--All railroads operating in this
16 Commonwealth shall promulgate and maintain appropriate operating
17 rules and special instructions for the government of their
18 respective employees in conformity with the following:
19 (1) When a train stops under circumstances in which it
20 may be overtaken by another train, a member of the crew must
21 provide flagging protection by going back immediately with a
22 red flag, torpedoes and fusees by day and with a red and/or
23 white light, torpedoes and fusees by night, a sufficient
24 distance to insure full protection, placing two torpedoes on
25 the rail and also, when necessary, display lighted fusees.
26 (2) When recalled and safety to the train will permit,
27 he may return.
28 (3) When conditions require, he will leave the torpedoes
29 and a lighted fusee.
30 (4) The front of the train must be protected in the same
19770H0489B3394 - 133 -
1 way, when necessary, by a member of the crew.
2 (5) When a train is moving under circumstances in which
3 it may be overtaken by another train, a member of the crew
4 must take such action as may be necessary to insure full
5 protection. By night, or by day, when the view is obscured,
6 lighted fusees must be dropped off the moving train or
7 displayed at proper intervals.
8 (6) When day signals cannot be plainly seen, owing to
9 weather or other conditions, night signals must also be used.
10 (7) Conductors and enginemen are responsible for the
11 protection of their trains.
12 (8) When a pusher engine is assisting a train, coupled
13 behind the cabin or caboose car, and the member of the crew
14 who protects the rear-end of the train is riding in the cabin
15 or caboose car, the requirements as to the fusees will be met
16 by dropping them off between the cabin or caboose car and
17 pusher engine on the track the train is using, and not
18 between that track and an adjacent track.
19 (b) Exceptions.--Unless specific circumstances indicate to
20 the contrary, it will be presumed that trains stopping under the
21 following circumstances will not be overtaken by another train:
22 (1) Passenger trains making normal station stops.
23 (2) All trains stopping in manual block territory
24 protected by absolute block.
25 (3) All trains stopping so as to be completely within
26 the limits of classification or storage yards at the usual
27 place to change crews or remove power.
28 (c) Construction of section.--For the purposes of this
29 section a "train" means a movement on which the air brakes must
30 be connected and functioning under Federal law. This section is
19770H0489B3394 - 134 -
1 not intended to require the employment of additional employees
2 or restrict the use of crew members in any manner.
3 (d) Enforcement.--The commission shall enforce the
4 provisions of this section.
5 CHAPTER 29
6 TELEPHONE AND TELEGRAPH WIRES
7 Sec.
8 2901. Definitions.
9 2902. Private wire for gambling information prohibited.
10 2903. Written contract for private wire.
11 2904. Joint use of telephone and telegraph facilities.
12 § 2901. Definitions.
13 The following words and phrases when used in this chapter
14 shall have, unless the context clearly indicates otherwise, the
15 meanings given to them in this section:
16 "Dissemination." The act of transmitting, distributing,
17 advising, spreading, communicating, conveying or making known.
18 "Private wire." Any and all service equipment, facilities,
19 conduits, poles, wires, circuits, systems by which or by means
20 of which service is furnished for communication purposes, either
21 through the medium of telephone, telegraph, Morse,
22 teletypewriter, loudspeaker or any other means, or by which the
23 voice or electrical impulses are sent over a wire, and which
24 services are contracted for or leased for service between two or
25 more points specifically designated, and are not connected to or
26 available for general telegraphic or telephonic exchange or toll
27 service, and shall include such services known as "special
28 contract leased wire service," "leased line," "private line,"
29 "private system," "Morse line," "private wire," but shall not
30 include the usual and customary telephone service by which the
19770H0489B3394 - 135 -
1 subscriber may be connected at each separate call to any other
2 telephone designated by him only through the general telephone
3 exchange system or toll service, and shall not include private
4 wires used for fire or burglar alarm purposes, nor telegraph
5 messenger call boxes and circuits used in connection therewith,
6 time clock circuits used for furnishing correct time service,
7 nor telegraph teleprinters when these teleprinters terminate in
8 the telegraph companies' offices and are not directly connected
9 between two customers.
10 "Public utility." A person, partnership, association or
11 corporation, now or hereafter owning or operating in this
12 Commonwealth, equipment or facilities for conveying or
13 transmitting messages or communications by telephone or
14 telegraph to the public for compensation.
15 § 2902. Private wire for gambling information prohibited.
16 (a) General rule.--It is unlawful for any public utility
17 knowingly to furnish to any person OR CORPORATION any private <--
18 wire for use or intended for use in the dissemination of
19 information in furtherance of gambling or for gambling purposes.
20 Any contract shall constitute prima facie evidence that such
21 private wire will be used in furtherance of gambling or for
22 gambling purposes if it shall appear in such contract, or
23 otherwise, that such private wire will be used, is intended to
24 be used or has been used for the dissemination of information
25 pertaining to any horse-racing, race track, race horse, betting,
26 betting odds or any information relative thereto.
27 (b) Burden of proof.--In any proceeding before the
28 commission under this chapter and in any hearing or proceeding
29 on appeal, the burden of proof shall be on the public utility
30 and the person OR CORPORATION contracting for such private wire <--
19770H0489B3394 - 136 -
1 to show that the private wire has not been used, or is not being
2 used, or is not intended for use in the furtherance of gambling
3 or for gambling purposes.
4 § 2903. Written contract for private wire.
5 (a) General rule.--It is unlawful for any public utility to
6 furnish to any person OR CORPORATION any private wire, except in <--
7 pursuance of a written contract signed by the public utility, by
8 the person OR CORPORATION contracting for said private wire and <--
9 responsible under the terms of the contract for the payment for
10 the service, and by the person OR CORPORATION in possession or <--
11 control of any place or location designated in the contract for
12 installation or connection of said private wire, which contract
13 shall include a detailed written statement of the purpose for
14 which such private wire is intended to be used.
15 (b) Exceptions.--This section does not apply to:
16 (1) The furnishing of any private wire in case of public
17 emergency, or where the furnishing of the said private wire
18 is for a temporary purpose not to exceed 48 hours.
19 (2) Any private wire furnished for use in radio
20 broadcasting, or to any private wire furnished for use by any
21 protective service operating under a franchise granted by any
22 municipality, or to any private wire furnished for use in
23 interstate commerce, or to any private wire furnished for use
24 of newspapers of general circulation.
25 (c) Action by commission.--It is unlawful for any public
26 utility to furnish to any person OR CORPORATION any private wire <--
27 without first furnishing to the commission a duplicate original
28 of the written contract required by this section. The commission
29 shall examine the same forthwith and conduct such investigation
30 as it may deem necessary, and, if upon examination of the
19770H0489B3394 - 137 -
1 contract, or after investigation, or otherwise at any time, the
2 commission shall find that the said private wire is intended for
3 or has been used for or is being used for the transmission of
4 information or advice in furtherance of gambling, the commission
5 shall disapprove the said contract and give notice of such
6 disapproval to the contracting parties. Thereafter it shall be
7 unlawful for any public utility to furnish the said private wire
8 provided for in the said contract. This subsection does not
9 apply to the furnishing of any private wire in case of public
10 emergency, or where the furnishing of the said private wire is
11 for a temporary purpose not to exceed 48 hours.
12 (d) Hearing.--Any public utility or other person OR <--
13 CORPORATION party to the contract who shall feel aggrieved at
14 the action of the commission in disapproving any contract for
15 any private wire shall be entitled to a hearing before the
16 commission upon written request.
17 (e) Illegal use.--It is unlawful for any person OR <--
18 CORPORATION, who has been furnished a private wire by any public
19 utility in accordance with the provisions of this chapter, to
20 use such private wire for any purpose other than that specified
21 in the contract.
22 § 2904. Joint use of telephone and telegraph facilities.
23 (a) Through lines for continuous service.--The commission
24 may, upon complaint or upon its own motion, after reasonable
25 notice and hearing, by order, require any two or more public
26 utilities, whose lines or wires form a continuous line of
27 communication, or could be made to do so by the construction and
28 maintenance of suitable connections or the joint use of
29 facilities, or the transfer of messages at common points,
30 between different localities which cannot be communicated with,
19770H0489B3394 - 138 -
1 or reached by, the lines of either public utility alone, where
2 such service is not already established or provided, to
3 establish and maintain through lines within this Commonwealth
4 between two or more such localities. The rate for such service
5 shall be just and reasonable and the commission shall have power
6 to establish the same, and declare the portion thereof to which
7 each company affected thereby is entitled and the manner in
8 which the same must be secured and paid. All facilities
9 necessary to establish such service shall be constructed and
10 maintained in such manner and under such rules, with such
11 division of expense and labor, as may be required by the
12 commission.
13 (b) Trunk line connections.--The commission may, upon
14 complaint or upon its own motion, after reasonable notice and
15 hearing, by order, require any one or more public utilities to
16 connect their facilities, through the medium of suitable trunk
17 lines, with such manual or automatic inter-communicating
18 telephone or telegraph systems as may be wholly owned or leased
19 by such public utilities, or by any other person or corporation.
20 Rates for such trunk line connections and service shall be in
21 accordance with tariffs filed with and approved by the
22 commission.
23 SUBPART E
24 MISCELLANEOUS PROVISIONS
25 Chapter
26 31. Foreign Trade Zones
27 33. Violations and Penalties
28 CHAPTER 31
29 FOREIGN TRADE ZONES
30 Sec.
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1 3101. Operation as a public utility.
2 3102. Establishment by private corporations and municipalities.
3 3103. Formation and authority of private corporations.
4 3104. Municipalities and corporations to comply with law;
5 forfeiture of rights.
6 3105. Reports to Department of Community Affairs.
7 § 3101. Operation as public utility.
8 Each foreign trade zone established and maintained within the
9 limits of this Commonwealth as set forth in this chapter shall
10 be operated as a public utility, and all rates and charges for
11 all services or privileges within the zone shall be fair and
12 reasonable, but no such rates or charges shall be subject to
13 supervision, regulation or control by the commission. Every
14 municipality and private corporation operating and maintaining a
15 foreign trade zone shall afford to all who may apply for the use
16 of the trade zone and its facilities and appurtenances, uniform
17 treatment under like conditions, subject to such treaties or
18 commercial conventions as are now in force or may hereafter be
19 made from time to time by the United States with foreign
20 governments.
21 § 3102. Establishment by private corporations and
22 municipalities.
23 Any private corporation formed in this Commonwealth for the
24 purposes expressed in this part and any municipality of this
25 Commonwealth, is hereby authorized to make application in
26 accordance with the provisions of the act of Congress of the
27 United States, approved June 18, 1934, entitled "An act to
28 provide for the establishment, operation, and maintenance of
29 foreign trade zones in ports of entry of the United States; to
30 expedite and encourage foreign commerce, and for other
19770H0489B3394 - 140 -
1 purposes," (Public Act No. 397, 73rd Congress), referred to in
2 this chapter as "the act of Congress"; to the board consisting
3 of the Secretary of Commerce, the Secretary of the Treasury, and
4 the Secretary of War, thereby established, referred to in this
5 chapter as "the board"; for the privilege of establishing,
6 operating, and maintaining a foreign trade zone in, or adjacent
7 to, any port of entry under the jurisdiction of the United
8 States in order to expedite and encourage foreign commerce. If,
9 and when, such application is granted, the grantee shall have
10 power to establish, operate, and maintain such foreign trade
11 zone. Any foreign trade zone established by a municipality may
12 be operated and maintained only within the limits of such
13 municipality, or adjacent thereto. Any such foreign trade zone
14 shall be established, operated, and maintained by a municipality
15 or private corporation in accordance with the provisions of the
16 act of Congress.
17 § 3103. Formation and authority of private corporations.
18 Any such private corporation desiring to engage in the
19 business set forth in this chapter shall be formed as a business
20 corporation under the act of May 5, 1933 (P.L.364, No.106),
21 known as the "Business Corporation Law," and shall have all the
22 powers, rights and privileges, and be subject to all the
23 restrictions and limitations provided by the "Business
24 Corporation Law."
25 § 3104. Municipalities and corporations to comply with law;
26 forfeiture of rights.
27 Each municipality and private corporation establishing,
28 operating, and maintaining a foreign trade zone shall fully
29 comply with all of the provisions of the act of Congress and the
30 rules and regulations prescribed by the board thereunder, and
19770H0489B3394 - 141 -
1 shall have all the powers, rights, privileges, and authority
2 conferred by the act of Congress and said rules and regulations,
3 and be subject to the limitations and restrictions contained in
4 said act and said rules and regulations. Any such municipality
5 or private corporation shall forfeit any right and privilege to
6 operate and maintain a foreign trade zone, under the provisions
7 of this part or under the charter of any private corporation
8 formed as aforesaid, if, and when, its grant of privilege is
9 finally revoked under the authority granted in the act of
10 Congress.
11 § 3105. Reports to Department of Community Affairs.
12 Each municipality and private corporation operating a foreign
13 trade zone within the limits of this Commonwealth shall file a
14 copy of every report which it shall make, or be required to
15 make, under the act of Congress with the Department of Community
16 Affairs.
17 CHAPTER 33
18 VIOLATIONS AND PENALTIES
19 Sec.
20 3301. Civil penalties for violations.
21 3302. Criminal penalties for violations.
22 3303. Nonliability for enforcement of lawful tariffs and rates.
23 3304. Unlawful issuance and assumption of securities.
24 3305. Misapplication of proceeds of securities.
25 3306. Execution of unlawful contracts.
26 3307. Refusal to obey subpoena and testify.
27 3308. Concealment of witnesses and records.
28 3309. Liability for damages occasioned by unlawful acts.
29 3310. Unauthorized operation by carriers and brokers.
30 3311. Bribery.
19770H0489B3394 - 142 -
1 3312. Evasion of motor carrier and broker regulations.
2 3313. Excessive price on resale.
3 3314. Limitation of actions and cumulation of remedies.
4 3315. Disposition of fines and penalties.
5 § 3301. Civil penalties for violations.
6 (a) General rule.--If any public utility, or any other
7 person or corporation subject to this part, shall violate any of
8 the provisions of this part, or shall do any matter or thing
9 herein prohibited; or shall fail, omit, neglect, or refuse to
10 perform any duty enjoined upon it by this part; or shall fail,
11 omit, neglect or refuse to obey, observe, and comply with any
12 regulation or final direction, requirement, determination or
13 order made by the commission, or any order of the commission
14 prescribing temporary rates in any rate proceeding, or to comply
15 with any final judgment, order or decree made by any court, such
16 public utility, person or corporation for such violation,
17 omission, failure, neglect, or refusal, shall forfeit and pay to
18 the Commonwealth a sum not exceeding $1,000, to be recovered by
19 an action of assumpsit instituted in the name of the
20 Commonwealth. In construing and enforcing the provisions of this
21 section, the violation, omission, failure, neglect, or refusal
22 of any officer, agent, or employee acting for, or employed by,
23 any such public utility, person or corporation shall, in every
24 case be deemed to be the violation, omission, failure, neglect,
25 or refusal of such public utility, person or corporation.
26 (b) Continuing offenses.--Each and every day's continuance
27 in the violation of any regulation or final direction,
28 requirement, determination, or order of the commission, or of
29 any order of the commission prescribing temporary rates in any
30 rate proceeding, or of any final judgment, order or decree made
19770H0489B3394 - 143 -
1 by any court, shall be a separate and distinct offense. If any
2 interlocutory order of supersedeas, or a preliminary injunction
3 be granted, no penalties shall be incurred or collected for or
4 on account of any act, matter, or thing done in violation of
5 such final direction, requirement, determination, order, or
6 decree, so superseded or enjoined for the period of time such
7 order of supersedeas or injunction is in force.
8 (c) Gas pipeline safety violations.--Any person or
9 corporation, defined as a public utility in this part, who
10 violates any provisions of this part governing the safety of
11 pipeline or conduit facilities in the transportation of natural
12 gas, flammable gas, or gas which is toxic or corrosive, or of
13 any regulation or order issued thereunder, shall be subject to a
14 civil penalty of not to exceed $1,000 for each violation for
15 each day that the violation persists, except that the maximum
16 civil penalty shall not exceed $200,000 for any related series
17 of violations.
18 (d) Deduction from sums owing by Commonwealth.--The amount
19 of the penalty, when finally determined, may be deducted from
20 any sums owing by the Commonwealth to the person or corporation
21 charged or may be recovered in a civil action.
22 § 3302. Criminal penalties for violations.
23 Any person, including an officer, agent or employee of any
24 public utility, or any corporation, who or which shall knowingly
25 fail, omit, neglect or refuse to obey, observe, and comply with
26 any regulation or final order, direction, or requirement of the
27 commission, or any order of the commission prescribing temporary
28 rates in any rate proceeding, or any final order or decree of
29 any court, or who shall knowingly procure, aid, or abet any such
30 violation, omission, failure, neglect, or refusal, shall be
19770H0489B3394 - 144 -
1 guilty of a misdemeanor of the first degree.
2 § 3303. Nonliability for enforcement of lawful tariffs and
3 rates.
4 (a) Public utilities.--No public utility, nor any officer,
5 agent or employee thereof, shall be liable for any penalty or
6 forfeiture, or be subject to any prosecution, on account of
7 demanding, collecting, or receiving any rate for any service, or
8 for enforcing any regulation, or practice when such rate,
9 regulation, or practice is contained in a tariff properly filed
10 with the commission, and posted or published as herein provided,
11 and is applicable by the terms thereof at the time to such
12 service although such rate, regulation, method or practice may
13 be found by the commission to be unjust or unreasonable.
14 (b) Contract carrier by motor vehicle.--No contract carrier
15 by motor vehicle, nor any officer, agent or employee thereof,
16 shall be liable for any penalty or forfeiture, or be subject to
17 any prosecution on account of demanding, collecting or receiving
18 any minimum rate prescribed by the commission under the
19 provisions of this part.
20 § 3304. Unlawful issuance and assumption of securities.
21 Any individual who shall knowingly affix his name or
22 attestation to any stock certificate or other evidence of
23 equitable interest, or any bond, note, trust certificate, or
24 other security issued or assumed by any public utility, or any
25 director who shall knowingly assent to the issuance or
26 assumption of any such stock certificate, or other evidence of
27 equitable interest, or any bond, note or other evidence of
28 indebtedness, or other security issued by any public utility, or
29 any director who shall knowingly assent to the issue of any such
30 certificate of stock, trust certificate, corporate bond, note,
19770H0489B3394 - 145 -
1 or other evidence of indebtedness, or other security of any
2 public utility, in violation of any of the provisions or
3 requirements of this part, or any individual who shall knowingly
4 make or assent to any false statement in any securities
5 certificate required to be registered with the commission under
6 the provisions of Chapter 19 (relating to securities and
7 obligations) OR who shall by any false statements, oral or <--
8 written, knowingly make, procure, or seek to procure, of the
9 commission the registration of any such securities certificate,
10 shall be guilty of a misdemeanor of the first degree.
11 § 3305. Misapplication of proceeds of securities.
12 Any individual who shall knowingly make or assent to any
13 application or disposition of any stock certificate, or other
14 evidence of equitable interest, or any bond, note, trust
15 certificate, or other evidence of indebtedness, or other
16 security, or the proceeds of the sale or pledge thereof, or any
17 part thereof, in violation of any statement or contrary to any
18 purpose in relation thereto set forth or contained in any
19 securities certificate required to be registered with the
20 commission under the provisions of Chapter 19 (relating to
21 securities and obligations) OR who shall knowingly make or <--
22 assent to any false statement in any report or account to the
23 commission as to the disposition or application of the proceeds,
24 or any part thereof, of any sale or pledge of any stock
25 certificate, or other evidence of equitable interest, or any
26 bond, note, trust certificate, or other evidence of
27 indebtedness, or other security, shall be guilty of a
28 misdemeanor of the first degree.
29 § 3306. Execution of unlawful contracts.
30 Any individual who shall knowingly affix his name or
19770H0489B3394 - 146 -
1 attestation to any written contract or arrangement, or who shall
2 enter into any written contract or arrangement, or any
3 individual who shall knowingly assent to the entering into of
4 any written or verbal contract, in violation of any of the
5 provisions or requirements of this part, or any individual
6 knowingly making or assenting to any false statement in any
7 application for the approval of any contract or arrangement, the
8 approval of which is required by this part, shall be guilty of a
9 misdemeanor of the first degree.
10 § 3307. Refusal to obey subpoena and testify.
11 If any individual who shall be subpoenaed to attend before
12 the commission, or its representative, shall fail to obey the
13 command of such subpoena, or if any individual in attendance
14 before the commission, or its representative, shall refuse to be
15 sworn or to be examined, or to answer any relevant question, or
16 to produce any relevant data, book, record, paper, or document
17 when ordered so to do by the commission, or its representative,
18 such person shall be guilty of a summary offense.
19 § 3308. Concealment of witnesses and records.
20 If any individual shall absent himself from the jurisdiction
21 of this Commonwealth or conceal himself for the purpose of
22 avoiding service of a subpoena issued by the commission, or its
23 representative; or shall remove relevant data, books, records,
24 papers, or other documents out of this Commonwealth for the
25 purpose of preventing their examination by the commission; or
26 shall destroy or conceal any such data, books, records, papers
27 or other documents for such purpose, he shall be adjudged guilty
28 of contempt; and any court of common pleas may impose a fine of
29 not less than $100 for each day during the continuance of such
30 refusal, neglect, concealment, or removal; and if such court
19770H0489B3394 - 147 -
1 shall find that the neglect, refusal, or concealment, or the
2 removal or destruction of data, books, records, papers, or other
3 documents by such witness, has been occasioned by the advice or
4 consent of any party to the proceedings before the commission,
5 or in anywise aided or abetted by such party, then, in default
6 of payment of such fine by the individual in contempt, the same
7 shall be paid by such party and may be recovered from such party
8 by an action in the name of the Commonwealth, in any court of
9 common pleas, as other like fines and penalties are now by law
10 recoverable. Imprisonment for contempt shall be by commitment to
11 the county jail of the county in which such hearing is held.
12 § 3309. Liability for damages occasioned by unlawful acts.
13 (a) General rule.--If any person or corporation shall do or
14 cause to be done any act, matter, or thing prohibited or
15 declared to be unlawful by this part, or shall refuse, neglect,
16 or omit to do any act, matter, or thing enjoined or required to
17 be done by this part, such person or corporation shall be liable
18 to the person or corporation injured thereby in the full amount
19 of damages sustained in consequence thereof. The liability of
20 public utilities, contract carriers by motor vehicles, and
21 brokers for negligence, as heretofore established by statute or
22 by common law, shall not be held or construed to be altered or
23 repealed by any of the provisions of this part.
24 (b) Rights of Commonwealth unaffected.--The recovery in this
25 section authorized shall in no manner affect a recovery by the
26 Commonwealth of the penalty prescribed in section 3301 (relating
27 to civil penalties for violations) for such violations of this
28 part.
29 § 3310. Unauthorized operation by carriers and brokers.
30 Any person or corporation operating as a motor carrier or as
19770H0489B3394 - 148 -
1 a common carrier by airplane, and any operator or employee of
2 such carrier, and any person or corporation operating as a
3 broker, without a certificate of public convenience, permit or
4 license, authorizing the service performed, as required by this
5 part, shall be guilty of a summary offense, and any subsequent
6 offense by such person or corporation shall constitute a
7 misdemeanor of the third degree.
8 § 3311. Bribery.
9 Any officer, attorney, agent, or employee of any public
10 utility who offers to any commissioner, or to any person
11 appointed or employed by the commission, any office, place,
12 appointment, or position, or offers to give to any commissioner,
13 or to any person employed in the service of the commission, any
14 free pass or transportation, or any reduction in fares to which
15 the public generally is not entitled, or any free carriage of
16 property, or any present, gift, or gratuity, money, or valuable
17 thing of any kind, shall be guilty of a misdemeanor of the third
18 degree.
19 § 3312. Evasion of motor carrier and broker regulations.
20 Any person, whether carrier, shipper, consignee, or broker,
21 or any officer, employee, agent, or representative thereof, who
22 shall knowingly offer, grant, or give, or solicit, accept, or
23 receive any rebate, concession, or discrimination, in violation
24 of any provision of this part with respect to motor carriers, or
25 who, by means of false statements or representations or by use
26 of false or fictitious bill, bill of lading, receipt, voucher,
27 roll, account, claim, certificate, affidavit, deposition, lease,
28 or bill of sale, or by any other means or device, shall
29 knowingly and willfully, assist, suffer or permit any person or
30 persons, natural or artificial, to obtain transportation of
19770H0489B3394 - 149 -
1 property by motor carrier subject to this part, for less than
2 the applicable rate, fare or charge, or who shall knowingly and
3 willfully, by any such means, or otherwise seek to evade or
4 defeat regulation in this part provided for motor carriers or
5 brokers, shall be guilty of a summary offense for the first
6 offense and a misdemeanor of the third degree for subsequent
7 offenses.
8 § 3313. Excessive price on resale.
9 Any person, corporation or other entity violating the
10 provisions of section 1313 (relating to price upon resale of
11 public utility services) shall be guilty of a summary offense
12 and shall, upon conviction, be sentenced to pay a fine of $100
13 multiplied by the number of residential bills exceeding the
14 maximum prescribed in section 1313.
15 § 3314. Limitation of actions and cumulation of remedies.
16 (a) General rule.--No action for the recovery of any
17 penalties or forfeitures incurred under the provisions of this
18 part, and no prosecutions on account of any matter or thing
19 mentioned in this part, shall be maintained unless brought
20 within three years from the date at which the liability therefor
21 arose, except as otherwise provided in this part.
22 (b) Remedies and penalties cumulative.--All suits, remedies,
23 prosecutions, penalties, and forfeitures provided for, or
24 accruing under, this part, shall be cumulative.
25 § 3315. Disposition of fines and penalties.
26 All fines imposed, and all penalties recovered, under the
27 provisions of this part, shall be paid to the commission, and by
28 it paid into the State Treasury, through the Department of
29 Revenue, to the credit of the General Fund.
30 PART II
19770H0489B3394 - 150 -
1 OTHER PROVISIONS (RESERVED)
2 Section 2. Repeals.--(a) Absolute repeals.--The following
3 acts and parts of acts are repealed:
4 Section 7, act of May 5, 1832 (P.L.501, No.189), entitled "An
5 act regulating lateral Rail-Roads."
6 Sections 12 and 18, act of February 19, 1849 (P.L.79, No.76),
7 entitled "An act regulating railroad companies."
8 Act of April 15, 1851 (1852 P.L.720, No.401), entitled "An
9 act to incorporate the Susquehanna and Erie railroad company."
10 Act of December 16, 1863 (1864 P.L.1124, No.962), entitled
11 "An act in relation to feeding stock, while awaiting
12 transportation on railroads."
13 Act of April 11, 1867 (P.L.69, No.49), entitled "An act to
14 regulate the carriage of baggage by railroad companies, and to
15 prescribe the duties and obligations of carriers and passengers
16 in relation thereto."
17 Sections 10 and 11, act of April 4, 1868 (P.L.62, No.29),
18 entitled "An act to authorize the formation and regulation of
19 railroad corporations."
20 Section 2, act of June 19, 1871 (P.L.1360, No.1264), entitled
21 "An act relating to legal proceedings by or against
22 corporations."
23 Act of May 15, 1874 (P.L.178, No.109), entitled "An act to
24 enforce the sixth section of the seventeenth article of the
25 constitution of this commonwealth, providing that no president,
26 director, officer, agent or employee of any railroad or canal
27 company shall be interested in the furnishing of material or
28 supplies to such company, or in the business of transportation
29 as a common carrier of freight or passengers over the works
30 owned, leased, controlled or worked by such company."
19770H0489B3394 - 151 -
1 Act of June 15, 1874 (P.L.289, No.176), entitled "An act to
2 carry into effect section eight of article seventeen of the
3 constitution, in relation to granting free passes or passes at a
4 discount by railroad or other transportation companies."
5 Act of May 5, 1876 (P.L.116, No.87), entitled "An act
6 regulating the passenger fare and freight rates on railroads
7 operated by steam power, not exceeding fifteen miles in length."
8 Act of May 19, 1879 (P.L.71, No.80), entitled "An act to
9 repeal all local or special laws regulating or fixing the rates
10 of fare to be charged by city passenger railway companies, in
11 cities of the third class."
12 Act of June 7, 1901 (P.L.531, No.253), entitled "An act
13 relating to railroad crossings of highways, and for the
14 regulation, alteration and abolition of grade crossings, except
15 in cities of the first and second classes."
16 Act of May 4, 1905 (P.L.380, No.232), entitled "An act to
17 empower railroad companies to change the location and grade, or
18 either, of bridges and their approaches belonging to bridge
19 corporations, to accommodate the location and construction of
20 their railroad, or the changing, relocating, widening,
21 straightening, or improvement thereof."
22 Act of April 5, 1907 (P.L.59, No.52), entitled "An act to
23 regulate the maximum rate and minimum fare to be charged for
24 transportation of passengers by railroad companies, and
25 prescribing the penalty for violation thereof."
26 Act of May 31, 1907 (P.L.352, No.252), entitled "An act to
27 enforce the provisions of section five, article seventeen, of
28 the Constitution of Pennsylvania, relating to the powers of
29 incorporated common carriers and the privileges of mining and
30 manufacturing companies; making the violation thereof a
19770H0489B3394 - 152 -
1 misdemeanor, and providing a punishment for the same."
2 Act of May 31, 1907 (P.L.352, No.253), entitled "An act to
3 carry into effect the provisions of section seven, article
4 seventeen, of the Constitution of Pennsylvania, relating to
5 discriminations and preferences in charges and facilities; and
6 making the violation thereof a misdemeanor, and providing a
7 penalty for the same."
8 Act of May 31, 1907 (P.L.353, No.254), entitled "An act to
9 enforce the provisions of section four, article seventeen, of
10 the Constitution of Pennsylvania, pertaining to the
11 consolidation of parallel or competing lines of railroads,
12 canals, or other companies, and restricting the officers of such
13 companies; empowering juries to decide whether companies are
14 parallel or competing lines; and making the violation thereof a
15 misdemeanor, and providing a punishment for the same."
16 Act of May 31, 1907 (P.L.354, No.255), entitled "An act to
17 carry into effect the provisions of section three, article
18 seventeen, of the Constitution of Pennsylvania, relating to the
19 transportation of persons and property; and making the violation
20 thereof a misdemeanor, and providing a penalty for the same."
21 Act of June 1, 1907 (P.L.359, No.259), entitled "An act
22 forbidding those officers, employes, or agents of any railroad
23 company operating within this Commonwealth, who have charge,
24 directly or indirectly, of the distribution of cars to shippers
25 thereon, to own or have any interest, directly or indirectly, in
26 any operated coal property, or in the stock of any mining or
27 manufacturing company, along the line of such railroad; making
28 the violation hereof a misdemeanor, and providing a punishment
29 for the same.
30 Act of June 7, 1907 (P.L.464, No.313), entitled "An act to
19770H0489B3394 - 153 -
1 prevent discrimination by, and to regulate rates and charges for
2 carrying freight and passengers by, narrow-gage railroads within
3 the Commonwealth; and providing a remedy for the violation
4 thereof."
5 Act of June 10, 1911 (P.L.867, No.339), entitled "An act
6 fixing the width of public highways, where such highways are
7 crossed above or below grade by the tracks of any railroad,
8 except in cities and boroughs."
9 Act of July 10, 1919 (P.L.901, No.357), entitled "An act
10 supplementary to the Public Service Company Law, approved the
11 twenty-sixth day of July, Anno Domini one thousand nine hundred
12 and thirteen, giving to the Public Service Commission the power,
13 in the elimination of grade crossings, to direct the
14 construction of bridges or viaducts over, above, and across
15 railroads and railways, and, where necessary, across rivers and
16 streams; and, in order to effect said elimination, to change the
17 location to a new place or to another street or highway; and,
18 where the said bridge or viaduct is located by the commission
19 and directed to be constructed in the line of any street or
20 highway which crosses a navigable river, or a stream which has
21 been declared a public highway by act of Assembly, at a point
22 where the Commonwealth has been authorized to construct a public
23 bridge to replace a county bridge destroyed by flood or other
24 casualty, to provide for the payment by the Commonwealth of part
25 of the cost of said improvement from appropriations made to the
26 Board of Commissioners of Public Grounds and Buildings, the
27 making of the contract, and the expenditure of said
28 appropriation."
29 Act of April 7, 1927 (P.L.134, No.105), entitled "An act
30 relating to such highways as are opened by the order of the
19770H0489B3394 - 154 -
1 Public Service Commission of the Commonwealth of Pennsylvania in
2 proceedings relating to elimination of grade crossings; and
3 relating to the establishment of such roads and connecting roads
4 as State highways; and providing for their construction and
5 maintenance at the expense of the Commonwealth; and providing in
6 certain event for the opening and maintaining of said roads by
7 city, borough, incorporated town, and township authorities."
8 Section 303, act of April 9, 1929 (P.L.177, No.175), known as
9 "The Administrative Code of 1929."
10 Act of June 10, 1935 (P.L.291, No.126), entitled "An act
11 empowering private corporations hereafter formed and
12 municipalities to establish, operate, and maintain foreign-trade
13 zones in or adjacent to ports of entry of the United States in
14 accordance with the act of Congress of the United States; and
15 prescribing the powers and duties of such corporations and
16 municipalities in connection therewith."
17 Act of March 31, 1937 (P.L.160, No.43), entitled "An act
18 creating a commission to be known as the Pennsylvania Public
19 Utility Commission; defining in part the powers and duties of
20 such commission; abolishing The Public Service Commission of the
21 Commonwealth of Pennsylvania, terminating the terms of the
22 members thereof, and transferring to the Pennsylvania Public
23 Utility Commission the records, employes, property, and
24 equipment of The Public Service Commission of the Commonwealth
25 of Pennsylvania; authorizing the Pennsylvania Public Utility
26 Commission to appear in and complete all pending proceedings,
27 legal or otherwise, instituted before, by or against The Public
28 Service Commission of the Commonwealth of Pennsylvania;
29 providing that all certificates of public convenience,
30 contracts, orders, and rules and regulations of the latter
19770H0489B3394 - 155 -
1 commission shall remain effective until repealed, changed or
2 modified by the Pennsylvania Public Utility Commission, and
3 transferring and appropriating to the Pennsylvania Public
4 Utility Commission any unexpended balance of any existing
5 appropriation to The Public Service Commission of the
6 Commonwealth of Pennsylvania."
7 Act of May 28, 1937 (P.L.1053, No.286), known as the "Public
8 Utility Law."
9 Act of December 1, 1938 (Sp.Sess., P.L.111, No.45), entitled
10 "An act making illegal the furnishing of certain telephone and
11 telegraph wires and services by certain public utilities for use
12 in the dissemination of information in furtherance of gambling;
13 making it unlawful for any public utility to furnish private
14 wires, except by written contract; conferring and imposing upon
15 the Pennsylvania Public Utility Commission the power and duty to
16 disapprove all contracts for private wires used for, or intended
17 to be used for, the transmission of information or advices in
18 furtherance of gambling; making illegal the furnishing of
19 certain wires by certain public utilities after the disapproval
20 of the contract therefor by the Pennsylvania Public Utility
21 Commission; making illegal the use of certain wires for purposes
22 other than those specified in the written contract therefor;
23 imposing penalties; making the dissemination of information
24 pertaining to horse racing over certain wires prima facie
25 evidence that the same is in furtherance of gambling;
26 prescribing the burden of proof in proceedings hereunder; and
27 providing for appeal."
28 Section 3(d)(11), act of August 5, 1941 (P.L.752, No.286),
29 known as the "Civil Service Act."
30 Act of June 5, 1943 (P.L.901, No.373), entitled "An act to
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1 regulate persons, partnerships and corporations engaged in the
2 business of renting motor vehicles; authorizing the Public
3 Utility Commission to administer and enforce the provisions of
4 this act; and imposing penalties."
5 Act of January 5, 1972 (1971 P.L.660, No.174), entitled "An
6 act requiring certain locomotives operating over thirty miles
7 per hour to have certain equipment thereon by certain dates;
8 requiring the maintenance of certain records thereof by
9 railroads operating same, the notification of the Public Utility
10 Commission thereof, and placing certain duties on that
11 commission."
12 Act of March 28, 1972 (P.L.158, No.60), entitled "An act
13 limiting the rates at which certain entities other than public
14 utilities may resell public utility service to residential
15 consumers; and providing penalties."
16 Act of July 25, 1975 (P.L.96, No.49), entitled "An act
17 requiring speed recorders on locomotives."
18 Act of December 3, 1975 (P.L.481, No.142), entitled "An act
19 requiring that flag protection be provided against following
20 trains occupying the same track."
21 (b) Repeal as inconsistent.--Section 709, act of April 9,
22 1929 (P.L.177, No.175), known as "The Administrative Code of
23 1929," is repealed insofar as it is inconsistent with this act.
24 Section 3. Effective date.--This act shall take effect in 60
25 days except that the provisions of 66 Pa.C.S. §§ 1308 and 1310,
26 insofar as they are different from the law repealed hereby,
27 shall take effect October 7, 1977.
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