66 PA Cons Stat § 102 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 66 - PUBLIC UTILITIES|Chapter 1 - General Provisions|Section 102 - Definitions

§ 102. Definitions. Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:  "City natural gas distribution operation." A collection of real and personal assets used for distributing natural gas to retail gas customers owned by a city or a municipal authority, nonprofit corporation or public corporation formed pursuant to section 2212(m) (relating to city natural gas distribution operations).  "Commission." The Pennsylvania Public Utility Commission of this Commonwealth.  "Common carrier." Any and all persons or corporations holding out, offering, or undertaking, directly or indirectly, service for compensation to the public for the transportation of passengers or property, or both, or any class of passengers or property, between points within this Commonwealth by, through, over, above, or under land, water, or air, and shall include forwarders, but shall not include contract carriers by motor vehicles, or brokers, or any bona fide cooperative association transporting property exclusively for the members of such association on a nonprofit basis. The term does not include a transportation network company or a transportation network company driver.  "Common carrier by motor vehicle." As follows:  (1) Any common carrier who or which holds out or undertakes the transportation of passengers or property, or both, or any class of passengers or property, between points within this Commonwealth by motor vehicle for compensation, whether or not the owner or operator of such motor vehicle, or who or which provides or furnishes any motor vehicle, with or without driver, for transportation or for use in transportation of persons or property as aforesaid.  (2) The term includes: (i) Common carriers by rail, water, or air, and express or forwarding public utilities insofar as such common carriers or such public utilities are engaged in such motor vehicle operations.  (ii) A person that holds itself out to provide or furnish transportation of household property between residential dwellings within this Commonwealth by motor vehicle for compensation, owns or operates the motor vehicle and provides or furnishes a driver of the motor vehicle with the transportation.  (3) The term does not include: (i) A lessor under a lease given on a bona fide sale of a motor vehicle where the lessor retains or assumes no responsibility for maintenance, supervision, or control of the motor vehicles so sold.  (ii) Transportation of school children for school purposes or to and from school-related activities whether as participants or spectators, with their chaperones, or between their homes and Sunday school in any motor vehicle owned by the school district, private school or parochial school, or transportation of school children between their homes and school or to and from school-related activities whether as participants or spectators, with their chaperones, if the person performing the school-related transportation has a contract for the transportation of school children between their homes and school, with the private or parochial school, with the school district or jointure in which the school is located, or with a school district that is a member of a jointure in which the school is located if the jointure has no contracts with other persons for the transportation of students between their homes and school, and if the person maintains a copy of all contracts in the vehicle at all times, or children between their homes and Sunday school in any motor vehicle operated under contract with the school district, private school or parochial school. Each school district shall adopt regulations regarding the number of chaperones to accompany students in connection with school-related activities.  (iii) Any owner or operator of a farm transporting agricultural products from, or farm supplies to, such farm, or any independent contractor or cooperative agricultural association hauling agricultural products or farm supplies exclusively for one or more owners or operators of farms.  (iv) Any person or corporation who or which uses, or furnishes for use, dump trucks for the transportation of ashes, rubbish, excavated and road construction materials. This paragraph does not include the use or furnishing of five-axle tractor trailers.  (v) Transportation of property by the owner to himself, or to purchasers directly from him, in vehicles owned and operated by the owner of such property and not otherwise used in transportation of property for compensation for others.  (vi) Transportation of voting machines to and from polling places by any person or corporation for or on behalf of any political subdivision of this Commonwealth for use in any primary, general, municipal or special election.  (vii) Transportation of pulpwood, chemical wood, saw logs or veneer logs from woodlots. (viii) Transportation by towing of wrecked or disabled motor vehicles. (ix) Any person or corporation who or which furnishes transportation for any injured, ill or dead person.  (x) A person or entity that is any of the following: (A) A transportation network company. (B) A transportation network company driver. (xi) A motor carrier when the motor carrier provides transportation of household goods in containers or trailers that are entirely packed, loaded, unloaded or unpacked by an individual other than an employee or agent of the motor carrier.  "Corporation." All bodies corporate, joint-stock companies, or associations, domestic or foreign, their lessees, assignees, trustees, receivers, or other successors in interest, having any of the powers or privileges of corporations not possessed by individuals or partnerships, but shall not include municipal corporations, except as otherwise expressly provided in this part, nor bona fide cooperative associations which furnish service on a nonprofit basis only to their stockholders or members.  "Customer's service line." The pipe and appurtenances owned by the customer extending from the service connection of the gas utility to the inlet of the meter serving the customer.  "Digital network." Any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.  "Dual motor carrier." A call or demand carrier operating under a certificate of public convenience and providing transportation network services pursuant to a license from the commission. For purposes of this chapter, only certificated call or demand carriers may file an application with the commission requesting a license to operate a transportation network service as a dual motor carrier.  "Dual motor carrier driver." An individual who:  (1) receives connections to potential passengers and related services from a dual motor carrier in exchange for payment of a fee to the dual motor carrier; and  (2) uses a personal vehicle to offer or provide a prearranged ride to passengers upon connection through a digital network controlled by a dual motor carrier in return for compensation or payment of a fee.  "Dynamic pricing." A transportation network company's practice of adjusting the calculation used to determine fares at certain times and locations in response to the supply of transportation network company drivers and the demand for transportation network services.  "Facilities." All the plant and equipment of a public utility, including all tangible and intangible real and personal property without limitation, and any and all means and instrumentalities in any manner owned, operated, leased, licensed, used, controlled, furnished, or supplied for, by, or in connection with, the business of any public utility. Property owned by the Commonwealth or any municipal corporation prior to June 1, 1937, shall not be subject to the commission or to any of the terms of this part, except as elsewhere expressly provided in this part.  "Forwarder." Any person or corporation not included in the terms "motor carrier" or "broker" who or which issues receipts or billings for property received by such person or corporation for transportation, forwarding, or consolidating, or for distribution by any medium of transportation or combination or media of transportation, other than solely by motor vehicle.  "Highway." A way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular traffic.  "Motor carrier." A common carrier by motor vehicle, and a contract carrier by motor vehicle. The term does not include a transportation network company or a transportation network company driver.  "Motor vehicle." Any vehicle which is self-propelled, excepting power shovels, tractors other than truck tractors, road rollers, agricultural machinery, and vehicles which solely move upon or are guided by a track, or travel through the air.  "Municipal corporation." All cities, boroughs, towns, townships, or counties of this Commonwealth, and also any public corporation, authority, or body whatsoever created or organized under any law of this Commonwealth for the purpose of rendering any service similar to that of a public utility.  "Person." Individuals, partnerships, or associations other than corporations, and includes their lessees, assignees, trustees, receivers, executors, administrators, or other successors in interest.  "Personal vehicle." As follows:  (1) A vehicle that is used by a transportation network company driver and is owned, leased or otherwise authorized for use by the transportation network company driver.  (2) The term does not include: (i) a call or demand service or limousine service as defined under 53 Pa.C.S. § 5701 (relating to definitions);  (ii) a common carrier, common carrier by motor vehicle or motor carrier; (iii) a broker or contract carrier by motor vehicle as defined under section 2501(b) (relating to declaration of policy and definitions); or  (iv) a vehicle operated under a ridesharing arrangement or by a ridesharing operator as defined under the act of December 14, 1982 (P.L.1211, No.279), entitled "An act providing for ridesharing arrangements and providing that certain laws shall be inapplicable to ridesharing arrangements."  "Prearranged ride." The provision of transportation by a transportation network company driver to a passenger, beginning when a transportation network company driver accepts a ride requested by a passenger through a digital network, continuing while the driver transports the passenger and ending when the last passenger departs from the personal vehicle. A prearranged ride does not include:  (1) transportation provided using a call or demand service or limousine service as defined under 53 Pa.C.S. § 5701 (relating to definitions);  (2) a common carrier, common carrier by motor vehicle or motor carrier, unless a prearranged ride is provided by a dual motor carrier;  (3) a broker or contract carrier by motor vehicle as defined under section 2501(b) (relating to declaration of policy and definitions); or  (4) a driver operating under a ridesharing arrangement or a ridesharing operator as defined under the act of December 14, 1982 (P.L.1211, No.279), entitled "An act providing for ridesharing arrangements and providing that certain laws shall be inapplicable to ridesharing arrangements."  "Public utility." (1) Any person or corporations now or hereafter owning or operating in this Commonwealth equipment or facilities for:  (i) Producing, generating, transmitting, distributing or furnishing natural or artificial gas, electricity, or steam for the production of light, heat, or power to or for the public for compensation.  (ii) Diverting, developing, pumping, impounding, distributing, or furnishing water to or for the public for compensation.  (iii) Transporting passengers or property as a common carrier. (iv) Use as a canal, turnpike, tunnel, bridge, wharf, and the like for the public for compensation. (v) Transporting or conveying natural or artificial gas, crude oil, gasoline, or petroleum products, materials for refrigeration, or oxygen or nitrogen, or other fluid substance, by pipeline or conduit, for the public for compensation.  (vi) Conveying or transmitting messages or communications, except as set forth in paragraph (2)(iv), by telephone or telegraph or domestic public land mobile radio service including, but not limited to, point-to-point microwave radio service for the public for compensation.  (vii) Wastewater collection, treatment, or disposal for the public for compensation. (viii) Providing limousine service in a county of the second class pursuant to Subchapter B of Chapter 11 (relating to limousine service in counties of the second class).  (2) The term does not include: (i) Any person or corporation, not otherwise a public utility, who or which furnishes service only to himself or itself.  (ii) Any bona fide cooperative association which furnishes service only to its stockholders or members on a nonprofit basis.  (iii) Any producer of natural gas not engaged in distributing such gas directly to the public for compensation.  (iv) Any person or corporation, not otherwise a public utility, who or which furnishes mobile domestic cellular radio telecommunications service.  (v) Any building or facility owner/operators who hold ownership over and manage the internal distribution system serving such building or facility and who supply electric power and other related electric power services to occupants of the building or facility.  (vi) Electric generation supplier companies, except for the limited purposes as described in sections 2809 (relating to requirements for electric generation suppliers) and 2810 (relating to revenue-neutral reconciliation).  (vii) Service as follows: (A) Any water or sewer service provided to independently owned user premises by a person or corporation that owns and operates as a primary business a resort where:  (I) the service provided is from a point within the boundaries of the resort's property and is provided to no more than 100 independently owned user premises for each type of service;  (II) the service is verified by the resort, in a form and manner prescribed by the commission, to be incidental to the supplier's primary resort business as evidenced by the gross annual revenues derived from each type of service provided to independently owned user premises being less than 1% of the annual gross revenues of the primary resort business;  (III) rates to independently owned user premises do not exceed the average of the rates for comparable service provided by two municipal corporations or municipal authorities or any combination of the two that are reasonably proximate to the resort or within the same county if rural;  (IV) service will not be terminated to any independently owned user premises in the resort, unless termination is requested by the user, is necessary due to nonpayment or to prevent misuse of the system by a user which impairs or jeopardizes service to other users and the resort, or if termination is directed by law, regulation or by a Federal or State agency or governmental body;  (V) the water and sewer service provided to the independently owned user premises is the same service that the resort owner provides to itself or its affiliates;  (VI) the resort adopts a resolution providing that it will not serve any additional independently owned user premises except if lawfully directed by any Federal or State agency or governmental body to protect public health and safety due to an emergency such as contamination or failure of existing supply, and does not revoke or amend such resolution without first notifying the secretary of the commission in writing 30 days in advance of such proposed revocation or amendment; and  (VII) disputes between an independently owned user premises and the resort are resolved by the applicable court system.  (B) For purposes of this subparagraph: (I) The term "resort" means a place or business visited primarily for leisure or vacation that offers or provides lodging, entertainment, hospitality, dining, recreational facilities or activities for guests, business conferees, members or residents.  (II) The term "independently owned user premises" means a structure not owned by the resort or its affiliates, including a structure intended to be used as a seasonal residence, served from a point within the boundaries of a resort and to which a resort owner or its affiliates provides water or sewer service.  (3) For the purposes of sections 2702 (relating to construction, relocation, suspension and abolition of crossings), 2703 (relating to ejectment in crossing cases) and 2704 (relating to compensation for damages occasioned by construction, relocation or abolition of crossings) and those portions of sections 1501 (relating to character of service and facilities), 1505 (relating to proper service and facilities established on complaint; authority to order conservation and load management programs) and 1508 (relating to reports of accidents), as those sections or portions thereof relate to safety only, a municipal authority or transportation authority organized under the laws of this Commonwealth shall be considered a public utility when it owns or operates, for the carriage of passengers or goods by rail, a line of railroad composed of lines formerly owned or operated by the Pennsylvania Railroad, the Penn-Central Transportation Company, the Reading Company or the Consolidated Rail Corporation.  "Railroad." Every railroad, other than a street railway, by whatsoever power operated, for public use in the conveyance of passengers or property, or both, and all the facilities thereof.  "Rate." Every individual, or joint fare, toll, charge, rental, or other compensation whatsoever of any public utility, or contract carrier by motor vehicle, made, demanded, or received for any service within this part, offered, rendered, or furnished by such public utility, or contract carrier by motor vehicle, whether in currency, legal tender, or evidence thereof, in kind, in services or in any other medium or manner whatsoever, and whether received directly or indirectly, and any rules, regulations, practices, classifications or contracts affecting any such compensation, charge, fare, toll, or rental.  "Rate base." The value of the whole or any part of the property of a public utility which is used and useful in the public service.  "Service." Used in its broadest and most inclusive sense, includes any and all acts done, rendered, or performed, and any and all things furnished or supplied, and any and all facilities used, furnished, or supplied by public utilities, or contract carriers by motor vehicle, in the performance of their duties under this part to their patrons, employees, other public utilities, and the public, as well as the interchange of facilities between two or more of them, but shall not include any acts done, rendered or performed, or any thing furnished or supplied, or any facility used, furnished or supplied by public utilities or contract carriers by motor vehicle in the transportation of voting machines to and from polling places for or on behalf of any political subdivision of this Commonwealth for use in any primary, general or special election, or in the transportation of any injured, ill or dead person, or in the transportation by towing of wrecked or disabled motor vehicles, or in the transportation of pulpwood or chemical wood from woodlots.  "Service line." The pipe and appurtenances of the gas utility, water utility or wastewater utility which connect any main with either the point of connection of a customer's service line or the meter of the public utility if the utility owns all the pipe and appurtenances between its main and meter.  "Street railway." Every railroad and railway, or any extension or extensions thereof, by whatsoever power operated, for public use in the conveyance of passengers or property, or both, located mainly or in part upon, above, below, through, or along any highway in any city, borough, or town, and not constituting or used as a part of a trunk line railroad system, and all the facilities thereof.  "Tariff." All schedules of rates, all rules, regulations, practices, or contracts involving any rate or rates, including contracts for interchange of service, and, in the case of a common carrier, schedules showing the method of distribution of the facilities of such common carrier.  "Transportation network company" or "company." A person or entity licensed by the commission to operate a transportation network service in this Commonwealth and that uses a digital network to facilitate prearranged rides. The following shall apply:  (1) The term shall include a dual motor carrier. (2) The term shall not include: (i) A common carrier, common carrier by motor vehicle or motor carrier other than a dual motor carrier.  (ii) A company providing transportation under a ridesharing arrangement, as defined under the act of December 14, 1982 (P.L.1211, No.279), entitled "An act providing for ridesharing arrangements and providing that certain laws shall be inapplicable to ridesharing arrangements."  "Transportation network company driver" or "driver." As follows:  (1) An individual who: (i) receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and  (ii) uses a personal vehicle to offer or provide a prearranged ride to passengers upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.  (2) The term shall include a dual motor carrier driver. (3) The term shall not include an individual who receives only reimbursement for actual expenses incurred during the provision of transportation.  "Transportation network company passenger" or "passenger." A person who uses a digital network to connect with a transportation network driver who provides prearranged rides to the passenger in the driver's personal vehicle between points chosen by the passenger.  "Transportation network service" or "service." (1) A service which meets all of the following: (i) Matches a passenger and transportation network company driver using a digital network in advance of a prearranged ride.  (ii) Is characterized by a transportation network company driver offering or providing a prearranged ride to a passenger.  (iii) Is rendered on an exclusive basis. For purposes of this paragraph, the term "exclusive basis" means a transportation network service on a given prearranged ride when each individual, party or group may not be required to ride with another passenger on that prearranged ride unless the individual, party or group consents to additional passengers on the prearranged ride.  (2) The term includes the periods when: (i) A driver is logged onto a transportation network company's digital network and available for service.  (ii) A driver is conducting a prearranged ride. "Transportation of passengers or property." Any and all service in connection with the receiving, transportation, elevation, transfer in transit, ventilation, refrigeration, icing, storage, handling, and delivering of property, baggage or freight, as well as any and all service in connection with the transportation or carrying of passengers, but shall not mean any service in connection with the receiving, transportation, handling or delivering of voting machines to and from polling places for or on behalf of any political subdivision of this Commonwealth for use in any primary, general or special election, or the transportation of any injured, ill or dead person, or the transportation by towing of wrecked or disabled motor vehicles, or the transportation of pulpwood or chemical wood from woodlots.  "Wastewater." Any used water and water-carried solids collected or conveyed by a sewer, including:  (1) Sewage, as defined in section 2 of the act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act.  (2) Industrial waste originating from an establishment. For the purposes of this paragraph, the terms "industrial waste" and "establishment" shall be as defined in section 1 of the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.  (3) Infiltration or inflow into sewers. (4) Other water containing solids or pollutants. (5) Storm water which is or will become mixed with waters described under paragraph (1), (2), (3) or (4) within a combined sewer system.  The term does not include storm water collected in a municipal separate storm sewer, as that term is defined by 40 CFR 122.26(b)(8) (relating to storm water discharges (applicable to State NPDES programs, see § 123.25)), that does not flow into a combined sewer system.  (Mar. 7, 1984, P.L.104, No.22, eff. 60 days; Sept. 27, 1984, P.L.721, No.153, eff. 60 days; Dec. 21, 1984, P.L.1265, No.240, eff. imd.; Dec. 21, 1984, P.L.1270, No.241, eff. imd.; Oct. 10, 1985, P.L.257, No.62, eff. 60 days; June 30, 1988, P.L.481, No.81, eff. 60 days; Dec. 3, 1996, P.L.802, No.138, eff. Jan. 1, 1997; June 22, 1999, P.L.122, No.21, eff. June 30, 2000; Apr. 2, 2002, P.L.218, No.23, eff. imd.; Nov. 30, 2004, P.L.1578, No.201, eff. 14 days; June 23, 2016, P.L.362, No.50, eff. imd.; Nov. 4, 2016, P.L.1180, No.154, eff. imd.; Nov. 4, 2016, P.L.1222, No.164, eff. imd.; Dec. 22, 2017, P.L.1244, No.77, eff. 60 days; July 2, 2019, P.L.357, No.53, eff. 60 days)    2019 Amendment. Act 53 amended the def. of "service line."  2017 Amendment. Act 77 amended the def. of "common carrier by motor vehicle."  2016 Amendments. Act 50 amended the def. of "public utility," retroactive to January 1, 2009, Act 154 amended par. (1)(vii) of the def. of "public utility" and added the def. of "wastewater" and Act 164 amended the defs. of "common carrier" and "motor carrier," added par. (10) of the def. of "common carrier by motor vehicle" and added the defs. of "digital network," "dual motor carrier," "dual motor carrier driver," "dynamic pricing," "personal vehicle," "prearranged ride," "transportation network company" or "company," "transportation network company driver" or "driver," "transportation network company passenger" or "passenger" and "transportation network service" or "service."  2004 Amendment. Act 201 amended par. (4) of the def. of "common carrier by motor vehicle."  1999 Amendment. Act 21 added the def. of "city natural gas distribution operation."  1988 Amendment. Act 81 amended the def. of "common carrier by motor vehicle."  1984 Amendments. Act 22 added the defs. of "customer's service line" and "service line," Acts 153 and 240 added the def. of "rate base" and Act 241 amended the def. of "public utility." The amendments by Acts 153 and 240 are identical and therefore have been merged.  Cross References. Section 102 is referred to in sections 510, 1308, 1503, 1509, 1522, 2202, 2212, 3310 of this title; sections 103, 202, 204 of Title 26 (Eminent Domain); sections 8401, 9501 of Title 74 (Transportation); section 102 of Title 75 (Vehicles).