reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 65 - PUBLIC OFFICERS › Chapter 13A - Lobbying Disclosure › Section 13A02 - Statement of intent and jurisdiction

§ 13A02. Statement of intent and jurisdiction.
(a) Intent.--
The Constitution of Pennsylvania recognizes that all free governments are founded upon the authority of the people. It further provides that the power to make law in this Commonwealth is vested in the General Assembly, and the power to enforce law is vested in the Executive Department. The Constitution also guarantees the people the right to petition those invested with the powers of government for redress of grievances. The ability of the people to exercise their fundamental authority and to have confidence in the integrity of the processes by which laws are made and enforced in this Commonwealth demands that the identity and scope of activity of those who are paid to influence the actions of the General Assembly and the Executive Department be publicly and regularly disclosed.
(b) Jurisdiction.--
The authority to regulate persons employed to influence the actions of the General Assembly and the Executive Department lies within the jurisdiction of those branches of government. To ensure that the intent of this chapter is not evaded and that all such persons are regulated in a fair and equitable manner, lobbyists and the practice of lobbying shall be subject to this chapter, which shall prevail over any other regulation of professional activity when that activity constitutes lobbying. This chapter is not intended to govern professional activities which do not include lobbying and are properly the subject of regulation by the judicial branch of government or by any government agency.
(c) Regulated profession.--
Membership in a regulated profession shall not excuse a lobbyist from compliance with this chapter.
(d) Administrative agency law.--
Proceedings of the commission are subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 65 - PUBLIC OFFICERS › Chapter 13A - Lobbying Disclosure › Section 13A06 - Exemption from registration and reporting

§ 13A06. Exemption from registration and reporting.
The following persons and activities shall be exempt from registration under section 13A04 (relating to registration) and reporting under section 13A05 (relating to reporting):
(1) An individual who limits lobbying to preparing testimony and testifying before a committee of the General Assembly or participating in an administrative proceeding of an agency.
(2) An individual who is an employee of an entity engaged in the business of publishing or broadcasting while engaged in the gathering and dissemination of news and comment on the news to the general public in the ordinary course of business.
(3) An individual who does not receive economic consideration for lobbying.
(4) An individual whose economic consideration for lobbying, from all principals represented, does not exceed $2,500 in the aggregate during any reporting period.
(5) An individual who engages in lobbying on behalf of the individual's employer if the lobbying represents less than 20 hours during any reporting period.
(6) Except as required under section 13A05(d), a principal whose total expenses for lobbying purposes do not exceed $2,500 during any reporting period.
(7) An elected State official who acts in an official capacity.
(8) An appointed State official acting in an official capacity.
(9) An elected or appointed official of a political subdivision who is acting in an official capacity for the political subdivision.
(10) An employee of the Commonwealth or an agency of the Commonwealth who is acting in an official capacity for the Commonwealth or agency.
(11) An individual representing a bona fide church or bona fide religious body of which the individual is a member where the lobbying is solely for the purpose of protecting the constitutional right to the free exercise of religion.
(12) An individual who is not a registered lobbyist and who serves on an advisory board, working group or task force at the request of an agency or the General Assembly.
(13) Participating as a party or as an attorney at law or representative of a party, case or controversy in any administrative adjudication pursuant to 2 Pa.C.S. (relating to administrative law and procedure).
(14) Expenditures and other transactions subject to reporting under Article XVI of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
(15) Vendor activities under 62 Pa.C.S. §§ 514 (relating to small procurements), 516 (relating to emergency procurements) and efforts directly related to responding to publicly advertised invitations to bid and requests for proposals.
Cross References.
Section 13A06 is referred to in sections 13A03, 13A04, 13A05, 13A08 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Extra - Title Notes

Special Provisions in Appendix.
See sections 14 and 15 of Act 114 of 1986 in the appendix to this title for special
            provisions relating to reestablishment and termination of commission.
Special Provisions in Appendix.
See sections 4, 5 and 6 of Act 201 of 2004 in the appendix to this title for special
            provisions relating to applicability, expiration and administration and enforcement
            of chapter.
66c1401s
Enactment.
Unless otherwise noted, the provisions of Part I were added July 1, 1978, P.L.598,
            No.116, effective in 60 days.
Saved from Suspension.
Pennsylvania Rule of Civil Procedure No. 1549(11), adopted June 3, 1994, provided
            that section 502 shall not be deemed suspended or affected by Rules 1501 through 1536
            relating to action in equity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 1 - General Provisions › Extra - Chapter Notes

Cross References.
Chapter 11 is referred to in sections 2212, 2601, 2604, 3202 of this title.
Enactment.
Subchapter B was added April 2, 2002, P.L.218, No.23, effective immediately.
Cross References.
Subchapter B is referred to in section 102 of this title.
Cross References.
Chapter 13 is referred to in sections 528, 2203, 2607, 2804, 3019 of this title.
Enactment.
Chapter 14 was added November 30, 2004, P.L.1578, No.201, effective in 14 days.
Enactment.
Subchapter B was added November 26, 1978, No.297, effective in 60 days.
Cross References.
Subchapter B is referred to in sections 1418, 2206 of this title.
Enactment.
Chapter 19 was added July 1, 1978, P.L.598, No.116, effective in 60 days.
Cross References.
Chapter 19 is referred to in sections 2212, 3304, 3305 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 1 - General Provisions › Section 103 - Prior rights preserved

§ 103. Prior rights preserved.
(a) Existing law continued.--
Except as otherwise specifically provided in this part, it is the intention of this part to continue existing law. Any public utility, contract carrier by motor vehicle, or broker rendering service or having the right to render service on the day preceding the effective date of this part shall be entitled to the full enjoyment and the exercise of all and every right, power and privilege which it lawfully possessed on that date.
(b) Existing proceedings, certificates, regulations, tariffs and contracts.--
All litigation, hearings, investigations, and other proceedings whatsoever, pending under any repealed statute supplied by this part, shall continue and remain in full force and effect, and may be continued and completed under the provisions of this part. All certificates, permits, licenses, orders, rules, regulations or tariffs made, issued, or filed under any repealed statute supplied by this part, and in full force and effect upon the effective date of this part, shall remain in full force and effect for the term issued, or until revoked, vacated, or modified under the provisions of this part. All existing contracts and obligations of the commission or its predecessor, entered into or created under any repealed statute supplied by this part, and in force and effect upon the effective date of this part, shall remain in full force and effect and shall continue to be performed by the commission.
(c) Remedies cumulative.--
Except as otherwise provided in this part, nothing in this part shall abridge or alter the existing rights of action or remedies in equity or under common or statutory law of this Commonwealth, and the provisions of this part shall be cumulative and in addition to such rights of action and remedies.
Cross References.
Section 103 is referred to in section 1102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 1 - General Provisions › Section 104 - Interstate and foreign commerce

§ 104. Interstate and foreign commerce.
The provisions of this part, except when specifically so provided, shall not apply, or be construed to apply, to commerce with foreign nations, or among the several states, except insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of Congress.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 302 - Removal of commissioner

§ 302. Removal of commissioner.
The Governor, by and with the consent of two-thirds of all of the members of the Senate, shall remove from office any commissioner who violates the provision of section 301(b) (relating to establishment, members, qualifications and chairman) requiring commissioners to devote full time to their official duties and may remove any commissioner for inefficiency, neglect of duty or misconduct in office, giving him a copy of the charges against him, and affording him an opportunity to be publicly heard in person or by counsel in his own defense upon not less than ten days notice. If the commissioner is removed, the Governor shall file with the Department of State a complete statement of all charges made against the commissioner and his finding thereon, together with a complete record of the proceedings.
Cross References.
Section 302 is referred to in section 319 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 303 - Seal

§ 303. Seal.
The commission shall adopt and use an official seal, by which the commission shall authenticate its proceedings, and of which seal the courts shall take judicial notice. A copy of any paper or document on file with the commission authenticated by any such seal shall be evidence equally and in like manner as the original.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 304 - Administrative law judges

§ 304. Administrative law judges.
(a) General rule.--
The office of administrative law judge to the Pennsylvania Public Utility Commission is hereby created. The commission shall have the power to appoint as many qualified and competent administrative law judges as may be necessary for proceedings pursuant to this part, and who shall devote full time to their official duties and who shall perform no duties inconsistent with their duties and responsibilities as administrative law judges. Administrative law judges shall be afforded employment security as provided by the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act." Compensation for administrative law judges shall be established by the commission. If the commission is occasionally and temporarily understaffed of administrative law judges, the commission may appoint qualified and competent persons who meet the minimum standards established by this part to temporarily serve as such judges, who shall serve at the pleasure of the commission and shall receive such compensation as the commission may establish.
(b) Staff.--
The commission may appoint secretaries and legal or technical advisors to assist each judge in performance of his duties or may assign personnel from any of the other bureaus within the commission.
(c) Qualifications.--
All judges must meet the following minimum requirements:
(1) Be an attorney in good standing before the Supreme Court of Pennsylvania.
(2) Have three years of practice before administrative agencies or equivalent experience.
(3) Conform to such other requirements as shall be established by the commission.
(d) Chief administrative law judge.--
The commission shall appoint a chief administrative law judge who shall be responsible for assigning a hearing judge to every proceeding before the commission which may require the utilization of an administrative law judge and who shall receive remuneration above that of any other administrative law judge. The position of chief administrative law judge may not be withdrawn from a person so appointed, nor his salary diminished, except for good cause shown. The chief administrative law judge shall have such other responsibilities as the commission may by rule prescribe.
(June 29, 1982, P.L.658, No.187, eff. imd.; Oct. 31, 1995, P.L.348, No.59, eff. 60 days)
1995 Amendment.
Act 59 amended subsec. (d).
1982 Amendment.
Act 187 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 305 - Director of operations, secretary, employees and consultants

§ 305. Director of operations, secretary, employees and consultants.
(a) Director of operations.--
The commission may appoint a director of operations who shall serve at the pleasure of the commission and shall be responsible for the day-to-day administration and operation of the bureaus and offices of the commission, except that the director of operations shall have responsibility for the prosecutorial function only with regard to administrative matters.
(b) Secretary.--
The commission may appoint and fix the compensation of a secretary to hold office at its pleasure. The secretary shall have such powers and shall perform such duties not contrary to law as the commission shall prescribe. The commission shall have power and authority to designate, from time to time, one of its clerks to perform the duties of the secretary during his absence, and the clerk so designated shall possess, for the time so designated, the powers of the secretary of the commission.
(c) Employees and consultants.--
The commission may appoint, fix the compensation of, authorize and delegate such officers, consultants, experts, engineers, statisticians, accountants, inspectors, clerks and employees as may be appropriate for the proper conduct of the work of the commission. The total compensation paid to consultants in any fiscal year shall not exceed 4% of the commission's budget. The commission shall keep records of the names of each consultant, the services performed for the commission, and the amounts expended for each consultant's services. The commission shall submit these records as a part of its annual budget submission. Such records shall be a matter of public record open for inspection at the office of the commission during the normal business hours of the commission. The commission shall establish, after consultation with the Civil Service Commission, standardized qualifications for employment and advancement, and all titles, and establish different standards for different kinds, grades, and classes of similar work or service. The employees of the commission shall be afforded employment security as provided by the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act," or the appropriate collective bargaining agreement, whichever is applicable, but the commission shall set the salaries of all employees in accordance with the employment standards established under this section.
(July 10, 1986, P.L.1238, No.114; Oct. 15, 2008, P.L.1592, No.129, eff. 30 days)
2008 Amendment.
Act 129 amended subsec. (a).
1986 Amendment.
Act 114 amended the entire section, effective in 60 days as to subsec. (a) and immediately as to the remainder of the section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 306 - Office of Trial Staff (Repealed)

§ 306. Office of Trial Staff (Repealed).
2008 Repeal.
Section 306 was repealed October 15, 2008, P.L.1592, No.129, effective in 30 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 307 - Inspectors for enforcement

§ 307. Inspectors for enforcement.
The commission may employ such inspectors, as it may deem necessary, for the purpose of enforcing the provisions of this part. Such inspectors are hereby declared to be police officers, and are hereby given police power and authority throughout this Commonwealth to arrest on view, without writ, rule, order, or process, any person operating as a motor carrier or common carrier by airplane without a certificate or permit required by this part. Such inspectors are hereby given authority to stop vehicles on the highways of this Commonwealth, and to inspect the cargoes of such vehicles, and any receipts or bills of lading pertaining to such cargoes.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 308.1 - Consumer protection and information

§ 308.1. Consumer protection and information.
(a) Informal complaints.--
The commission shall promulgate regulations by which a consumer may make informal complaints. A party may appeal a determination regarding the informal complaint and seek review by an administrative law judge or special agent subject to the procedures in section 335 (relating to initial decisions and release of documents). The commission shall keep records of each informal complaint received, the matter complained of, the utility involved and the disposition and shall at least annually prepare a report on these matters.
(b) Rate comparison report.--
Annually, by April 15, the commission shall submit a report to the Governor and to the General Assembly. The report shall compare all categories of ratepayers for all electric and gas public utilities so that reasonably accurate comparisons of rates can be made between similar individuals or groups of ratepayers receiving services in different service areas.
(Nov. 30, 2004, P.L.1578, No.201, eff. 14 days)
2004 Amendment.
Act 201 added section 308.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 308.2 - Other bureaus, offices and positions

§ 308.2. Other bureaus, offices and positions.
(a) Establishment of other bureaus, offices and positions.--
In addition to the specific bureaus established in this part, the commission may establish other bureaus, offices and positions to perform the following functions:
(1) Review and provide advice regarding applications, petitions, tariff filings and other matters filed with the commission.
(2) Provide advice, review exceptions and prepare orders regarding matters to be adjudicated.
(3) Conduct financial reviews, earnings analyses and other financial studies.
(4) Conduct economic research, forecasting, energy conservation studies, cost studies and other economic studies related to public utilities.
(5) Monitor industry markets to detect anticompetitive, discriminatory or other unlawful conduct.
(6) Insure adequate maintenance, safety and reliability of utility networks.
(7) Insure adequate service quality, efficiency and availability at just and reasonable rates.
(8) Conduct financial, management, operational and special audits.
(9) Provide consumer information, consumer protection and informal resolution of complaints.
(10) Insure adequate safety, insurance, fitness and other requirements relevant to transportation utilities.
(11) Take appropriate enforcement actions, including rate proceedings, service proceedings and application proceedings, necessary to insure compliance with this title, commission regulations and orders.
(12) Perform other functions the commission deems necessary for the proper work of the commission.
(b) Prohibition on commingling of functions.--
A commission employee engaged in a prosecutory function may not, in that matter or a factually related matter, provide advice or assistance to a commission employee performing an advisory function as to that matter.
(Oct. 15, 2008, P.L.1592, No.129, eff. 30 days; Feb. 14, 2012, P.L.72, No.11, eff. 60 days)
2012
Amendment
.
Act 11 amended subsec. (a)(11).
2008 Amendment.
Act 129 added section 308.2.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 309 - Oaths and subpoenas

§ 309. Oaths and subpoenas.
The commission, or its representative, shall have the power, in any part of this Commonwealth, to subpoena witnesses, to administer oaths, to examine witnesses, or to take such testimony, or compel the production of such books, records, papers, and documents as it may deem necessary or proper in, and pertinent to, any proceeding, investigation, or hearing, held or had by it, and to do all necessary and proper things and acts in the lawful exercise of its powers or the performance of its duties. The fees for serving a subpoena shall be the same as those paid sheriffs for similar services.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 310 - Depositions

§ 310. Depositions.
The commission, or any commissioner, or any party to proceedings before the commission, may cause the deposition of witnesses residing within or without this Commonwealth to be taken in the manner prescribed by the Pennsylvania Rules of Civil Procedure for taking depositions in civil actions.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 311 - Witness fees

§ 311. Witness fees.
Witnesses who are summoned before the commission shall be paid the same fees and mileage as are paid to witnesses in the courts of common pleas. Witnesses whose depositions are taken pursuant to the provisions of this part, and the officer taking the same, shall be entitled to the same fees as are paid for like services in such courts. All disbursements made in the payment of such fees shall be included in and paid in the same manner as is provided for the payment of other expenses of the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 312 - Privilege and immunity

§ 312. Privilege and immunity.
No person shall be excused from testifying or from producing any book, document, paper, or account in any investigation or inquiry by, or hearing before, the commission or its representative, when ordered to do so, upon the ground that the testimony or evidence, book, document, paper, or account required may tend to incriminate him or subject him to penalty or forfeiture. No person shall be prosecuted, punished, or subjected to any forfeiture or penalty for or on account of any act, transaction, matter, or thing concerning which he shall have been compelled, under objection, to testify or produce documentary evidence. No person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 313 - Joint hearings and investigations; reciprocity

§ 313. Joint hearings and investigations; reciprocity.
(a) Joint hearings and investigations.--
The commission shall have full power and authority to make joint investigations, hold joint hearings within or without this Commonwealth, and issue joint or concurrent orders in conjunction or concurrence with any official, board, commission, or agency of any state or of the United States, whether in the holding of such investigations or hearings, or in the making of such orders, the commission shall function under agreements or compacts between states or under the concurrent power of states to regulate the interstate commerce, or as an agency of the Federal Government, or otherwise.
(b) Reciprocity.--
The commission shall have full power and authority to arrange reciprocity of treatment of public utilities and contract carriers by motor vehicle of this Commonwealth by regulatory bodies, under regulatory laws of other states, and to that end the commission is hereby vested with power to impose upon public utilities and contract carriers by motor vehicle of other states, the same penalties, restrictions, and regulations as are imposed by the regulatory body of such other states upon public utilities and contract carriers by motor vehicle of this Commonwealth when operating into, out of, or through such other states.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 314 - Investigation of interstate rates, facilities and service

§ 314. Investigation of interstate rates, facilities and service.
The commission may investigate the interstate rates, traffic facilities, or service of any public utility within this Commonwealth, and when such rates, facilities or service are, in the determination of the commission, unjust, unreasonable, discriminatory or in violation of any Federal law, or in conflict with the rulings, orders or regulations of any Federal regulatory body, the commission may apply, by petition to the proper Federal regulatory body, for relief, or may present to the proper Federal regulatory body all facts coming to its knowledge as to the violation of the rules, orders, or regulations of such regulatory body, or as to the violation of the particular Federal law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 316 - Effect of commission action

§ 316. Effect of commission action.
Whenever the commission shall make any rule, regulation, finding, determination or order, the same shall be prima facie evidence of the facts found and shall remain conclusive upon all parties affected thereby, unless set aside, annulled or modified on judicial review. The issuing or registration by the commission of any certificate, license or permit whatsoever, under the provisions of this part, or any finding, determination or order made by the commission refusing or granting such certificates, licenses or permits, shall not be construed to revive or validate any lapsed, terminated, invalidated or void powers, franchises, rights or privileges; or to enlarge or add to the rights, powers, franchises or privileges contained in any charter, or in the grant of any franchise, or any supplement or amendment to any charter, or to give or remit any forfeiture.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 317 - Fees for services rendered by commission

§ 317. Fees for services rendered by commission.
(a) General rule.--
The commission shall by rule establish on a reasonable cost basis the fees to be charged and collected for the following services:
(1) Copies of paper, testimony and records.
(2) Certifying a copy of any paper, testimony or record.
(3) (Repealed).
(4) Filing of each securities certificate, or each application for a certificate of public convenience, registration certificate, permit or license.
(b) Fees for testing.--
The commission shall by rule establish on a reasonable cost basis the fees to be charged and collected from public utilities for the testing of their instruments of precision and measuring apparatus.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Apr. 4, 1990, P.L.104, No.22, eff. imd.)
1990 Amendment.
Act 22 amended subsec. (b). Section 2 provided that the fees for testing previously established by rule or regulation and currently in effect at the commission shall remain in full force and effect unless and until increased, decreased or otherwise modified pursuant to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
1982 Repeal.
Act 326 repealed subsec. (a)(3).
Cross References.
Section 317 is referred to in section 510 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 318 - Commission to cooperate with other departments

§ 318. Commission to cooperate with other departments.
(a) Vehicle registration plates.--
The Department of Transportation and the commission are hereby authorized and directed to cooperate in the issuance by the Department of Transportation, under the provisions of Title 75 (relating to vehicles), of registration plates for commercial motor vehicles, which will classify and identify motor vehicles operated under certificates or permits issued by the commission, without the necessity of the requirement of separate identification plates in addition to registration plates required under Title 75.
(b) Purity of water supply.--
The commission may certify to the Department of Environmental Resources any question of fact regarding the purity of water supplied to the public by any public utility over which it has jurisdiction, when any such question arises in any controversy or other proceeding before it, and upon the determination of such question by the department incorporate the department's findings in its decision.
(c) Powers of certain governmental agencies unaffected.--
Nothing in this part shall be construed to deprive the Department of Health or the Department of Environmental Resources of any jurisdiction, powers or duties now vested in them.
References in Text.
The Department of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 319 - Code of ethics

§ 319. Code of ethics.
(a) General rule.--
Each commissioner and each administrative law judge shall conform to the following code of ethics for the Public Utility Commission. A commissioner and an administrative law judge must:
(1) Avoid impropriety and the appearance of impropriety in all activities.
(2) Perform all duties impartially and diligently.
(3) Avoid all ex parte communications prohibited in this part.
(4) Abstain publicly from expressing, other than in executive or public session, his personal views on the merits of a matter pending before the commission and require similar abstention on the part of commission personnel subject to his direction and control.
(5) Require staff and personnel subject to his direction to observe the standards of fidelity and diligence that apply to the commissioner and administrative law judge.
(6) Initiate appropriate disciplinary measures against commission personnel for unprofessional conduct.
(7) Disqualify himself from proceedings in which his impartiality might be reasonably questioned.
(8) Inform himself about his personal and fiduciary interests and make a reasonable effort to inform himself about the personal financial interests of his spouse and children.
(9) Regulate his extra-curricular activities to minimize the risk of conflict with his official duties. He may speak, write or lecture and any reimbursed expenses, honorariums, royalties, or other moneys received in connection therewith shall be disclosed annually. Such disclosure statement shall be filed with the secretary of the commission and shall be open to inspection by the public during the normal business hours of the commission during the tenure of the commissioner or of the administrative law judge.
(10) Refrain from solicitation of funds for any political, educational, religious, charitable, fraternal or civic purposes, although he may be an officer, director or trustee of such organizations.
(11) Refrain from financial or business dealing which would tend to reflect adversely on impartiality, although the commissioner or administrative law judge may hold and manage investments which are not incompatible with the duties of his office.
(12) Conform to such additional rules as the commission may prescribe.
(b) Removal of commissioner for violation.--
Any commissioner who violates the provisions of subsection (a) shall be removed from office in the manner provided in section 302 (relating to removal of commissioner).
(c) Removal of judge for violation.--
Any administrative law judge who violates the provisions of subsection (a) shall be removed from office in the manner provided by the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 320 - Annual appropriations

§ 320. Annual appropriations.
The following sums, or as much thereof as may be necessary, are hereby specifically appropriated from the restricted revenue account within the General Fund to the Public Utility Commission to provide for the operation of the commission for the fiscal period July 1, 1982 to June 30, 1983, for the purposes and in the amounts shown:
(1) For the salaries, wages and all necessary expenses for the proper administration of the Public Utility Commission including the chairman and commissioners, Office of the Director of Operations, Bureau of Public Information, Office of Special Assistants, Office of Intergovernmental Affairs and the Secretary's Bureau‌
$5,759,000
(2) For the salaries, wages and all necessary expenses for the proper administration of the Offices of Counsel and Administrative Law Judge‌
4,438,000
(3) For the salaries, wages and all necessary expenses for the proper administration of rates, research and transportation including the Bureau of Conservation, Economics and Energy Planning, Bureau of Nonrail Transportation, Bureau of Rail Transportation and the Bureau of Rates‌
5,309,000
(4) For the salaries, wages and all necessary expenses for the proper administration of investigations, services and enforcement including the Bureau of Audits, the Bureau of Consumer Services and the Bureau of Safety and Compliance‌
5,020,000
(June 29, 1982, P.L.658, No.187, eff. July 1, 1982)
1982 Amendment.
Act 187 added section 320.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 321 - Annual reports

§ 321. Annual reports.
The commission shall annually transmit, to the Governor and the General Assembly and shall make available to the public, a report on the conduct of the commission. The report shall include, but shall not be limited to, a summary of all rate proceedings completed within the reporting period, the amount of the rate increase requested in each such proceeding, the amount of the request granted by the commission in each such proceeding, the percentage increase in rates requested and granted in each such proceeding as compared to the percentage increase requested and granted in the most recent similar proceeding for the affected utility prior to the reporting period, a summary of other significant regulatory issues which the commission resolved during the reporting period, a summary of significant orders and decisions of the commission and the courts of the Commonwealth during the reporting period relating to public utilities, a summary of significant anticipated issues by type of utility and a status report of any commission action regarding these issues, and a summary of the audits completed by the commission during the reporting period. In the annual report and at such other times as the commission determines, the commission shall make recommendations to the Governor and the General Assembly which the commission believes to be necessary or desirable to protect the public interest.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
1986 Amendment.
Act 114 added section 321.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 3 - Public Utility Commission › Section 334 - Presiding officers

§ 334. Presiding officers.
(a) Presiding officers to decide.--
The same presiding officer shall to the fullest extent possible preside at all the reception of evidence in a particular case to which he has been assigned. The same presiding officer who presides at the reception of evidence shall make the recommended decision or initial decision except where such presiding officer becomes unavailable to the commission.
(b) Outside consultation prohibited.--
Save to the extent required for the disposition of ex parte matters not prohibited by this part, no presiding officer shall consult any person or party on any fact in issue unless upon notice and opportunity for all parties to participate; nor shall any presiding officer be responsible to or subject to the supervision or direction of any officer, employee or agent engaged in the performance of investigative or prosecuting functions for the commission. No employee, appointee, commissioner or official engaged in the service of, or in any manner connected with the commission shall engage in ex parte communications save to the extent permitted by this part. No officer, employee or agent engaged in the performance of investigative or prosecuting functions for the commission in any case shall, in that or a factually related case, participate or advise in the decision, recommended decision or commission review, except as witness or counsel in public proceedings.
(c) Ex parte communications.--
Ex parte communications prohibited in this section shall mean any off-the-record communications to or by any member of the commission, administrative law judge, or employee of the commission, regarding the merits or any fact in issue of any matter pending before the commission in any contested on-the-record proceeding. Contested on-the-record proceeding means a proceeding required by a statute, constitution, published commission rule or regulation or order in a particular case, to be decided on the basis of the record of a commission hearing, and in which a protest or a petition or notice to intervene in opposition to requested commission action has been filed. This subsection does not prohibit off-the-record communications to or by any employee of the commission prior to the actual beginning of hearings in a contested on-the-record proceeding when such communications are solely for the purpose of seeking clarification of or corrections in evidentiary materials intended for use in the subsequent hearings.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 501 - General powers

§ 501. General powers.
(a) Enforcement of provisions of part.--
In addition to any powers expressly enumerated in this part, the commission shall have full power and authority, and it shall be its duty to enforce, execute and carry out, by its regulations, orders, or otherwise, all and singular, the provisions of this part, and the full intent thereof; and shall have the power to rescind or modify any such regulations or orders. The express enumeration of the powers of the commission in this part shall not exclude any power which the commission would otherwise have under any of the provisions of this part.
(b) Administrative authority and regulations.--
The commission shall have general administrative power and authority to supervise and regulate all public utilities doing business within this Commonwealth. The commission may make such regulations, not inconsistent with law, as may be necessary or proper in the exercise of its powers or for the performance of its duties.
(c) Compliance.--
Every public utility, its officers, agents, and employees, and every other person or corporation subject to the provisions of this part, affected by or subject to any regulations or orders of the commission or of any court, made, issued, or entered under the provisions of this part, shall observe, obey, and comply with such regulations or orders, and the terms and conditions thereof.
Cross References.
Section 501 is referred to in sections 2212, 2806, 3209 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 502 - Enforcement proceedings by commission

§ 502. Enforcement proceedings by commission.
Whenever the commission shall be of opinion that any person or corporation, including a municipal corporation, is violating, or is about to violate, any provisions of this part; or has done, or is about to do, any act, matter, or thing herein prohibited or declared to be unlawful; or has failed, omitted, neglected, or refused, or is about to fail, omit, neglect, or refuse, to perform any duty enjoined upon it by this part, or has failed, omitted, neglected or refused, or is about to fail, omit, neglect, or refuse to obey any lawful requirement, regulation or order made by the commission; or any final judgment, order, or decree made by any court, then and in every such case the commission may institute injunction, mandamus or other appropriate legal proceedings, to restrain such violations of the provisions of this part, or of the regulations, or orders of the commission, and to enforce obedience thereto.
Saved from Suspension.
Pennsylvania Rule of Civil Procedure No. 1549(11), adopted June 3, 1994, provided that section 502 shall not be deemed suspended or affected by Rules 1501 through 1536 relating to action in equity.
Cross References.
Section 502 is referred to in section 2905 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 503 - Enforcement proceedings by Chief Counsel

§ 503. Enforcement proceedings by Chief Counsel.
The Chief Counsel, in addition to the exercise of the powers and duties now conferred upon him by law, shall also, upon request of the commission proceed in the name of the Commonwealth, by mandamus, injunction, or quo warranto, or other appropriate remedy at law or, in equity, to restrain violations of the provisions of this part, or of the regulations or orders of the commission, or the judgments, orders, or decrees of any court, or to enforce obedience thereto.
(Dec. 18, 1980, P.L.1247, No.226, eff. Jan. 20, 1981)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 504 - Reports by public utilities

§ 504. Reports by public utilities.
The commission may require any public utility to file periodical reports, at such times, and in such form, and of such content, as the commission may prescribe, and special reports concerning any matter whatsoever about which the commission is authorized to inquire, or to keep itself informed, or which it is required to enforce. The commission may require any public utility to file with it a copy of any report filed by such public utility with any Federal department or regulatory body. All reports shall be under oath or affirmation when required by the commission.
Cross References.
Section 504 is referred to in sections 2212, 3209 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 505 - Duty to furnish information to commission; cooperation in valuing property

§ 505. Duty to furnish information to commission; cooperation in valuing property.
Every public utility shall furnish to the commission, from time to time, and as the commission may require, all accounts, inventories, appraisals, valuations, maps, profiles, reports of engineers, books, papers, records, and other documents or memoranda, or copies of any and all of them, in aid of any inspection, examination, inquiry, investigation, or hearing, or in aid of any determination of the value of its property, or any portion thereof, and shall cooperate with the commission in the work of the valuation of its property, or any portion thereof, and shall furnish any and all other information to the commission, as the commission may require, in any inspection, examination, inquiry, investigation, hearing, or determination of such value of its property, or any portion thereof.
Cross References.
Section 505 is referred to in sections 1706, 2212, 3209 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 506 - Inspection of facilities and records

§ 506. Inspection of facilities and records.
The commission shall have full power and authority, either by or through its members, or duly authorized representatives, whenever it shall deem it necessary or proper in carrying out any of the provisions of, or its duties under this part, to enter upon the premises, buildings, machinery, system, plant, and equipment, and make any inspection, valuation, physical examination, inquiry, or investigation of any and all plant and equipment, facilities, property, and pertinent records, books, papers, accounts, maps, inventories, appraisals, valuations, memoranda, documents, or effects whatsoever, of any public utility, or prepared or kept for it by others, and to hold any hearing for such purposes. In the performance of such duties, the commission may have access to, and use any books, records, or documents in the possession of, any department, board, or commission of the Commonwealth, or any political subdivision thereof.
Cross References.
Section 506 is referred to in sections 1706, 2212, 3209 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 507 - Contracts between public utilities and municipalities

§ 507. Contracts between public utilities and municipalities.
Except for a contract between a public utility and a municipal corporation to furnish service at the regularly filed and published tariff rates, no contract or agreement between any public utility and any municipal corporation shall be valid unless filed with the commission at least 30 days prior to its effective date. Upon notice to the municipal authorities, and the public utility concerned, the commission may, prior to the effective date of such contract or agreement, institute proceedings to determine the reasonableness, legality or any other matter affecting the validity thereof. Upon the institution of such proceedings, such contract or agreement shall not be effective until the commission grants its approval thereof.