reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 508 - Power of the commission to vary, reform and revise contracts

§ 508. Power of commission to vary, reform and revise contracts.
The commission shall have power and authority to vary, reform, or revise, upon a fair, reasonable, and equitable basis, any obligations, terms, or conditions of any contract heretofore or hereafter entered into between any public utility and any person, corporation, or municipal corporation, which embrace or concern a public right, benefit, privilege, duty, or franchise, or the grant thereof, or are otherwise affected or concerned with the public interest and the general well-being of this Commonwealth. Whenever the commission shall determine, after reasonable notice and hearing, upon its own motion or upon complaint, that any such obligations, terms, or conditions are unjust, unreasonable, inequitable, or otherwise contrary or adverse to the public interest and the general well-being of this Commonwealth, the commission shall determine and prescribe, by findings and order, the just, reasonable, and equitable obligations, terms, and conditions of such contract. Such contract, as modified by the order of the commission, shall become effective 30 days after service of such order upon the parties to such contract.
Cross References.
Section 508 is referred to in section 2807 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 509 - Regulation of manufacture, sale or lease of appliances

§ 509. Regulation of manufacture, sale or lease of appliances.
It is unlawful for any public utility engaged in the manufacture, sale, or lease of any appliance or equipment offered by such public utility for sale to the public to:
(1) Discontinue service to any consumer for failure of such consumer to pay the whole, or any installment, of the purchase price, or rental, of any appliance or equipment sold to such consumer.
(2) Apply to the purchase price or rental, or any part thereof, of any appliance or equipment purchased by, or leased to, a consumer of the service of the public utility, any deposit or other moneys of the consumer in the possession of the public utility. This restriction does not apply to any claims of the public utility against such consumer when such claims arise from damages to meters or other facilities used to measure and ascertain the quantity of service rendered by the public utility.
(3) Employ in the manufacture, sale, or lease of any such appliance or equipment, any property used in, or revenue derived from, the rendering of service to the public, unless separate accounts as to the property used and the costs incurred by, and the revenue derived from, the manufacture, lease, or sale of such appliance or equipment are adopted, used, and kept by the public utility.
(4) Employ in the manufacture, sale, or lease of any such appliance or equipment, the service of any officer or employee engaged in rendering service to the public, unless separate accounts as to the amount paid to such officer or employee, while engaged in the manufacture, lease or sale of such appliance or equipment, and whether any amount be salary, bonus, commission, or expense are adopted, used, and kept by the public utility.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 511 - Disposition, appropriation and disbursement of assessments and fees

§ 511. Disposition, appropriation and disbursement of assessments and fees.
(a) Payment into General Fund.--
All assessments and fees received, collected or recovered under this chapter shall be paid by the commission into the General Fund of the State Treasury through the Department of Revenue.
(b) Use and appropriation of funds.--
All such assessments and fees, having been advanced by public utilities for the purpose of defraying the cost of administering this part, shall be held in trust solely for that purpose, and shall be earmarked for the use of, and annually appropriated to, the commission for disbursement solely for that purpose.
(c) Requisition of funds.--
All requisitions upon such appropriation shall be signed by the chairman and secretary of the commission, or such deputies as they may designate in writing to the State Treasurer, and shall be presented to the State Treasurer and dealt with by him and the Treasury Department in the manner prescribed by the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."
(Dec. 18, 1980, P.L.1247, No.226, eff. imd.)
1980 Amendment.
Act 226 amended subsec. (b).
Cross References.
Section 511 is referred to in section 510 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 511.1 - Use of Federal funds under energy program

§ 511.1. Use of Federal funds under energy program.
(a) General rule.--
The commission is authorized to apply for and, subject to appropriation by the General Assembly, use Federal funds pursuant to the National Energy Act which is composed of:
(1) The "National Energy Conservation Policy Act," Public Law 95-619.
(2) The "Powerplant and Industrial Fuel Use Act of 1978," Public Law 95-620.
(3) The "Public Utility Regulatory Policies Act of 1978," Public Law 95-617.
(4) The "Natural Gas Policy Act of 1978," Public Law 95-621.
(5) The "Energy Tax Act of 1978," Public Law 95-618.
(6) The "Energy Conservation and Production Act of 1976," Public Law 94-385.
(7) Any future Federal legislation or amendments to the statutes listed in this subsection providing special funds for:
(i) Rate making research and development.
(ii) Energy conservation research and development.
(iii) Motor carrier and rail transportation safety programs.
(iv) Gas safety programs.
(b) Funds not subject to lapse.--
Funds received by the commission pursuant to subsection (a) shall not be subject to lapsing at the end of any fiscal period.
(c) Reimbursement to utilities prohibited.--
Funds received by the commission pursuant to subsection (a) shall not be reimbursed to any public utility.
(Dec. 18, 1980, P.L.1247, No.226, eff. imd.)
1980 Amendment.
Act 226 added section 511.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 512 - Power of commission to require insurance

§ 512. Power of commission to require insurance.
The commission may, as to motor carriers, prescribe, by regulation or order, such requirements as it may deem necessary for the protection of persons or property of their patrons and the public, including the filing of surety bonds, the carrying of insurance, or the qualifications and conditions under which such carriers may act as self-insurers with respect to such matters. All motor carriers of passengers, whose current liquid assets do not exceed their current liabilities by at least $100,000, shall cover each and every vehicle, transporting such passengers, with a public liability insurance policy or a surety bond issued by an insurance carrier or a bonding company authorized to do business in this Commonwealth, in such amounts as the commission may prescribe, but not less than $5,000 for one and $10,000 for more than one person injured in any one accident.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 512.1 - Power of commission to confiscate, impound and sell vehicles

§ 512.1. Power of commission to confiscate, impound and sell vehicles.
(a) Authorization.--
The commission is empowered to confiscate a vehicle and impound and sell a vehicle if the vehicle is used to provide a prearranged ride following disqualification under section 2609(b) (relating to fines and penalties) or suspension or revocation of a transportation network company's license under this title.
(b) Return of vehicle.--
The vehicle may be returned to the registered owner upon payment of the costs of the commission associated with confiscation and impoundment. Failure of a transportation network company, driver of a confiscated vehicle or registered owner to pay these costs may result in forfeiture and sale of the vehicle.
(c) Commission duties.--
The commission shall establish the following by regulation or order:
(1) grounds for confiscation, impoundment or sale;
(2) procedures for satisfaction of outstanding fines, penalties and costs and notice and hearing; and
(3) if the fines, penalties and costs are not timely paid, the timing of the sale and the allocation of proceeds from the sale of impounded vehicles.
(d) Disposition of sale proceeds.--
The proceeds of the sale of a vehicle by the commission under this section shall first be used to satisfy any liens on the vehicle or, if the vehicle is subject to a lease, to pay the lessor damages due to the lessor upon default by the lessee as provided by 13 Pa.C.S. § 2A527 (relating to lessor's rights to dispose of goods) prior to paying any fines, penalties and costs.
(Nov. 4, 2016, P.L.1222, No.164, eff. imd.)
2016 Amendment.
Act 164 added section 512.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 513 - Public letting of contracts

§ 513. Public letting of contracts.
Whenever the commission deems that the public interest so requires, it may direct, by regulation or order, that any public utility shall award contracts or agreements for the construction, improvement, or extension, of its plant or system to the lowest responsible bidder, after a public offering has been made, after advertisement and notice. Any such public utility may participate as a bidder in any such public offering. The commission may prescribe regulations relative to such advertisement, notice, and public letting.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 514 - Use of coal

§ 514. Use of coal.
(a) Upgrading capability to use coal.--
The commission shall promulgate regulations which require utilities to uprate their electric power production by increasing the capability to use coal in existing coal-fueled plants where economically feasible and where the uprate is beneficial to ratepayers.
(b) Incentive for uprating.--
The commission shall promulgate regulations which establish a special cost recovery and shared benefits procedure for electric utilities and their ratepayers as an incentive to implement upratings as provided in subsection (a). Nothing in this section shall permit or require the commission to establish rates or procedures which are inconsistent with any other section in this title.
(c) Cost of upgrading.--
Notwithstanding section 1315 (relating to limitation on consideration of certain costs for electric utilities) and subject to regulations promulgated by the commission, the commission may allow a portion of the prudently incurred costs, determined on a per megawatt basis and not to exceed 50% of the unit's undepreciated original cost per megawatt, of uprating the capability of an existing coal-fueled plant to use coal mined in Pennsylvania to be made a part of the rate base or otherwise included in the rates charged by the utility before such uprating is completed. This subsection shall not apply unless, upon application of the affected public utility, the commission determines that the uprating would be more cost effective for the utility's ratepayers than other alternatives for meeting the utility's load and capacity requirements. Notwithstanding section 1309 (relating to rates fixed on complaint; investigation of costs of production), the commission, by regulation, shall provide for a utility to remove the costs of an uprating from its rate base and to refund any revenues collected as the result of this subsection, plus interest, which shall be the average rate of interest specified for residential mortgage lending by the Secretary of Banking in accordance with the act of January 30, 1974 (P.L.13, No.6), referred to as the Loan Interest and Protection Law, during the period or periods for which the commission orders refunds, if the commission, after notice and hearings, determines that the uprating has not been completed within a reasonable time.
(May 31, 1984, P.L.370, No.74, eff. 60 days; Dec. 21, 1984, P.L.1265, No.240, eff. imd.; July 3, 1986, P.L.348, No.80, eff. 60 days)
Cross References.
Section 514 is referred to in section 523 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 515 - Construction cost of electric generating units

§ 515. Construction cost of electric generating units.
(a) Submission of estimate.--
No later than 30 days after construction of an electric generating unit is begun, either in this Commonwealth or in some other state, any public utility operating in this Commonwealth and owning any share in that unit shall submit to the commission an estimate of the cost of constructing that unit. If the public utility acquires ownership of any share in an electric generating unit which is under construction on the date of acquisition, the public utility shall, within 30 days of the date of acquisition, submit an estimate of the cost of constructing that unit which was formulated no later than 30 days from the beginning of construction.
(b) Auditor in charge.--
For each electric generating unit under construction which falls under the provisions of this section, the commission shall designate an auditor in charge. In addition to the access to evidence granted by this section, each utility having a generating unit under construction shall promptly submit, to the appropriate auditor in charge, copies and a description of any change with respect to construction which may be expected to result in substantial variances in the construction cost. A summary of all other changes shall be submitted to the commission at such reasonable times as the commission shall require.
(c) Access to evidence.--
From and after the beginning of construction of an electric generating unit, the commission, or the auditor in charge, and the Consumer Advocate, or his designee, shall have reasonable access to the construction site and to any oral or documentary evidence relevant to determining the necessity and propriety of any construction cost. If a public utility objects to any request by the commission or the auditor in charge or the Consumer Advocate, or the person designated by the Consumer Advocate, for access to the construction site or to any oral or documentary evidence, the objection shall be decided in the same manner as an on-the-record proceeding pursuant to Chapter 3 (relating to public utility commission). The affected public utility shall have the burden of proof in sustaining any such objection.
(d) Definition.--
As used in this section the term "construction" includes any work performed on an electric generating unit which is expected to require the affected public utility to incur an aggregate of at least $100,000,000 of expenses which, in accordance with generally accepted accounting principles, are capital expenses and not operating or maintenance expenses.
(July 6, 1984, P.L.602, No.123, eff. imd.; July 10, 1986, P.L.1238, No.114, eff. imd.)
Cross References.
Section 515 is referred to in sections 523, 1308 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 520 - Power of commission to order cancellation or modification of construction of electric generating units

§ 520. Power of commission to order cancellation or modification of construction of electric generating units.
(a) General rule.--
The commission shall order any public utility engaged in producing, generating, transmitting, distributing or furnishing electricity to cancel or modify the construction of, or its participation in the construction of, any generating unit where the commission, after notice and an opportunity for hearing, determines that the construction is not in the public interest. In addition to any other relevant matters, the commission shall consider in its determination whether:
(1) The generating unit is necessary for the utility to provide adequate and reliable service to the public.
(2) There are less costly alternatives by which the utility could maintain its ability to provide adequate and reliable service.
(b) Investigations and hearings.--
For the purpose of enabling the commission to make its determination, it may hold hearings, make inquiries and require the submission of information which it deems necessary or proper in enabling it to reach a determination. The burden of proof at these hearings to show that construction of the generating unit is in the public interest shall be on the public utility.
(c) Regulatory treatment of costs.--
Notwithstanding any other provisions of this title, for a generating unit canceled after the effective date of this section, either voluntarily or by commission order, an electric utility may be permitted to recover a return of, but not a return on, prudently incurred costs on any partially completed facility when cancellation is found by the commission to be in the public interest. The burden of proof to show that any costs claimed were prudently incurred shall be on the public utility.
(Oct. 10, 1985, P.L.257, No.62, eff. imd.)
1985 Amendment.
Act 62 added section 520.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 522 - Expense reduction program

§ 522. Expense reduction program.
(a) Target.--
The commission shall establish an expense reduction program for calendar year 1986 for all electric and gas utilities with total annual intrastate operating revenues of at least $40,000,000 and for all telephone utilities with total annual intrastate operating revenues of at least $9,000,000. Utilities regulated by the commission pursuant to this subsection shall make every reasonable effort to reduce their level of expenses, other than expenses associated with depreciation, fuel, collective bargaining agreements and other categories of expense as determined by the commission for the calendar year 1986 as compared to calendar year 1985. The commission shall periodically review the expense reducing efforts undertaken by utilities pursuant to this subsection and shall take appropriate action in response to these efforts.
(b) Ongoing effort.--
The commission may direct or permit any utility to take any lawful action not inconsistent with this title for the purpose of encouraging economies, efficiencies or improvements which benefit the utility and its ratepayers.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
1986 Amendment.
Act 114 added section 522.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 523 - Performance factor consideration

§ 523. Performance factor consideration.
(a) Considerations.--
The commission shall consider, in addition to all other relevant evidence of record, the efficiency, effectiveness and adequacy of service of each utility when determining just and reasonable rates under this title. On the basis of the commission's consideration of such evidence, it shall give effect to this section by making such adjustments to specific components of the utility's claimed cost of service as it may determine to be proper and appropriate. Any adjustment made under this section shall be made on the basis of specific findings upon evidence of record, which findings shall be set forth explicitly, together with their underlying rationale, in the final order of the commission.
(b) Fixed utilities.--
As part of its duties pursuant to subsection (a), the commission shall set forth criteria by which it will evaluate future fixed utility performance and in assessing the performance of a fixed utility pursuant to subsection (a), the commission shall consider specifically the following:
(1) Management effectiveness and operating efficiency as measured by an audit pursuant to section 516 (relating to audits of certain utilities) to the extent that the audit or portions of the audit have been properly introduced by a party into the record of the proceeding in accordance with applicable rules of evidence and procedure.
(2) Action or failure to act pursuant to section 514 (relating to use of coal) to upgrade capability to use coal for electric utilities.
(3) Efficiency and cost-effectiveness of generating capacity for electric utilities.
(4) Action or failure to act to encourage development of cost-effective energy supply alternatives such as conservation or load management, cogeneration or small power production for electric and gas utilities.
(5) Action or failure to act to encourage cost-effective conservation by customers of water utilities.
(6) Action or failure to act to contain costs of constructing new generating units consistent with sections 515 (relating to construction cost of electric generating units) and 1308(f) (relating to voluntary changes in rates).
(7) Any other relevant and material evidence of efficiency, effectiveness and adequacy of service.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
1986 Amendment.
Act 114 added section 523.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 525 - Sale of generating units and power

§ 525. Sale of generating units and power.
The commission may prohibit a public utility from discontinuing an electric generating unit from normal operation if the commission determines that it would be technically feasible and cost effective for the utility to sell the unit or the power from the unit to another utility and if the commission determines that it would be cost effective for the other utility to make such a purchase. The commission may also order the sale of the unit or the power from the unit if the commission determines that such a sale would be technically feasible and cost effective for both the selling and buying utilities.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
1986 Amendment.
Act 114 added section 525.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 526 - Rejection of rate increase requests due to inadequate quality or quantity of service

§ 526. Rejection of rate increase requests due to inadequate quality or quantity of service.
(a) General rule.--
The commission may reject, in whole or in part, a public utility's request to increase its rates where the commission concludes, after hearing, that the service rendered by the public utility is inadequate in that it fails to meet quantity or quality for the type of service provided.
(b) Other powers and duties preserved.--
This section shall not be construed to diminish the powers and duties of the commission under any other provision of law to remedy inadequate service by a public utility.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
1986 Amendment.
Act 114 added section 526. Section 18 provided that section 526 shall be applicable to all cases pending before the commission or courts, whether on appeal or otherwise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 5 - Powers and Duties › Section 527 - Cogeneration rules and regulations

§ 527. Cogeneration rules and regulations.
(a) Availability.--
The commission shall promulgate rules and regulations concerning the rates, terms, conditions and availability of cogeneration in this Commonwealth. The commission shall require that utility rates to the public reflect the costs and savings to the utility from cogeneration, including, but not limited to, the costs incurred by utilities under contracts with nonutility generating unit project developers for the purchase of electric capacity or energy, or both; the costs recoverable under subsection (b) to buy out and cancel unfinished nonutility generating unit projects by mutual agreement of the project developer and the public utility; and the costs prudently incurred by utilities under a voluntary buyout, buydown or other restructured arrangement which are just and reasonable and which reduce the cost to customers of nonutility generating unit projects.
(b) Recovery of cancellation costs of nonutility generating unit projects.--
A nonutility generating unit project is a generating unit project that is not owned by a public utility. If the construction of a nonutility generating unit project for which a public utility has a contract, whether entered into voluntarily or pursuant to commission order, to purchase project energy or project capacity and energy is canceled by mutual agreement of the project developer and the public utility prior to the unit's completion and operation, the public utility may recover all costs to be paid to the project developer and all costs directly related thereto which are prudently incurred as a result of such cancellation. The burden of proof to show that any costs claimed were prudently incurred shall be on the public utility. In reviewing a claim for such costs:
(1) the commission shall not disallow any portion solely on the basis that it constitutes an amount greater than actual development expenditures and all costs related thereto; and
(2) the commission shall consider the amount of the claim compared to the utility's total estimated costs of obligations under the contract.
(July 10, 1986, P.L.1238, No.114, eff. imd.; July 2, 1996, P.L.542, No.94, eff. imd.)
1996 Amendment.
See the preamble and section 2 of Act 94 in the appendix to this title for special provisions relating to legislative findings and construction of act.
Cross References.
Section 527 is referred to in sections 2803, 2804, 2808 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 7 - Procedure on Complaints › Section 701 - Complaints

§ 701. Complaints.
The commission, or any person, corporation, or municipal corporation having an interest in the subject matter, or any public utility concerned, may complain in writing, setting forth any act or thing done or omitted to be done by any public utility in violation, or claimed violation, of any law which the commission has jurisdiction to administer, or of any regulation or order of the commission. Any public utility, or other person, or corporation likewise may complain of any regulation or order of the commission, which the complainant is or has been required by the commission to observe or carry into effect. The Commonwealth through the Attorney General may be a complainant before the commission in any matter solely as an advocate for the Commonwealth as a consumer of public utility services. The commission may prescribe the form of complaints filed under this section.
Cross References.
Section 701 is referred to in sections 1358, 2205, 2807, 3014 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 7 - Procedure on Complaints › Section 702 - Service of complaints on parties

§ 702. Service of complaints on parties.
Upon the filing of a complaint, the commission shall cause to be served upon each party named in the complaint a copy of the complaint and notice from the commission calling upon such party to satisfy the complaint, or to answer the same in writing, within such time as is specified by the commission in the notice. Service in all hearings, investigations and proceedings pending before the commission shall be made by registered or certified mail or by e-mail upon agreement by each party.
(July 2, 2019, P.L.357, No.53, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 9 - Judicial Proceedings › Section 901 - Right to trial by jury

§ 901. Right to trial by jury.
Nothing in this part shall be construed to deprive any party, upon any judicial review of the proceedings and orders of the commission, of the right to trial by jury of any issue of fact raised thereby or therein, where such right is secured either by the Constitution of Pennsylvania or the Constitution of the United States, but in every such case such right of trial by jury shall remain inviolate. When any judicial review is sought, such right shall be deemed to be waived upon all issues, unless expressly reserved in such manner as shall be prescribed by the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 9 - Judicial Proceedings › Section 902 - Reliance on orders pending judicial review

§ 902. Reliance on orders pending judicial review.
The issue or assumption of securities registered by the commission, the performance of any contract or arrangement approved by the commission and any other act by a person or corporation shall be subject to the provisions of 42 Pa.C.S. § 5105(f) (relating to effect of reversal or modification) insofar as relates to any sale, mortgage, exchange or conveyance subject to the jurisdiction of the commission.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment.
Act 326 added present section 902.
Prior Provisions.
Former section 902, which related to costs on review, was added July 1, 1978, P.L.598, No.116, and repealed October 5, 1980, P.L.693, No.142, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 9 - Judicial Proceedings › Section 903 - Restriction on injunctions (Repealed)

§ 903. Restriction on injunctions (Repealed).
1982 Repeal.
Section 903 was repealed December 20, 1982, P.L.1409, No.326, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 11 - Certificates of Public Convenience › 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 11 - Certificates of Public Convenience › Section 1101 - Organization of public utilities and beginning of service

§ 1101. Organization of public utilities and beginning of service.
Upon the application of any proposed public utility and the approval of such application by the commission evidenced by its certificate of public convenience first had and obtained, it shall be lawful for any such proposed public utility to begin to offer, render, furnish, or supply service within this Commonwealth. The commission's certificate of public convenience granted under the authority of this section shall include a description of the nature of the service and of the territory in which it may be offered, rendered, furnished or supplied.
Cross References.
Section 1101 is referred to in section 1104 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 11 - Certificates of Public Convenience › Section 1104 - Certain appropriations by right of eminent domain prohibited

§ 1104. Certain appropriations by right of eminent domain prohibited.
Unless its power of eminent domain existed under prior law, no domestic public utility or foreign public utility authorized to do business in this Commonwealth shall exercise any power of eminent domain within this Commonwealth until it shall have received the certificate of public convenience required by section 1101 (relating to organization of public utilities and beginning of service).
Cross References.
Section 1104 is referred to in section 1511 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 11 - Certificates of Public Convenience › Section 1121 - Definitions

§ 1121. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"County."
A county of the second class.
"Limousine service."
Local nonscheduled common carrier service for passengers rendered in luxury-type vehicles for compensation on an exclusive basis that is arranged in advance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 11 - Certificates of Public Convenience › Section 1122 - Certificate of public convenience required

§ 1122. Certificate of public convenience required.
(a) General rule.--
In order to operate limousine service in a county of the second class, a certificate of public convenience must be issued by the commission.
(b) Enforcement.--
The provisions of this chapter and the rules and regulations promulgated by the commission pursuant to this chapter shall be enforced in counties of the second class by commission personnel.
(c) Restrictions.--
Certificates issued pursuant to this chapter shall be nontransferable unless a transfer is approved by the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 11 - Certificates of Public Convenience › Section 1124 - Miscellaneous provisions

§ 1124. Miscellaneous provisions.
(a) Prosecution preserved.--
Nothing in this subchapter shall be deemed to limit or affect prosecutions for violations under this title, Title 18 (Crimes and Offenses), Title 75 (Vehicles) or any other provision of law.
(b) Inconsistent provisions of law.--
Any other law of this Commonwealth found to be inconsistent with this subchapter is hereby repealed insofar as it affects the regulation of limousine service in counties of the second class.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1301 - Rates to be just and reasonable

§ 1301. Rates to be just and reasonable.
(a) Regulation.--
Every rate made, demanded, or received by any public utility, or by any two or more public utilities jointly, shall be just and reasonable, and in conformity with regulations or orders of the commission. Only public utility service being furnished or rendered by a municipal corporation, or by the operating agencies of any municipal corporation, beyond its corporate limits, shall be subject to regulation and control by the commission as to rates, with the same force, and in like manner, as if such service were rendered by a public utility.
(b) Municipal corporations.--
In determining a just and reasonable rate furnished or rendered by a municipal corporation or by the operating agencies of a municipal corporation providing public utility water or wastewater service beyond its corporate limits, the commission shall employ an imputed capital structure of comparable public utilities providing water or wastewater service.
(Dec. 21, 2017, P.L.1208, No.65, eff. imd.)
Cross References.
Section 1301 is referred to in sections 3015, 3016, 3019 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1301.1 - Computation of income tax expense for ratemaking purposes

§ 1301.1. Computation of income tax expense for ratemaking purposes.
(a) Computation.--
If an expense or investment is allowed to be included in a public utility's rates for ratemaking purposes, the related income tax deductions and credits shall also be included in the computation of current or deferred income tax expense to reduce rates. If an expense or investment is not allowed to be included in a public utility's rates, the related income tax deductions and credits, including tax losses of the public utility's parent or affiliated companies, shall not be included in the computation of income tax expense to reduce rates. The deferred income taxes used to determine the rate base of a public utility for ratemaking purposes shall be based solely on the tax deductions and credits received by the public utility and shall not include any deductions or credits generated by the expenses or investments of a public utility's parent or any affiliated entity. The income tax expense shall be computed using the applicable statutory income tax rates.
(b) Revenue use.--
If a differential accrues to a public utility resulting from applying the ratemaking methods employed by the commission prior to the effective date of subsection (a) for ratemaking purposes, the differential shall be used as follows:
(1) fifty percent to support reliability or infrastructure related to the rate-base eligible capital investment as determined by the commission; and
(2) fifty percent for general corporate purposes.
(b.1) Taxable contributions.--
A water or wastewater public utility shall be solely responsible for funding the income taxes on taxable contributions in aid of construction and customer advances for construction and shall record the income taxes the water or wastewater public utility pays in accumulated deferred income taxes for accounting and ratemaking purposes.
(c) Application.--
The following shall apply:
(1) Subsection (b) shall no longer apply after December 31, 2025.
(2) This section shall apply to all cases where the final order is entered after the effective date of this section.
(June 12, 2016, P.L.332, No.40, eff. 60 days; July 2, 2019, P.L.357, No.53, eff. 60 days)
2019 Amendment.
Act 53 added subsec. (b.1).
2016 Amendment.
Act 40 added section 1301.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1302 - Tariffs; filing and inspection

§ 1302. Tariffs; filing and inspection.
Under such regulations as the commission may prescribe, every public utility shall file with the commission, within such time and in such form as the commission may designate, tariffs showing all rates established by it and collected or enforced, or to be collected or enforced, within the jurisdiction of the commission. The tariffs of any public utility also subject to the jurisdiction of a Federal regulatory body shall correspond, so far as practicable, to the form of those prescribed by such Federal regulatory body. Every public utility shall keep copies of such tariffs open to public inspection under such rules and regulations as the commission may prescribe. One copy of any rate filing shall be made available, at a convenient location and for a reasonable length of time within each of the utilities' service areas, for inspection and study by customers, upon request to the utility.
(Dec. 21, 1984, P.L.1265, No.240, eff. imd.)
Cross References.
Section 1302 is referred to in section 3019 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1303 - Adherence to tariffs

§ 1303. Adherence to tariffs.
No public utility shall, directly or indirectly, by any device whatsoever, or in anywise, demand or receive from any person, corporation, or municipal corporation a greater or less rate for any service rendered or to be rendered by such public utility than that specified in the tariffs of such public utility applicable thereto. The rates specified in such tariffs shall be the lawful rates of such public utility until changed, as provided in this part. Any public utility, having more than one rate applicable to service rendered to a patron, shall, after notice of service conditions, compute bills under the rate most advantageous to the patron.
Cross References.
Section 1303 is referred to in section 3019 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1304 - Discrimination in rates

§ 1304. Discrimination in rates.
No public utility shall, as to rates, make or grant any unreasonable preference or advantage to any person, corporation, or municipal corporation, or subject any person, corporation, or municipal corporation to any unreasonable prejudice or disadvantage. No public utility shall establish or maintain any unreasonable difference as to rates, either as between localities or as between classes of service. Unless specifically authorized by the commission, no public utility shall make, demand, or receive any greater rate in the aggregate for the transportation of passengers or property of the same class, or for the transmission of any message or conversation for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, or any greater rate as a through rate than the aggregate of the intermediate rates. This section does not prohibit the establishment of reasonable zone or group systems, or classifications of rates or, in the case of common carriers, the issuance of excursion, commutation, or other special tickets at special rates, or the granting of nontransferable free passes, or passes at a discount to any officer, employee, or pensioner of such common carrier. No rate charged by a municipality for any public utility service rendered or furnished beyond its corporate limits shall be considered unjustly discriminatory solely by reason of the fact that a different rate is charged for a similar service within its corporate limits.
Cross References.
Section 1304 is referred to in section 3019 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1305 - Advance payment of rates; interest on deposits

§ 1305. Advance payment of rates; interest on deposits.
No public utility shall require the payment of rates in advance, or the making of minimum payments, ready to serve charges, or deposits to secure future payments of rates, except as the commission, by regulation or order, may permit. Any deposit made by any domestic consumer, under the provisions of this section or under any repealed statute supplied by this part, shall be returned with any interest due thereon to the consumer making such deposit when he shall have paid undisputed bills for service over a period of 12 consecutive months.
Cross References.
Section 1305 is referred to in section 3019 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1306 - Apportionment of joint rates

§ 1306. Apportionment of joint rates.
Where public utilities entitled to share in any joint rate shall be unable to agree upon the division thereof, or shall make any unjust or unreasonable division or apportionment thereof, the commission may, after hearing, upon its own motion or upon complaint, fix the proportion to which each public utility shall be entitled.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1309 - Rates fixed on complaint; investigation of costs of production

§ 1309. Rates fixed on complaint; investigation of costs of production.
(a) General rule.--
Whenever the commission, after reasonable notice and hearing, upon its own motion or upon complaint, finds that the existing rates of any public utility for any service are unjust, unreasonable, or in anywise in violation of any provision of law, the commission shall determine the just and reasonable rates, including maximum or minimum rates, to be thereafter observed and in force, and shall fix the same by order to be served upon the public utility, and such rates shall constitute the legal rates of the public utility until changed as provided in this part. Whenever a public utility does not itself produce or generate that which it distributes, transmits, or furnishes to the public for compensation, but obtains the same from another source, the commission shall have the power and authority to investigate the cost of such production or generation in any investigation of the reasonableness of the rates of such public utility.
(b) Deadline for decision.--
Before the expiration of a nine-month period beginning on the date of the commission's motion or the filing of a complaint pursuant to subsection (a), a majority of the members of the commission serving in accordance with law, acting unanimously, shall make a final decision and order, setting forth its reasons therefor. If such an order has not been made at the expiration of such nine-month period and the motion or complaint pursuant to subsection (a) requested a reduction in rates, a final decision and order of the commission which determines or fixes a rate reduction shall be retroactive to the expiration of such nine-month period, provided that nothing herein shall be construed to prohibit the commission from setting temporary rates pursuant to section 1310 (relating to temporary rates) prior to the expiration of such nine-month period and giving such effect to the setting of temporary rates as is otherwise permitted by this title. This subsection shall apply only when the requested reduction in rates affects more than 5% of the customers and amounts to in excess of 3% of the total gross annual intrastate operating revenues of the public utility, provided that, if the public utility furnishes two or more types of service, the foregoing percentages shall be determined only on the basis of the customers receiving, and the revenues derived from, the type of service to which the requested reduction pertains. This subsection shall not apply to any proceeding involving a change in rates proposed by a public utility pursuant to section 1307 (relating to sliding scale of rates; adjustments) or 1308 (relating to voluntary changes in rates).
(July 6, 1988, P.L.490, No.83, eff. imd.)
Cross References.
Section 1309 is referred to in sections 514, 521, 1327, 3019 of this title.