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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1312 - Refunds

§ 1312. Refunds.
(a) General rule.--
If, in any proceeding involving rates, the commission shall determine that any rate received by a public utility was unjust or unreasonable, or was in violation of any regulation or order of the commission, or was in excess of the applicable rate contained in an existing and effective tariff of such public utility, the commission shall have the power and authority to make an order requiring the public utility to refund the amount of any excess paid by any patron, in consequence of such unlawful collection, within four years prior to the date of the filing of the complaint, together with interest at the legal rate from the date of each such excessive payment. In making a determination under this section, the commission need not find that the rate complained of was extortionate or oppressive. Any order of the commission awarding a refund shall be made for and on behalf of all patrons subject to the same rate of the public utility. The commission shall state in any refund order the exact amount to be paid, the reasonable time within which payment shall be made, and shall make findings upon pertinent questions of fact.
(b) Suit for refund.--
If the public utility fails to make refunds within the time for payment fixed by any final order of the commission or court, any patron entitled to any refund may sue therefor and the findings and order made by the commission shall be prima facie evidence of the facts therein stated, and that the amount awarded is justly due the plaintiff in such suit, and the defendant public utility shall not be permitted to avail itself of the defense that the service was, in fact, rendered to the plaintiff at the rate contained in its tariffs in force at the time payment was made and received, nor shall the defendant public utility be permitted to avail itself of the defense that the rate was reasonable. Any patron entitled to any refund shall be entitled to recover, in addition to the amount of refund, a penalty of 50% of the amount of such refund, together with all court costs and reasonable attorney fees. No suit may be maintained for a refund unless instituted within one year from the date of the order of the commission or court. Any number of patrons entitled to such refund may join as plaintiffs and recover their several claims in a single action, in which action the court shall render a judgment severally for each plaintiff as his interest may appear.
(c) Condition for suit.--
No action shall be brought in any court for a refund, unless and until the commission shall have determined that the rate in question was unjust or unreasonable, or in violation of any regulation or order of the commission, or in excess of the applicable rate contained in an existing and effective tariff, and then only to recover such refunds as may have been awarded and directed to be paid by the commission in such order.
Cross References.
Section 1312 is referred to in sections 1308, 3019 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1313 - Price upon resale of public utility services

§ 1313. Price upon resale of public utility services.
Whenever any person, corporation or other entity, not a public utility, electric cooperative corporation, municipality authority or municipal corporation, purchases service from a public utility and resells it to consumers, the bill rendered by the reseller to any residential consumer shall not exceed the amount which the public utility would bill its own residential consumers for the same quantity of service under the residential rate of its tariff then currently in effect.
Cross References.
Section 1313 is referred to in section 3313 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1314 - Limitation on prices paid for property and fuel

§ 1314. Limitation on prices paid for property and fuel.
The commission shall adopt regulations prohibiting public utilities subject to its jurisdiction from paying for or agreeing to pay for goods, services, equipment or fuels at prices in excess of those contained in contracts existing between the utilities and providers of such goods, services, equipment or fuel services.
(Nov. 26, 1978, P.L.1245, No.297, eff. 60 days)
1978 Amendment.
Act 297 added section 1314.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1315 - Limitation on consideration of certain costs for electric utilities

§ 1315. Limitation on consideration of certain costs for electric utilities.
Except for such nonrevenue producing, nonexpense reducing investments as may be reasonably shown to be necessary to improve environmental conditions at existing facilities or improve safety at existing facilities or as may be required to convert facilities to the utilization of coal, the cost of construction or expansion of a facility undertaken by a public utility producing, generating, transmitting, distributing or furnishing electricity shall not be made a part of the rate base nor otherwise included in the rates charged by the electric utility until such time as the facility is used and useful in service to the public. Except as stated in this section, no electric utility property shall be deemed used and useful until it is presently providing actual utility service to the customers.
(Dec. 30, 1982, P.L.1473, No.335, eff. imd.)
1982 Amendment.
Act 335 added section 1315. Section 2 of Act 335 provided that Act 335 shall be applicable to all proceedings pending before the Public Utility Commission and the courts at the time and also provided that nothing contained in Act 335 shall be construed to modify or change existing law with regard to rate making treatment of investment in facilities of fixed utilities other than electric utilities.
Cross References.
Section 1315 is referred to in sections 315, 514, 521, 530, 1319 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1316.1 - Recovery of club dues

§ 1316.1. Recovery of club dues.
No public utility may charge to its customers as a permissible operating expense for ratemaking purposes membership fees, dues or charges to fraternal, social or sports clubs or organizations.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
1986 Amendment.
Act 114 added section 1316.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1319 - Financing of energy supply alternatives

§ 1319. Financing of energy supply alternatives.
(a) Recovery of certain additional expenses.--
If:
(1) a natural gas or electric public utility elects to establish a conservation or load management program and that program is approved by the commission after a determination by the commission that the program is prudent and cost-effective; or
(2) the commission orders a natural gas or electric public utility to establish a conservation or load management program that the commission determines to be prudent and cost-effective;
the commission shall allow the public utility to recover all prudent and reasonable costs associated with the development, management, financing and operation of the program, provided that such prudent and reasonable costs shall be recovered only in accordance with appropriate accounting principles. Nothing in this section shall permit the recovery of costs in a manner prohibited by section 1315 (relating to limitation on consideration of certain costs for electric utilities). Nothing in this section shall permit the recovery of the cost of producing, generating, transmitting, distributing or furnishing electricity or natural gas.
(b) Option for recovery.--
The commission may consider allowing the recovery of those costs permitted to be recovered by subsection (a) through charges to those persons who are participants in the financing program.
(Dec. 21, 1984, P.L.1270, No.241, eff. imd.; July 10, 1986, P.L.1238, No.114, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1320 - Fuel purchase audits by complaint

§ 1320. Fuel purchase audits by complaint.
(1) Upon complaint, the commission shall conduct an audit of an electric public utility's purchases of fuel for generating purposes. Such an audit shall examine the utility's fuel purchasing activities for the two years prior to the date of such complaint, provided that:
(i) The utility does its own testing or procures its own analysis of its fuel.
(ii) The fuel cost of the utility for the most recently completed fiscal year exceeds that of the prior fiscal year by more than 5%.
(iii) The commission has not completed and made available to the public a fuel purchase audit of the utility in the past two years.
(2) This audit, which shall be completed within one year of the date of initiation of the complaint, shall include, but not be limited to, a comparison of unit price paid for fuel for generating purposes, considering such factors as ash, sulfur content, British thermal units, transportation costs and reliability of supply.
(3) The audit shall seek to determine whether the public utility's fuel purchasing procedures are conducted in such a manner as to result in the greatest benefit to the ratepayers.
(4) The commission's audit report shall contain recommendations as to methods by which the utility's fuel purchasing procedures can be adjusted so as to result in the greatest benefit to the ratepayers.
(5) The commission shall take the audit report into consideration at the utility's next request for a rate adjustment.
(6) Upon completion and release by the commission, copies of the audit report summary shall be mailed to every person who requests a copy.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
1986 Amendment.
Act 114 added section 1320.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1321 - Recovery of certain employee meeting expenses

§ 1321. Recovery of certain employee meeting expenses.
No public utility may charge to its customers as a permissible operating expense for ratemaking purposes any portion or portions of the direct or indirect costs of meetings, conferences, seminars or other events conducted by the utility for its employees, managers or directors which portion or portions of such costs represent expenditures for activities or items unrelated to the business or civic purpose of the event, such as costs for entertainment, recreation, athletic activities, personal clothing or other personal effects.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
1986 Amendment.
Act 114 added section 1321.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1324 - Residential telephone service rates based on duration or distance of call

§ 1324. Residential telephone service rates based on duration or distance of call.
(a) Required charging method.--
In addition to any other method of charging offered on an optional basis, a telecommunications utility providing local exchange telephone service to residential customers within a certified exchange area must provide service which charges, for calls originating and terminating within the same local calling area, on the basis of a flat monthly fee for all such calls made.
(b) Options.--
If the commission determines that a telecommunications utility may offer to residential customers an optional method of charging for calls originating and terminating within the same local calling area based, in whole or in part, on the duration or distance of the call, it shall also offer a rate which charges for such calls only on the basis of the number of calls made.
(c) Rate relationship.--
In addition to any other requirements imposed by this title, the rates for services required or permitted pursuant to subsections (a) and (b) shall be maintained at just and reasonable levels in comparison to one another.
(d) Nonresidential rates pursuant to another section.--
Nothing in this section shall preclude the commission from establishing rates for other classes of telephone service based upon another section of this title.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
1986 Amendment.
Act 114 added section 1324.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1325 - Local exchange service increases; limitation (Repealed)

§ 1325. Local exchange service increases; limitation (Repealed).
2004 Repeal.
Section 1325 was repealed November 30, 2004, P.L.1398, No.183, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1326 - Standby charge prohibited

§ 1326. Standby charge prohibited.
(a) Prohibition.--
A public utility that furnishes water to or for the public shall not impose a standby charge on owners of residential structures equipped with automatic fire protection systems.
(b) Definition.--
As used in this section, the term "standby charge" means an amount, in addition to the regular rate, assessed against the owner of a residential structure for the reason that the residential structure is equipped with an automatic fire protection system.
(July 6, 1988, P.L.490, No.83, eff. imd.)
1988 Amendment.
Act 83 added section 1326.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1328 - Determination of public fire hydrant rates

§ 1328. Determination of public fire hydrant rates.
(a) General rule.--
A public utility that furnishes water to or for the public shall be allowed to recover in rates the full cost of service related to public fire hydrants.
(b) Charge to municipalities and other customers of the public utility.--
(1) In determining the rates to be charged for public fire hydrants by a public utility that furnishes water to or for the public, the commission shall as part of a utility's general rate proceeding provide for the recovery of the costs of public fire hydrants in such a manner that the municipalities in which those public fire hydrants are located are not charged for more than 25% of the cost of service for those public fire hydrants, as such cost of service is reasonably determined by the commission.
(2) The commission shall also as part of the utility's general rate proceeding provide for the recovery of the remaining cost of service for those public fire hydrants not recovered from the municipalities under paragraph (1) by assessing all customers of the public utility the remaining cost of service to the public fire hydrants. The remaining cost of service for those public fire hydrants shall be included in the public utility's fixed or service charge or minimum bill.
(c) Effect on current rates.--
The legal rates charged to municipalities for public fire hydrants in effect on the effective date of this section shall remain frozen and shall not be changed until the present rates for those public fire hydrants are determined to be below the 25% ceiling established under subsection (b). The remaining cost of service for those public fire hydrants not recovered from the municipality shall be recovered from all customers of the public utility in the public utility's fixed or service charge or minimum bill.
(d) Definition.--
As used in this section, the term "public fire hydrant" means a fire hydrant that is charged, at least in part, to a municipality such as a city, borough, town or township.
(June 30, 1995, P.L.165, No.23, eff. 60 days)
1995 Amendment.
Act 23 added section 1328.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1352 - Long-term infrastructure improvement plan

§ 1352. Long-term infrastructure improvement plan.
(a) Submission.--
In order to be eligible to recover costs under section 1353 (relating to distribution system improvement charge), a utility must submit a long-term infrastructure improvement plan. The plan shall include the following:
(1) Identification of the types and age of eligible property owned or operated by the utility for which the utility would seek recovery under this subchapter.
(2) An initial schedule for the planned repair and replacement of eligible property.
(3) A general description of the location of the eligible property.
(4) A reasonable estimate of the quantity of eligible property to be improved.
(5) Projected annual expenditures to implement the plan and measures taken to ensure that the plan is cost effective.
(6) The manner in which the replacement of aging infrastructure will be accelerated and how the repair, improvement or replacement will ensure and maintain adequate, efficient, safe, reliable and reasonable service.
(7) If the plan is not adequate and sufficient to ensure and maintain adequate, efficient, safe, reliable and reasonable service, the commission shall order a new or revised plan.
(b) Periodic review.--
(1) The commission shall promulgate regulations for the periodic review at least once every five years of long-term infrastructure plans. The regulations may authorize a utility to revise, update or resubmit a plan as appropriate.
(2) The regulations shall ensure that a distribution system improvement charge shall terminate if the commission determines that the utility is not in compliance with the approved plan.
Cross References.
Section 1352 is referred to in sections 1353, 1360 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1353 - Distribution system improvement charge

§ 1353. Distribution system improvement charge.
(a) Authority.--
Except as provided under this subchapter, after January 1, 2013, a utility may petition the commission, or the commission, after notice and hearing, may approve the establishment of a distribution system improvement charge to provide for the timely recovery of the reasonable and prudent costs incurred to repair, improve or replace eligible property in order to ensure and maintain adequate, efficient, safe, reliable and reasonable service.
(b) Petition.--
A petition for commission approval of a distribution system improvement charge shall include the following:
(1) An initial tariff that complies with a model tariff adopted by the commission. The proposed tariff shall include the following:
(i) A description of the eligible property.
(ii) The effective date of the distribution system improvement charge.
(iii) Computation of the distribution system improvement charge.
(iv) The method by which the utility will provide quarterly updates of the distribution improvement charge.
(v) A description of consumer protections.
(2) Testimony, affidavits, exhibits or other evidence that demonstrates that a distribution improvement system charge is in the public interest and will facilitate utility compliance with the following:
(i) The provision and maintenance of adequate, efficient, safe, reliable and reasonable service consistent with section 1501 (relating to character of service and facilities).
(ii) Commission regulations and orders relating to the provision and maintenance of adequate, efficient, safe, reliable and reasonable service.
(iii) Any other requirement under Federal or State law relating to the provision and maintenance of adequate, efficient, safe, reliable and reasonable service.
(3) A long-term infrastructure improvement plan under section 1352 (relating to long-term infrastructure improvement plan).
(4) Certification that a base rate case has been filed within five years prior to the date of the filing of the petition under section 1308(d) (relating to voluntary changes in rates).
(5) If a base rate case has not been filed within five years prior to the date of the filing of the petition, the utility must file a base rate case in order to be eligible for a distribution system improvement charge.
(6) Any other information required by the commission.
Cross References.
Section 1353 is referred to in sections 1352, 1355 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1354 - Customer notice

§ 1354. Customer notice.
Utilities shall provide notice to customers in bill inserts or through other means as prescribed by the commission of the following:
(1) Submission of the proposed distribution system improvement charge and initial tariff.
(2) Notice of the commission's disposition of the submission under paragraph (1).
(3) Any changes that occur as a result of quarterly adjustments.
(4) Any other information required by the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1355 - Review

§ 1355. Review.
Following the filing of a petition in compliance with section 1353 (relating to distribution system improvement charge), the commission shall, after notice and opportunity to be heard, approve, modify or reject the distribution system improvement charge and initial tariff. The commission shall hold evidentiary and public input hearings as necessary to review the petition.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1356 - Asset optimization plans

§ 1356. Asset optimization plans.
A utility with an approved distribution system charge and long-term infrastructure plan shall file annual asset optimization plans. The plan shall include the following:
(1) A description that specifies all eligible property repaired, improved and replaced in the immediately preceding 12-month period pursuant to the utility's long-term infrastructure improvement plan and prior year's asset optimization plan.
(2) A detailed description of all the facilities to be improved in the upcoming 12-month period.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1359 - Projects

§ 1359. Projects.
(a) Standards.--
The commission shall establish standards to ensure that work on utility systems to repair, improve or replace eligible property is performed by qualified employees of either the utility or an independent contractor in a manner that protects system reliability and the safety of the public.
(b) Inspection.--
Projects for which work to repair, improve or replace eligible property is performed by independent contractors shall be subject to reliability and safety standards and to inspection by utility employees.
(c) Cost.--
Work on projects to repair, improve or replace eligible property that is not performed by qualified employees or contractors or inspected by the utility's qualified personnel shall not be eligible for recovery of a distribution system improvement charge.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 13 - Rates and Distribution Systems › Section 1360 - Applicability

§ 1360. Applicability.
(a) Acceptance.--
The commission may accept a long-term infrastructure plan filed by a water utility prior to the effective date of this subsection in order to comply with section 1352 (relating to long-term infrastructure improvement plan).
(b) Submission.--
The commission may require the submission of a new long-term infrastructure plan by a water utility.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Extra - Chapter Notes

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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1402 - Declaration of policy

§ 1402. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Formal service rules were first adopted by the Pennsylvania Public Utility Commission in 1978 with the stated goal of enforcing uniform, fair and equitable residential utility service standards governing eligibility criteria, credit and deposit practices, account billing, termination and restoration of service procedures and customer complaint procedures. These rules have not successfully managed the issue of bill payment. Increasing amounts of unpaid bills now threaten paying customers with higher rates due to other customers' delinquencies.
(2) The General Assembly believes that it is now time to revisit these rules and provide protections against rate increases for timely paying customers resulting from other customers' delinquencies. The General Assembly seeks to achieve greater equity by eliminating opportunities for customers capable of paying to avoid the timely payment of public utility bills.
(3) Through this chapter, the General Assembly seeks to provide public utilities with an equitable means to reduce their uncollectible accounts by modifying the procedures for delinquent account collections and by increasing timely collections. At the same time, the General Assembly seeks to ensure that service remains available to all customers on reasonable terms and conditions.
(4) The General Assembly believes that it is appropriate to provide additional collection tools to city natural gas distribution operations to recognize the financial circumstances of the operations and protect their ability to provide natural gas for the benefit of the residents of the city.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1405 - Payment arrangements

§ 1405. Payment arrangements.
(a) General rule.--
The commission is authorized to investigate complaints regarding payment disputes between a public utility, applicants and customers. The commission is authorized to establish payment arrangements between a public utility, customers and applicants within the limits established by this chapter.
(b) Length of payment arrangements.--
The length of time for a customer to resolve an unpaid balance on an account that is subject to a payment arrangement that is investigated by the commission and is entered into by a public utility and a customer shall not extend beyond:
(1) Five years for customers with a gross monthly household income level not exceeding 150% of the Federal poverty level.
(2) Three years for customers with a gross monthly household income level exceeding 150% and not more than 250% of the Federal poverty level.
(3) One year for customers with a gross monthly household income level exceeding 250% of the Federal poverty level and not more than 300% of the Federal poverty level.
(4) Six months for customers with a gross monthly household income level exceeding 300% of the Federal poverty level.
(c) Customer assistance programs.--
Customer assistance program rates shall be timely paid and shall not be the subject of payment arrangements negotiated or approved by the commission.
(d) Number of payment arrangements.--
Absent a change in income, the commission shall not establish or order a public utility to establish a second or subsequent payment arrangement if a customer has defaulted on a previous payment arrangement established by a commission order or decision. A public utility may, at its discretion, enter into a second or subsequent payment arrangement with a customer.
(e) Extension of payment arrangements.--
If the customer defaults on a payment arrangement established under subsections (a) and (b) as a result of a significant change in circumstance, the commission may reinstate the payment arrangement and extend the remaining term for an initial period of six months. The initial extension period may be extended for an additional six months for good cause shown.
(f) Failure to comply with payment arrangement.--
Failure of a customer to comply with the terms of a payment arrangement shall be grounds for a public utility to terminate the customer's service. Pending the outcome of a complaint filed with the commission, a customer shall be obligated to pay that portion of the bill which is not in dispute and subsequent bills which are not in dispute.
(Oct. 22, 2014, P.L.2545, No.155, eff. 60 days)
2014 Amendment.
Act 155 amended the section heading and subsecs. (a), (b) intro. par. and (2), (c), (d), (e) and (f).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1408 - Surcharges for uncollectible expenses prohibited

§ 1408. Surcharges for uncollectible expenses prohibited.
The commission shall not grant or order for any public utility a cash receipts reconciliation clause or another automatic surcharge mechanism for uncollectible expenses. Any orders by the commission entered after the effective date of this chapter for a cash receipts reconciliation clause or other automatic surcharge for uncollectible expenses shall be null and void. This section shall not affect any clause associated with universal service and energy conservation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1409 - Late payment charge waiver

§ 1409. Late payment charge waiver.
A public utility shall waive late payment charges on any customer accounts if the charges were improperly assessed. The commission may order a waiver of any late payment charges levied by a public utility as a result of a delinquent account for customers with a gross monthly household income not exceeding 150% of the Federal poverty level.
(Oct. 22, 2014, P.L.2545, No.155, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1410 - Complaints filed with commission

§ 1410. Complaints filed with commission.
The following apply:
(1) The commission shall accept formal and informal complaints only from customers or applicants who affirm that they have first contacted the public utility for the purpose of resolving the problem about which the customer wishes to file a complaint. If the customer has not contacted the public utility, the commission shall direct the customer to the public utility.
(2) Pending the outcome of a formal or informal complaint filed with the commission, the customer shall be obligated to pay that portion of the bill which is not in dispute and subsequent bills which are not in dispute.
(3) For a formal complaint filing to be valid, the customer or applicant must provide a statement attesting to the truth as to the facts alleged in the complaint. All testimony in formal complaint proceedings must be under oath.
(Oct. 22, 2014, P.L.2545, No.155, eff. 60 days)
Cross References.
Section 1410 is referred to in section 1410.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1410.1 - Public utility duties

§ 1410.1. Public utility duties.
When a customer or applicant contacts a public utility to make a payment agreement as required by section 1410 (relating to complaints filed with commission), the public utility shall:
(1) Provide information about the public utility's universal service programs, including a customer assistance program.
(2) Refer the customer or applicant to the universal service program administrator of the public utility to determine eligibility for a program and to apply for enrollment in a program.
(3) Have an affirmative responsibility to attempt to collect payment on an overdue account. The utility shall report to the commission annually residential customer accounts which have accumulated $10,000 or more in arrearages and shall demonstrate what efforts are being taken to collect the arrearages. Failure to make reasonable attempts to collect payments on overdue accounts with arrearages in excess of $10,000 may result in civil fines or other appropriate sanctions by the commission.
(4) Report to the commission on an annual basis the number of medical certificates and renewals submitted and accepted in the service territory.
(Oct. 22, 2014, P.L.2545, No.155, eff. 60 days)
2014 Amendment.
Act 155 added section 1410.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1411 - Automatic meter readings

§ 1411. Automatic meter readings.
All readings by an automatic meter reader device shall be deemed actual readings for the purposes of this title. Upon a customer request, the public utility shall secure an in-person meter reading to confirm the accuracy of an automatic meter reading device when a customer disconnects service or a new service request is received. A public utility may charge a fee, as provided in a commission-approved tariff.
(Oct. 22, 2014, P.L.2545, No.155, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1412 - Reporting of delinquent customers

§ 1412. Reporting of delinquent customers.
A city natural gas distribution operation shall report to the Pennsylvania Intergovernmental Cooperation Authority established pursuant to the act of June 5, 1991 (P.L.9, No.6), known as the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class, an assisted city or corporate entity of an assisted city, as those terms are defined in the Pennsylvania Intergovernmental Cooperation Authority Act, that has not paid in full for charges for service by the due dates stated on the bill or otherwise agreed upon.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1413 - Reporting of recipients of public assistance

§ 1413. Reporting of recipients of public assistance.
The Department of Public Welfare shall annually provide a city natural gas distribution operation with the listing of recipients of public assistance in a city of the first class. A city natural gas distribution operation shall not use the listing for anything but qualification and continued eligibility for a customer assistance program or LIHEAP.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1414 - Liens by city natural gas distribution operations

§ 1414. Liens by city natural gas distribution operations.
(a) General rule.--
A city natural gas distribution operation furnishing gas service to a property is entitled to impose or assess a municipal claim against the property and file as liens of record claims for unpaid natural gas distribution service and other related costs, including natural gas supply, in the court of common pleas of the county in which the property is situated or, if the claim for the unpaid natural gas distribution service does not exceed the maximum amount over which the Municipal Court of Philadelphia has jurisdiction, in the Municipal Court of Philadelphia, pursuant to sections 3 and 9 of the act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law, and Chapter 22 (relating to natural gas competition).
(b) Residential field visit charge.--
A city natural gas distribution operation is authorized to charge a minimum fee of $10 for each instance in which its representative is required to visit the residence of a customer in the process of attempting to complete required service termination steps.
(c) Refusal of service.--
The commission shall permit a city natural gas distribution operation to refuse to provide service to an applicant if the applicant has a pending lien or civil judgment by the city natural gas distribution operation outstanding against the applicant or against property owned in whole or in part by the applicant unless the applicant enters into a payment arrangement for the payment of the amount associated with the lien or judgment that remains outstanding at the time of the application.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1415 - Reporting to General Assembly and Governor

§ 1415. Reporting to General Assembly and Governor.
No later than five years following the effective date of this chapter and every five years thereafter, the commission shall submit a report to the Governor, the Chief Clerk of the House of Representatives and the Secretary of the Senate reviewing the implementation of the provisions of this chapter. The report shall include, but not be limited to:
(1) The degree to which the chapter's requirements have been successfully implemented.
(2) The effect upon the cash working capital or cash flow, uncollectible levels and collections of the affected public utilities.
(3) The level of access to utility services by residential customers, including low-income customers.
(4) The effect upon the level of consumer complaints and mediations filed with and adjudicated by the commission.
Public utilities affected by this chapter shall provide data required by the commission to complete this report. In its recommendations, the commission may also propose any legislative or other changes which it deems appropriate to the Governor and the General Assembly.
(Oct. 22, 2014, P.L.2545, No.155, eff. 60 days)
2014 Amendment.
Act 155 amended the intro. par.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1417 - Nonapplicability

§ 1417. Nonapplicability.
This chapter shall not apply to victims under a protection from abuse order as provided by 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or a court order issued by a court of competent jurisdiction in this Commonwealth, which provides clear evidence of domestic violence against the applicant or customer.
(Oct. 22, 2014, P.L.2545, No.155, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1418 - Construction

§ 1418. Construction.
Nothing in this chapter shall affect any rights or procedure under the act of November 26, 1978 (P.L.1255, No.299), known as the Utility Service Tenants Rights Act, or the provisions of Subchapter B of Chapter 15 (relating to discontinuance of service to leased premises).
(Oct. 22, 2014, P.L.2545, No.155, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 14 - Responsible Utility Customer Protection › Section 1419 - Expiration

§ 1419. Expiration.
This chapter shall expire December 31, 2024.
(Oct. 22, 2014, P.L.2545, No.155, eff. 60 days)
2014 Amendment.
Act 155 added section 1419.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 15 - Service and Facilities › Section 1501 - Character of service and facilities

§ 1501. Character of service and facilities.
Every public utility shall furnish and maintain adequate, efficient, safe, and reasonable service and facilities, and shall make all such repairs, changes, alterations, substitutions, extensions, and improvements in or to such service and facilities as shall be necessary or proper for the accommodation, convenience, and safety of its patrons, employees, and the public. Such service also shall be reasonably continuous and without unreasonable interruptions or delay. Such service and facilities shall be in conformity with the regulations and orders of the commission. Subject to the provisions of this part and the regulations or orders of the commission, every public utility may have reasonable rules and regulations governing the conditions under which it shall be required to render service. Any public utility service being furnished or rendered by a municipal corporation beyond its corporate limits shall be subject to regulation and control by the commission as to service and extensions, with the same force and in like manner as if such service were rendered by a public utility. The commission shall have sole and exclusive jurisdiction to promulgate rules and regulations for the allocation of natural or artificial gas supply by a public utility.
Cross References.
Section 1501 is referred to in sections 102, 1353, 2205, 2207, 2807, 3205 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 15 - Service and Facilities › Section 1501.1 - Certain utilities prohibited from using foreign coal

§ 1501.1. Certain utilities prohibited from using foreign coal.
(a) General rule.--
No public utility which provides electricity or heat to a State-owned facility shall use coal mined in a foreign country for the purpose of generating electricity or providing heat.
(b) Definition.--
As used in this section the phrase "State-owned facility" means a building owned by the Commonwealth or any agency or authority of the Commonwealth.
(Dec. 20, 1985, P.L.363, No.103, eff. 60 days)
1985 Amendment.
Act 103 added section 1501.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 15 - Service and Facilities › Section 1502 - Discrimination in service

§ 1502. Discrimination in service.
No public utility shall, as to service, 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 service, either as between localities or as between classes of service, but this section does not prohibit the establishment of reasonable classifications of service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 15 - Service and Facilities › Section 1503 - Discontinuance of service

§ 1503. Discontinuance of service.
(a) Days discontinuance prohibited.--
Except when required to prevent or alleviate an emergency as defined by the commission, except in the case of danger to life or property, no public utility, as defined in paragraph (1)(i), (ii), (v) or (vii) of the definition of "public utility" in section 102 (relating to definitions), shall discontinue, and the commission shall not authorize such a public utility to discontinue, except upon request of the customer, for nonpayment of charges or for any other reason, the rendering of service during the following periods:
(1) On Friday, Saturday or Sunday.
(2) On a bank holiday or on the day preceding a bank holiday.
(3) On a holiday observed by the public utility or on the day preceding such holiday. A holiday observed by a public utility shall mean any day on which the business office of the public utility is closed to observe a legal holiday, to attend public utility meetings or functions or for any other reason.
(4) On a holiday observed by the commission or on the day preceding such holiday.
(b) Personal contact before service discontinued.--
Except when required to prevent or alleviate an emergency as defined by the commission or except in the case of danger to life or property, no public utility referred to in subsection (a) shall discontinue, and the commission shall not authorize such a public utility to discontinue, except upon request of a customer, for nonpayment of charges or for any other reason, the rendering of service without personally contacting the customer at least three days prior to such discontinuance, in addition to any written notice of discontinuance of service. Personal contact shall mean:
(1) contacting the customer by means other than writing; or
(2) contacting another person whom the customer has designated to receive a copy of any notice of disconnection; or
(3) if the customer has not made such designation, contacting a community interest group or other entity, including local police departments, which have previously agreed to receive a copy of the notice of disconnection and to attempt to contact the customer; or
(4) if the customer has not made such designation and no such community interest group or other entity has previously agreed to receive a copy of the notice of disconnection, contacting the commission or such other local government unit as the commission shall, by rule or regulation, designate.
Cross References.
Section 1503 is referred to in section 1406 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 15 - Service and Facilities › Section 1504 - Standards of service and facilities

§ 1504. Standards of service and facilities.
The commission may, after reasonable notice and hearing, upon its own motion or upon complaint:
(1) Prescribe as to service and facilities, including the crossing of facilities, just and reasonable standards, classifications, regulations and practices to be furnished, imposed, observed and followed by any or all public utilities.
(2) Prescribe adequate and reasonable standards for the measurement of quantity, quality, pressure, initial voltage or other condition pertaining to the supply of the service of any and all public utilities.
(3) Prescribe reasonable regulations for the examination and testing of such service, and for the measurement thereof.
(4) Prescribe or approve reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurement.
(5) Provide for the examination and testing of any and all appliances used for the measurement of any service of any public utility.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 15 - Service and Facilities › Section 1505 - Proper service and facilities established on complaint; authority to order conservation and load management programs

§ 1505. Proper service and facilities established on complaint; authority to order conservation and load management programs.
(a) General rule.--
Whenever the commission, after reasonable notice and hearing, upon its own motion or upon complaint, finds that the service or facilities of any public utility are unreasonable, unsafe, inadequate, insufficient, or unreasonably discriminatory, or otherwise in violation of this part, the commission shall determine and prescribe, by regulation or order, the reasonable, safe, adequate, sufficient, service or facilities to be observed, furnished, enforced, or employed, including all such repairs, changes, alterations, extensions, substitutions, or improvements in facilities as shall be reasonably necessary and proper for the safety, accommodation, and convenience of the public.
(b) Authority to order conservation and load management.--
In determining or prescribing safe, adequate and sufficient services and facilities of a public utility, the commission may order the utility to establish a conservation or load management program that the commission determines to be prudent and cost-effective.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
Cross References.
Section 1505 is referred to in section 102 of this title.