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                                                      PRINTER'S NO. 3297

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2278 Session of 2008


        INTRODUCED BY SCHRODER, BOYD, CREIGHTON, DeLUCA, DENLINGER,
           GINGRICH, MANTZ, MILNE, PETRONE, RAPP, REICHLEY, ROHRER,
           RUBLEY, SOLOBAY, SONNEY AND THOMAS, MARCH 5, 2008

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 5, 2008

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, further providing for the procedure
     3     for certificates of public convenience.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1103(a) of Title 66 of the Pennsylvania
     7  Consolidated Statutes is amended and the section is amended by
     8  adding a subsection to read:
     9  § 1103.  Procedure to obtain certificates of public convenience.
    10     (a)  General rule.--Every application for a certificate of
    11  public convenience shall be made to the commission in writing,
    12  be verified by oath or affirmation, and be in such form, and
    13  contain such information, as the commission may require by its
    14  regulations. [A] Except as set forth under subsection (e) or
    15  (f), a certificate of public convenience shall be granted by
    16  order of the commission, only if the commission shall find or
    17  determine that the granting of such certificate is necessary or
    18  proper for the service, accommodation, convenience, or safety of

     1  the public. The commission, in granting such certificate, may
     2  impose such conditions as it may deem to be just and reasonable.
     3  In every case, the commission shall make a finding or
     4  determination in writing, stating whether or not its approval is
     5  granted. Any holder of a certificate of public convenience,
     6  exercising the authority conferred by such certificate, shall be
     7  deemed to have waived any and all objections to the terms and
     8  conditions of such certificate.
     9     * * *
    10     (f)  Common carriers by motor vehicle.--The commission may,
    11  by order, grant a certificate of public convenience to provide
    12  service as a common carrier by motor vehicle if the commission
    13  determines that the applicant is capable of providing safe,
    14  adequate, lawful and dependable service to the public according
    15  to 52 Pa. Code (relating to public utilities).
    16     Section 2.  This act shall take effect in 60 days.










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