PRINTER'S NO. 88
No. 94 Session of 1999
INTRODUCED BY SALVATORE AND CONTI, JANUARY 11, 1999
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY 11, 1999
AN ACT 1 Amending Title 66 (Public Utilities) of the Pennsylvania 2 Consolidated Statutes, further defining "public utility" to 3 include certain activities of counties of the first class. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. The definition of "public utility" in section 102 7 of Title 66 of the Pennsylvania Consolidated Statutes is amended 8 to read: 9 § 102. Definitions. 10 Subject to additional definitions contained in subsequent 11 provisions of this part which are applicable to specific 12 provisions of this part, the following words and phrases when 13 used in this part shall have, unless the context clearly 14 indicates otherwise, the meanings given to them in this section: 15 * * * 16 "Public utility." 17 (1) Any person [or corporations], corporation or county 18 of the first class now or hereafter owning or operating in
1 this Commonwealth equipment or facilities for: 2 (i) Producing, generating, transmitting, 3 distributing or furnishing natural or artificial gas, 4 electricity, or steam for the production of light, heat, 5 or power to or for the public for compensation. 6 (ii) Diverting, developing, pumping, impounding, 7 distributing, or furnishing water to or for the public 8 for compensation. 9 (iii) Transporting passengers or property as a 10 common carrier. 11 (iv) Use as a canal, turnpike, tunnel, bridge, 12 wharf, and the like for the public for compensation. 13 (v) Transporting or conveying natural or artificial 14 gas, crude oil, gasoline, or petroleum products, 15 materials for refrigeration, or oxygen or nitrogen, or 16 other fluid substance, by pipeline or conduit, for the 17 public for compensation. 18 (vi) Conveying or transmitting messages or 19 communications, except as set forth in paragraph (2)(iv), 20 by telephone or telegraph or domestic public land mobile 21 radio service including, but not limited to, point-to- 22 point microwave radio service for the public for 23 compensation. 24 (vii) Sewage collection, treatment, or disposal for 25 the public for compensation. 26 (2) The term does not include: 27 (i) Any person or corporation, not otherwise a 28 public utility, who or which furnishes service only to 29 himself or itself. 30 (ii) Any bona fide cooperative association which 19990S0094B0088 - 2 -
1 furnishes service only to its stockholders or members on 2 a nonprofit basis. 3 (iii) Any producer of natural gas not engaged in 4 distributing such gas directly to the public for 5 compensation. 6 (iv) Any person or corporation, not otherwise a 7 public utility, who or which furnishes mobile domestic 8 cellular radio telecommunications service. 9 (v) Any building or facility owner/operators who 10 hold ownership over and manage the internal distribution 11 system serving such building or facility and who supply 12 electric power and other related electric power services 13 to occupants of the building or facility. 14 (vi) Electric generation supplier companies, except 15 for the limited purposes as described in sections 2809 16 (relating to requirements for electric generation 17 suppliers) and 2810 (relating to revenue-neutral 18 reconciliation). 19 (3) For the purposes of sections 2702 (relating to 20 construction, relocation, suspension and abolition of 21 crossings), 2703 (relating to ejectment in crossing cases) 22 and 2704 (relating to compensation for damages occasioned by 23 construction, relocation or abolition of crossings) and those 24 portions of sections 1501 (relating to character of service 25 and facilities), 1505 (relating to proper service and 26 facilities established on complaint) and 1508 (relating to 27 reports of accidents), as those sections or portions thereof 28 relate to safety only, a municipal authority or 29 transportation authority organized under the laws of this 30 Commonwealth shall be considered a public utility when it 19990S0094B0088 - 3 -
1 owns or operates, for the carriage of passengers or goods by 2 rail, a line of railroad composed of lines formerly owned or 3 operated by the Pennsylvania Railroad, the Penn-Central 4 Transportation Company, the Reading Company or the 5 Consolidated Rail Corporation. 6 * * * 7 Section 2. This act shall take effect in 60 days. L3L66JS/19990S0094B0088 - 4 -