66 Pa.C.S. Ch. 11

in effect

66 Pa.C.S. § 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.

66 Pa.C.S. § 1102 Enumeration of acts requiring certificate.

(a) General rule.--Upon the application of any public utility and the approval of such application by the commission, evidenced by its certificate of public convenience first had and obtained, and upon compliance with existing laws, it shall be lawful: (1) For any public utility to begin to offer, render, furnish or supply within this Commonwealth service of a different nature or to a different territory than that authorized by: (i) A certificate of public convenience granted under this part or under the former provisions of the act of July 26, 1913 (P.L.1374, No.854), known as "The Public Service Company Law," or the act of May 28, 1937 (P.L.1053, No.286), known as the "Public Utility Law." (ii) An unregistered right, power or privilege preserved by section 103 (relating to prior rights preserved). (2) For any public utility to abandon or surrender, in whole or in part, any service, except that this provision is not applicable to discontinuance of service to a patron for nonpayment of a bill, or upon request of a patron. (3) For any public utility or an affiliated interest of a public utility as defined in section 2101 (relating to definition of affiliated interest), except a common carrier by railroad subject to the Interstate Commerce Act, to acquire from, or to transfer to, any person or corporation, including a municipal corporation, by any method or device whatsoever, including the sale or transfer of stock and including a consolidation, merger, sale or lease, the title to, or the possession or use of, any tangible or intangible property used or useful in the public service. Such approval shall not be required if: (i) the undepreciated book value of the property to be acquired or transferred does not exceed $1,000; (ii) the undepreciated book value of the property to be acquired or transferred does not exceed the lesser of: (A) 2% of the undepreciated book value of all fixed assets of such public utility; or (B) $5,000 in the case of personalty or $50,000 in the case of realty; (iii) the property to be acquired is to be installed new as a part of or consumed in the operation of the used and useful property of such public utility; or (iv) the property to be transferred by such public utility is obsolete, worn out or otherwise unserviceable. Subparagraphs (i) through (iv) shall not be applicable, and approval of the commission evidenced by a certificate of public convenience shall be required, if any such acquisition or transfer of property involves a transfer of patrons. (4) For any public utility to acquire 5% or more of the voting capital stock of any corporation. (5) For any municipal corporation to acquire, construct, or begin to operate, any plant, equipment, or other facilities for the rendering or furnishing to the public of any public utility service beyond its corporate limits. (b) Protection of railroad employees.--As a condition of its approval of any transaction covered by this section and involving those railroad carriers wholly located within this Commonwealth subject to the provisions of this part, the commission shall require a fair and equitable arrangement to protect the interests of the railroad employees affected and the commission shall include in its order of approval the terms and conditions it deems fair and equitable for the protection of the employees. The terms and conditions which the commission prescribes shall provide that, during the period of four years from the effective date of the order, the employees of the railroad carrier affected by the order shall not be in a worse position with respect to their employment except that any protection afforded an employee shall not be required to continue for a period longer than that during which the employee was in the employ of the railroad carrier prior to the effective date of the order. Notwithstanding any other provision of this section, the commission may accept as fair and equitable an agreement pertaining to the protection of the interests of the employees entered into by the railroad carrier and the duly authorized representatives of the employees. Cross References. Section 1102 is referred to in sections 1329, 1901, 3019 of this title.

66 Pa.C.S. § 1103 Procedure to obtain certificates of public convenience.

(a) General rule.--Every application for a certificate of public convenience shall be made to the commission in writing, be verified by oath or affirmation, and be in such form, and contain such information, as the commission may require by its regulations. A certificate of public convenience shall be granted by order of the commission, only if the commission shall find or determine that the granting of such certificate is necessary or proper for the service, accommodation, convenience, or safety of the public. The commission, in granting such certificate, may impose such conditions as it may deem to be just and reasonable. In every case, the commission shall make a finding or determination in writing, stating whether or not its approval is granted. Any holder of a certificate of public convenience, exercising the authority conferred by such certificate, shall be deemed to have waived any and all objections to the terms and conditions of such certificate. (b) Investigations and hearings.--For the purpose of enabling the commission to make such finding or determination, it shall hold such hearings, which shall be public, and, before or after hearing, it may make such inquiries, physical examinations, valuations, and investigations, and may require such plans, specifications, and estimates of cost, as it may deem necessary or proper in enabling it to reach a finding or determination. (c) Taxicabs.--(Repealed). (d) Temporary authority.--Except during the threat or existence of a labor dispute, the commission under such regulations as it shall prescribe may, without hearing, in proper cases, consider and approve applications for certificates of public convenience, and in emergencies grant temporary certificates under this chapter, pending action on permanent certificates; but no applications shall be denied without right of hearing thereon being tendered to the applicant. (e) Armored vehicles.--A certificate of public convenience to provide the transportation of property of unusual value, including money and securities, in armored vehicles shall be granted by order of the commission upon application. Such carriers must conform to the rules and regulations of the commission. (June 19, 1980, P.L.244, No.69, eff. 30 days; July 6, 1984, P.L.602, No.123, eff. imd.; Apr. 4, 1990, P.L.93, No.21, eff. 90 days; Dec. 30, 2002, P.L.2001, No.230, eff. 60 days; July 16, 2004, P.L.758, No.94) 2004 Repeal. Act 94 repealed subsec. (c). Section 25(1)(ii) of Act 94 provided that the repeal of subsec. (c) shall take effect in 270 days or on the date of publication of the notice under section 24 of Act 94. The notice was published in the Pennsylvania Bulletin March 12, 2005, at 35 Pa.B. 1737. See sections 20(5), 21(5) and 24 of Act 94 in the appendix to this title for special provisions relating to Pennsylvania Public Utility Commission contracts, preservation of rights, obligations, duties and remedies and publication in Pennsylvania Bulletin. 1984 Amendment. Act 123 added subsec. (e). 1980 Amendment. Act 69 added subsecs. (c) and (d), effective in 30 days as to subsec. (c)(4) and immediately as to the remainder of the section. See the preamble and sections 2, 3 and 4 of Act 69 in the appendix to this title for special provisions relating to legislative findings, taxicab service in first class cities, annual reports to committees of General Assembly and effective date and applicability. Cross References. Section 1103 is referred to in section 3202 of this title; section 5516 of Title 53 (Municipalities Generally).

66 Pa.C.S. § 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).

66 Pa.C.S. § 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.

66 Pa.C.S. § 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.

66 Pa.C.S. § 1123 Regulations.

The commission is authorized to prescribe such rules and regulations as it deems necessary to administer and enforce this subchapter.

66 Pa.C.S. § 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=66Fetched: 10/16/2026