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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MUNDY, BRIGGS, BOBACK, DALEY, FABRIZIO, HORNAMAN, KORTZ, MIRABITO, MULLERY, MURPHY, PASHINSKI AND SCHRODER, JULY 26, 2011 |
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| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JULY 26, 2011 |
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| AN ACT |
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1 | Amending Title 66 (Public Utilities) of the Pennsylvania |
2 | Consolidated Statutes, further providing for definitions. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. The definition of "public utility" in section 102 |
6 | of Title 66 of the Pennsylvania Consolidated Statutes is amended |
7 | and the section is amended by adding definitions to read: |
8 | § 102. Definitions. |
9 | Subject to additional definitions contained in subsequent |
10 | provisions of this part which are applicable to specific |
11 | provisions of this part, the following words and phrases when |
12 | used in this part shall have, unless the context clearly |
13 | indicates otherwise, the meanings given to them in this section: |
14 | * * * |
15 | "Gathering line." A pipe that: |
16 | (1) Carries uncompressed gas. |
17 | (2) Is used to gather gas from a producing gas well or |
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1 | production facility for transport to a compressor station, |
2 | other well sites or to transmission or distribution lines or |
3 | mains. |
4 | "Gathering line company." A person or corporation owning or |
5 | operating equipment or a facility in this Commonwealth that: |
6 | (1) Carries uncompressed gas. |
7 | (2) Is used to gather gas from a producing gas well or |
8 | production facility for transport to a compressor station, |
9 | other well sites or to transmission or distribution lines or |
10 | mains. |
11 | * * * |
12 | "Public utility." |
13 | (1) Any person or corporations now or hereafter owning |
14 | or operating in this Commonwealth equipment or facilities |
15 | for: |
16 | (i) Producing, generating, transmitting, |
17 | distributing or furnishing natural or artificial gas, |
18 | electricity, or steam for the production of light, heat, |
19 | or power to or for the public for compensation. |
20 | (ii) Diverting, developing, pumping, impounding, |
21 | distributing, or furnishing water to or for the public |
22 | for compensation. |
23 | (iii) Transporting passengers or property as a |
24 | common carrier. |
25 | (iv) Use as a canal, turnpike, tunnel, bridge, |
26 | wharf, and the like for the public for compensation. |
27 | (v) Transporting or conveying natural or artificial |
28 | gas, crude oil, gasoline, or petroleum products, |
29 | materials for refrigeration, or oxygen or nitrogen, or |
30 | other fluid substance, by pipeline or conduit, for the |
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1 | public for compensation. |
2 | (vi) Conveying or transmitting messages or |
3 | communications, except as set forth in paragraph (2)(iv), |
4 | by telephone or telegraph or domestic public land mobile |
5 | radio service including, but not limited to, point-to- |
6 | point microwave radio service for the public for |
7 | compensation. |
8 | (vii) Sewage collection, treatment, or disposal for |
9 | the public for compensation. |
10 | (viii) Providing limousine service in a county of |
11 | the second class pursuant to Subchapter B of Chapter 11 |
12 | (relating to limousine service in counties of the second |
13 | class). |
14 | (2) The term does not include: |
15 | (i) Any person or corporation, not otherwise a |
16 | public utility, who or which furnishes service only to |
17 | himself or itself. |
18 | (ii) Any bona fide cooperative association which |
19 | furnishes service only to its stockholders or members on |
20 | a nonprofit basis. |
21 | (iii) Any producer of natural gas not engaged in |
22 | distributing such gas directly to the public for |
23 | compensation, including a gathering line company. |
24 | (iv) Any person or corporation, not otherwise a |
25 | public utility, who or which furnishes mobile domestic |
26 | cellular radio telecommunications service. |
27 | (v) Any building or facility owner/operators who |
28 | hold ownership over and manage the internal distribution |
29 | system serving such building or facility and who supply |
30 | electric power and other related electric power services |
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1 | to occupants of the building or facility. |
2 | (vi) Electric generation supplier companies, except |
3 | for the limited purposes as described in sections 2809 |
4 | (relating to requirements for electric generation |
5 | suppliers) and 2810 (relating to revenue-neutral |
6 | reconciliation). |
7 | (3) For the purposes of sections 2702 (relating to |
8 | construction, relocation, suspension and abolition of |
9 | crossings), 2703 (relating to ejectment in crossing cases) |
10 | and 2704 (relating to compensation for damages occasioned by |
11 | construction, relocation or abolition of crossings) and those |
12 | portions of sections 1501 (relating to character of service |
13 | and facilities), 1505 (relating to proper service and |
14 | facilities established on complaint; authority to order |
15 | conservation and load management programs) and 1508 (relating |
16 | to reports of accidents), as those sections or portions |
17 | thereof relate to safety only, a municipal authority or |
18 | transportation authority organized under the laws of this |
19 | Commonwealth shall be considered a public utility when it |
20 | owns or operates, for the carriage of passengers or goods by |
21 | rail, a line of railroad composed of lines formerly owned or |
22 | operated by the Pennsylvania Railroad, the Penn-Central |
23 | Transportation Company, the Reading Company or the |
24 | Consolidated Rail Corporation. |
25 | * * * |
26 | Section 2. This act shall take effect in 60 days. |
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