2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 1 - General Provisions
102 - Definitions.

     § 102.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this part which are applicable to specific
     provisions of this part, the following words and phrases when
     used in this part shall have, unless the context clearly
     indicates otherwise, the meanings given to them in this section:
        "City natural gas distribution operation."  A collection of
     real and personal assets used for distributing natural gas to
     retail gas customers owned by a city or a municipal authority,
     nonprofit corporation or public corporation formed pursuant to
     section 2212(m) (relating to city natural gas distribution
     operations).
        "Commission."  The Pennsylvania Public Utility Commission of
     this Commonwealth.
        "Common carrier."  Any and all persons or corporations
     holding out, offering, or undertaking, directly or indirectly,
     service for compensation to the public for the transportation of
     passengers or property, or both, or any class of passengers or
     property, between points within this Commonwealth by, through,
     over, above, or under land, water, or air, and shall include
     forwarders, but shall not include contract carriers by motor
     vehicles, or brokers, or any bona fide cooperative association
     transporting property exclusively for the members of such
     association on a nonprofit basis.
        "Common carrier by motor vehicle."  Any common carrier who or
     which holds out or undertakes the transportation of passengers
     or property, or both, or any class of passengers or property,
     between points within this Commonwealth by motor vehicle for
     compensation, whether or not the owner or operator of such motor
     vehicle, or who or which provides or furnishes any motor
     vehicle, with or without driver, for transportation or for use
     in transportation of persons or property as aforesaid, and shall
     include common carriers by rail, water, or air, and express or
     forwarding public utilities insofar as such common carriers or
     such public utilities are engaged in such motor vehicle
     operations, but does not include:
            (1)  A lessor under a lease given on a bona fide sale of
        a motor vehicle where the lessor retains or assumes no
        responsibility for maintenance, supervision, or control of
        the motor vehicles so sold.
            (2)  Transportation of school children for school
        purposes or to and from school-related activities whether as
        participants or spectators, with their chaperones, or between
        their homes and Sunday school in any motor vehicle owned by
        the school district, private school or parochial school, or
        transportation of school children between their homes and
        school or to and from school-related activities whether as
        participants or spectators, with their chaperones, if the
        person performing the school-related transportation has a
        contract for the transportation of school children between
        their homes and school, with the private or parochial school,
        with the school district or jointure in which the school is
        located, or with a school district that is a member of a
        jointure in which the school is located if the jointure has
        no contracts with other persons for the transportation of
        students between their homes and school, and if the person
        maintains a copy of all contracts in the vehicle at all
        times, or children between their homes and Sunday school in
        any motor vehicle operated under contract with the school
        district, private school or parochial school. Each school
        district shall adopt regulations regarding the number of
        chaperones to accompany students in connection with school-
        related activities.
            (3)  Any owner or operator of a farm transporting
        agricultural products from, or farm supplies to, such farm,
        or any independent contractor or cooperative agricultural
        association hauling agricultural products or farm supplies
        exclusively for one or more owners or operators of farms.
            (4)  Any person or corporation who or which uses, or
        furnishes for use, dump trucks for the transportation of
        ashes, rubbish, excavated and road construction materials.
        This paragraph does not include the use or furnishing of
        five-axle tractor trailers.
            (5)  Transportation of property by the owner to himself,
        or to purchasers directly from him, in vehicles owned and
        operated by the owner of such property and not otherwise used
        in transportation of property for compensation for others.
            (6)  Transportation of voting machines to and from
        polling places by any person or corporation for or on behalf
        of any political subdivision of this Commonwealth for use in
        any primary, general, municipal or special election.
            (7)  Transportation of pulpwood, chemical wood, saw logs
        or veneer logs from woodlots.
            (8)  Transportation by towing of wrecked or disabled
        motor vehicles.
            (9)  Any person or corporation who or which furnishes
        transportation for any injured, ill or dead person.
        "Corporation."  All bodies corporate, joint-stock companies,
     or associations, domestic or foreign, their lessees, assignees,
     trustees, receivers, or other successors in interest, having any
     of the powers or privileges of corporations not possessed by
     individuals or partnerships, but shall not include municipal
     corporations, except as otherwise expressly provided in this
     part, nor bona fide cooperative associations which furnish
     service on a nonprofit basis only to their stockholders or
     members.
        "Customer's service line."  The pipe and appurtenances owned
     by the customer extending from the service connection of the gas
     utility to the inlet of the meter serving the customer.
        "Facilities."  All the plant and equipment of a public
     utility, including all tangible and intangible real and personal
     property without limitation, and any and all means and
     instrumentalities in any manner owned, operated, leased,
     licensed, used, controlled, furnished, or supplied for, by, or
     in connection with, the business of any public utility. Property
     owned by the Commonwealth or any municipal corporation prior to
     June 1, 1937, shall not be subject to the commission or to any
     of the terms of this part, except as elsewhere expressly
     provided in this part.
        "Forwarder."  Any person or corporation not included in the
     terms "motor carrier" or "broker" who or which issues receipts
     or billings for property received by such person or corporation
     for transportation, forwarding, or consolidating, or for
     distribution by any medium of transportation or combination or
     media of transportation, other than solely by motor vehicle.
        "Highway."  A way or place of whatever nature open to the use
     of the public as a matter of right for purposes of vehicular
     traffic.
        "Motor carrier."  A common carrier by motor vehicle, and a
     contract carrier by motor vehicle.
        "Motor vehicle."  Any vehicle which is self-propelled,
     excepting power shovels, tractors other than truck tractors,
     road rollers, agricultural machinery, and vehicles which solely
     move upon or are guided by a track, or travel through the air.
        "Municipal corporation."  All cities, boroughs, towns,
     townships, or counties of this Commonwealth, and also any public
     corporation, authority, or body whatsoever created or organized
     under any law of this Commonwealth for the purpose of rendering
     any service similar to that of a public utility.
        "Person."  Individuals, partnerships, or associations other
     than corporations, and includes their lessees, assignees,
     trustees, receivers, executors, administrators, or other
     successors in interest.
        "Public utility."
            (1)  Any person or corporations now or hereafter owning
        or operating in this Commonwealth equipment or facilities
        for:
                (i)  Producing, generating, transmitting,
            distributing or furnishing natural or artificial gas,
            electricity, or steam for the production of light, heat,
            or power to or for the public for compensation.
                (ii)  Diverting, developing, pumping, impounding,
            distributing, or furnishing water to or for the public
            for compensation.
                (iii)  Transporting passengers or property as a
            common carrier.
                (iv)  Use as a canal, turnpike, tunnel, bridge,
            wharf, and the like for the public for compensation.
                (v)  Transporting or conveying natural or artificial
            gas, crude oil, gasoline, or petroleum products,
            materials for refrigeration, or oxygen or nitrogen, or
            other fluid substance, by pipeline or conduit, for the
            public for compensation.
                (vi)  Conveying or transmitting messages or
            communications, except as set forth in paragraph (2)(iv),
            by telephone or telegraph or domestic public land mobile
            radio service including, but not limited to, point-to-
            point microwave radio service for the public for
            compensation.
                (vii)  Sewage collection, treatment, or disposal for
            the public for compensation.
                (viii)  Providing limousine service in a county of
            the second class pursuant to Subchapter B of Chapter 11
            (relating to limousine service in counties of the second
            class).
            (2)  The term does not include:
                (i)  Any person or corporation, not otherwise a
            public utility, who or which furnishes service only to
            himself or itself.
                (ii)  Any bona fide cooperative association which
            furnishes service only to its stockholders or members on
            a nonprofit basis.
                (iii)  Any producer of natural gas not engaged in
            distributing such gas directly to the public for
            compensation.
                (iv)  Any person or corporation, not otherwise a
            public utility, who or which furnishes mobile domestic
            cellular radio telecommunications service.
                (v)  Any building or facility owner/operators who
            hold ownership over and manage the internal distribution
            system serving such building or facility and who supply
            electric power and other related electric power services
            to occupants of the building or facility.
                (vi)  Electric generation supplier companies, except
            for the limited purposes as described in sections 2809
            (relating to requirements for electric generation
            suppliers) and 2810 (relating to revenue-neutral
            reconciliation).
            (3)  For the purposes of sections 2702 (relating to
        construction, relocation, suspension and abolition of
        crossings), 2703 (relating to ejectment in crossing cases)
        and 2704 (relating to compensation for damages occasioned by
        construction, relocation or abolition of crossings) and those
        portions of sections 1501 (relating to character of service
        and facilities), 1505 (relating to proper service and
        facilities established on complaint) and 1508 (relating to
        reports of accidents), as those sections or portions thereof
        relate to safety only, a municipal authority or
        transportation authority organized under the laws of this
        Commonwealth shall be considered a public utility when it
        owns or operates, for the carriage of passengers or goods by
        rail, a line of railroad composed of lines formerly owned or
        operated by the Pennsylvania Railroad, the Penn-Central
        Transportation Company, the Reading Company or the
        Consolidated Rail Corporation.
        "Railroad."  Every railroad, other than a street railway, by
     whatsoever power operated, for public use in the conveyance of
     passengers or property, or both, and all the facilities thereof.
        "Rate."  Every individual, or joint fare, toll, charge,
     rental, or other compensation whatsoever of any public utility,
     or contract carrier by motor vehicle, made, demanded, or
     received for any service within this part, offered, rendered, or
     furnished by such public utility, or contract carrier by motor
     vehicle, whether in currency, legal tender, or evidence thereof,
     in kind, in services or in any other medium or manner
     whatsoever, and whether received directly or indirectly, and any
     rules, regulations, practices, classifications or contracts
     affecting any such compensation, charge, fare, toll, or rental.
        "Rate base."  The value of the whole or any part of the
     property of a public utility which is used and useful in the
     public service.
        "Service."  Used in its broadest and most inclusive sense,
     includes any and all acts done, rendered, or performed, and any
     and all things furnished or supplied, and any and all facilities
     used, furnished, or supplied by public utilities, or contract
     carriers by motor vehicle, in the performance of their duties
     under this part to their patrons, employees, other public
     utilities, and the public, as well as the interchange of
     facilities between two or more of them, but shall not include
     any acts done, rendered or performed, or any thing furnished or
     supplied, or any facility used, furnished or supplied by public
     utilities or contract carriers by motor vehicle in the
     transportation of voting machines to and from polling places for
     or on behalf of any political subdivision of this Commonwealth
     for use in any primary, general or special election, or in the
     transportation of any injured, ill or dead person, or in the
     transportation by towing of wrecked or disabled motor vehicles,
     or in the transportation of pulpwood or chemical wood from
     woodlots.
        "Service line."  The pipe and appurtenances of the gas
     utility which connect any main with either the point of
     connection of a customer's service line or the meter of the
     public utility if the utility owns all the pipe and
     appurtenances between its main and meter.
        "Street railway."  Every railroad and railway, or any
     extension or extensions thereof, by whatsoever power operated,
     for public use in the conveyance of passengers or property, or
     both, located mainly or in part upon, above, below, through, or
     along any highway in any city, borough, or town, and not
     constituting or used as a part of a trunk line railroad system,
     and all the facilities thereof.
        "Tariff."  All schedules of rates, all rules, regulations,
     practices, or contracts involving any rate or rates, including
     contracts for interchange of service, and, in the case of a
     common carrier, schedules showing the method of distribution of
     the facilities of such common carrier.
        "Transportation of passengers or property."  Any and all
     service in connection with the receiving, transportation,
     elevation, transfer in transit, ventilation, refrigeration,
     icing, storage, handling, and delivering of property, baggage or
     freight, as well as any and all service in connection with the
     transportation or carrying of passengers, but shall not mean any
     service in connection with the receiving, transportation,
     handling or delivering of voting machines to and from polling
     places for or on behalf of any political subdivision of this
     Commonwealth for use in any primary, general or special
     election, or the transportation of any injured, ill or dead
     person, or the transportation by towing of wrecked or disabled
     motor vehicles, or the transportation of pulpwood or chemical
     wood from woodlots.
     (Mar. 7, 1984, P.L.104, No.22, eff. 60 days; Sept. 27, 1984,
     P.L.721, No.153, eff. 60 days; Dec. 21, 1984, P.L.1265, No.240,
     eff. imd.; Dec. 21, 1984, P.L.1270, No.241, eff. imd.; Oct. 10,
     1985, P.L.257, No.62, eff. 60 days; June 30, 1988, P.L.481,
     No.81, eff. 60 days; Dec. 3, 1996, P.L.802, No.138, eff. Jan. 1,
     1997; June 22, 1999, P.L.122, No.21, eff. June 30, 2000; Apr. 2,
     2002, P.L.218, No.23, eff. imd.; Nov. 30, 2004, P.L.1578,
     No.201, eff. 14 days)

        2004 Amendment.  Act 201 amended par. (4) of the def. of
     "common carrier by motor vehicle."
        2002 Amendment.  Act 23 added par. (1)(viii) of the def. of
     "public utility."
        1999 Amendment.  Act 21 added the def. of "city natural gas
     distribution operation."
        1996 Amendment.  Act 138 amended the intro. par. of par. (2)
     of the def. of "public utility" and added par. (2)(v) and (vi).
        1988 Amendment.  Act 81 amended the def. of "common carrier
     by motor vehicle."
        1985 Amendment.  Act 62 amended the def. of "public utility."
        1984 Amendments.  Act 22 added the defs. of "customer's
     service line" and "service line," Acts 153 and 240 added the
     def. of "rate base" and Act 241 amended the def. of "public
     utility." The amendments by Acts 153 and 240 are identical.
        Cross References.  Section 102 is referred to in sections
     510, 1308, 1503, 1509, 1522, 2202, 2212 of this title; section
     5303 of Title 15 (Corporations and Unincorporated Associations);
     sections 103, 202, 204 of Title 26 (Eminent Domain).