2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 11 - Certificates of Public Convenience
1102 - Enumeration of acts requiring certificate.

     § 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
     1901, 3019 of this title.