2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 21 - Relations with Affiliated Interests
2101 - Definition of affiliated interest.

                                CHAPTER 21
                   RELATIONS WITH AFFILIATED INTERESTS

     Sec.
     2101.  Definition of affiliated interest.
     2102.  Approval of contracts with affiliated interests.
     2103.  Continuing supervision and jurisdiction over contracts.
     2104.  Contracts to be in writing; cost data.
     2105.  Contracts in violation of part void.
     2106.  Effect on rates.
     2107.  Federal regulatory agencies.

        Enactment.  Chapter 21 was added July 1, 1978, P.L.598,
     No.116, effective in 60 days.
        Cross References.  Chapter 21 is referred to in sections
     2212, 2807, 3019 of this title.
     § 2101.  Definition of affiliated interest.
        (a)  General rule.--As used in this part "affiliated
     interest" with a public utility means and includes the
     following:
            (1)  Every corporation and person owning or holding
        directly or indirectly 5% or more of the voting securities of
        such public utility.
            (2)  Every corporation and person in any chain of
        successive ownership of 5% or more of voting securities.
            (3)  Every corporation 5% or more of whose voting
        securities are owned by any person or corporation owning 5%
        or more of the voting securities of such public utility or by
        any person or corporation in any such chain of successive
        ownership of 5% or more of voting securities.
            (4)  Every person who is an officer or director of such
        public utility or of any corporation in any chain of
        successive ownership of 5% or more of voting securities.
            (5)  Every corporation operating a public utility or a
        servicing organization for furnishing supervisory,
        construction, engineering, accounting, legal and similar
        services to utilities, which has one or more officers or one
        or more directors in common with such public utility, to
        every other corporation which has directors in common with
        such public utility where the number of such directors is
        more than one-third of the total number of the utility's
        directors.
            (6)  Every corporation or person which the commission may
        determine as a matter of fact after investigation and hearing
        is actually exercising any substantial influence over the
        policies and actions of such public utility even though such
        influence is not based upon stockholding, stockholders,
        directors or officers to the extent specified in this
        section. As used in this part substantial influence means any
        corporation or person which or who stands in such
        relationship to the public utility that there is an absence
        of free and equal bargaining power between it or him and the
        public utility.
            (7)  Every person or corporation who or which the
        commission may determine as a matter of fact after
        investigation and hearing is actually exercising such
        substantial influence over the policies and actions of such
        public utility in conjunction with one or more other
        corporations or persons, or both, with which or whom they are
        related by ownership or blood relationship, or both, or by
        action in concert that together they are affiliated with such
        public utility within the meaning of this section even though
        no one of them alone is so affiliated.
        (b)  Construction of section.--The term "person" shall not be
     construed to exclude trustees, lessees, holders of beneficial
     equitable interest, voluntary associations, receivers and
     partnerships.

        Cross References.  Section 2101 is referred to in sections
     1102, 1317, 1318 of this title.