2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 3 - Public Utility Commission
301 - Establishment, members, qualifications and chairman.

                                CHAPTER 3
                        PUBLIC UTILITY COMMISSION

     Subchapter
        A.  General Provisions
        B.  Investigations and Hearings

        Enactment.  Chapter 3 was added July 1, 1978, P.L.598,
     No.116, effective in 60 days.
        Special Provisions in Appendix.  See sections 14 and 15 of
     Act 114 of 1986 in the appendix to this title for special
     provisions relating to reestablishment and termination of
     commission.
        Cross References.  Chapter 3 is referred to in section 515 of
     this title.

                               SUBCHAPTER A
                            GENERAL PROVISIONS

     Sec.
     301.  Establishment, members, qualifications and chairman.
     302.  Removal of commissioner.
     303.  Seal.
     304.  Administrative law judges.
     305.  Director of operations, secretary, employees and
           consultants.
     306.  Office of Trial Staff (Repealed).
     307.  Inspectors for enforcement.
     308.  Bureaus and offices.
     308.1. Consumer protection and information.
     308.2. Other bureaus, offices and positions.
     309.  Oaths and subpoenas.
     310.  Depositions.
     311.  Witness fees.
     312.  Privilege and immunity.
     313.  Joint hearings and investigations; reciprocity.
     314.  Investigation of interstate rates, facilities and service.
     315.  Burden of proof.
     316.  Effect of commission action.
     317.  Fees for services rendered by commission.
     318.  Commission to cooperate with other departments.
     319.  Code of ethics.
     320.  Annual appropriations.
     321.  Annual reports.
     § 301.  Establishment, members, qualifications and chairman.
        (a)  Appointment and terms of members.--The Pennsylvania
     Public Utility Commission, established by the act of March 31,
     1937 (P.L.160, No.43), as an independent administrative
     commission, is hereby continued as such. Prior to the third
     Tuesday in January of 1987, the commission shall consist of five
     members who shall be appointed by the Governor, by and with the
     advice and consent of two-thirds of all the members of the
     Senate, for a term of ten years, provided that the term of any
     member appointed to fill a vacancy existing on the effective
     date of this amendatory act and prior to the third Tuesday in
     January of 1987 shall expire on March 31, 1987. Vacancies on
     April 1, 1987, shall be filled as follows: One term shall be
     until April 1, 1990, and one term shall be until April 1, 1992.
     Confirmation of such gubernatorial appointees shall be by a
     majority of the members of the Senate. If other vacancies occur
     between the effective date of this amendatory act and April 1,
     1987, the term shall be the balance of the term to which the
     predecessor had been appointed. Vacancies after April 1, 1987,
     shall be filled for the balance of the term to which a
     predecessor had been appointed. Thereafter, the commission shall
     consist of five members appointed by the Governor, by and with
     the advice and consent of a majority of the members of the
     Senate, for a term of five years. The Governor may submit the
     nomination to the Senate within 60 days prior to the expiration
     of the term or the effective date of the resignation of the
     member whom the nominee would replace and shall submit that
     nomination no later than 90 days after the expiration of the
     term or the effective date of the resignation. A commissioner
     may continue to hold office for a period not to exceed six
     months beyond the expiration of his term if his successor has
     not been duly appointed and qualified according to law.
        (b)  Qualifications and restrictions.--Each commissioner, at
     the time of his appointment and qualification, shall be a
     resident of this Commonwealth and shall have been a qualified
     elector therein for a period of at least one year next preceding
     his appointment, and shall also be not less than 25 years of
     age. No person shall be appointed a member of the commission or
     hold any place, position or office under it, who occupies any
     official relation to any public utility or who holds any other
     appointive or elected office of the Commonwealth or any
     political subdivision thereof. Commencing July 1, 1977,
     commissioners shall devote full time to their official duties.
     No commissioner shall hold any office or position, the duties of
     which are incompatible with the duties of his office as
     commissioner, or be engaged in any business, employment or
     vocation, for which he shall receive any remuneration, except as
     provided in this chapter. No employee, appointee or official
     engaged in the service of or in any manner connected with, the
     commission shall hold any office or position, or be engaged in
     any employment or vocation, the duties of which are incompatible
     with his employment in the service of or in connection with the
     work of the commission. No commissioner shall be paid or accept
     for any service connected with the office, any fee or emolument
     other than the salary and expenses provided by law. No
     commissioner shall participate in any hearing or proceeding in
     which he has any direct or indirect pecuniary interest. Within
     90 days of confirmation, each commissioner shall disclose, at
     that time and thereafter annually, the existence of all security
     holdings in any public utility or its affiliates held by such
     commissioner, his or her spouse and any minor or unemancipated
     children and must either divest or place in a blind trust such
     securities. As used in this part, blind trust means a trust over
     which neither the commissioners, their spouses, nor any minor or
     unemancipated children shall exercise any managerial control,
     and from which neither the commissioners, their spouses, nor any
     minor or unemancipated children shall receive any income from
     the trust during the commissioner's tenure of office. Such
     disclosure statement shall be filed with the secretary of the
     commission and shall be open to inspection by the public during
     the normal business hours of the commission during the tenure of
     the commissioner. Every commissioner, and every individual or
     official, employed or appointed to office under, in the service
     of, or in connection with, the work of the commission, is
     forbidden, directly or indirectly, to solicit or request from,
     or to suggest or recommend to any public utility, or to any
     officer, attorney, agent or employee thereof, the appointment of
     any individual to any office, place or position in, or the
     employment of any individual in any capacity by, such public
     utility. Every commissioner, every bureau or office director and
     every administrative law judge employed or appointed to office
     under, in the service of or in connection with the work of the
     commission, is prohibited from accepting employment with any
     public utility subject to the rules and regulations of the
     commission for a period of one year, and every commissioner is
     prohibited from appearing before the commission on behalf of any
     public utility subject to the rules and regulations of the
     commission for a period of three years, after terminating
     employment or service with the commission. If any person
     employed or appointed in the service of the commission violates
     any provision of this section, the commission shall forthwith
     remove him from the office or employment held by him.
        (c)  Chairman.--A member designated by the Governor shall be
     the chairman of the commission during such member's term of
     office, except that within 120 days following the third Tuesday
     in January 1987, and, every four years thereafter, the Governor
     shall designate a chairman. The commissioners shall annually
     elect a member to serve as the vice chairman of the commission.
     When present, the chairman shall preside at all meetings, but in
     his absence the vice chairman or, in his absence, a member,
     designated by the chairman, shall preside and shall exercise,
     for the time being, all the powers of the chairman. The chairman
     shall have such powers and duties as authorized by the
     commission as provided in section 331(b) (relating to powers of
     commission and administrative law judges).
        (d)  Quorum.--A majority of the members of the commission
     serving in accordance with law shall constitute a quorum and
     such majority, acting unanimously, shall be required for any
     action, including the making of any order or the ratification of
     any act done or order made by one or more of the commissioners.
     No vacancy in the commission shall impair the right of a quorum
     of the commissioners to exercise all the rights and perform all
     the duties of the commission.
        (e)  Compensation.--Each of the commissioners shall receive
     an annual salary of $55,000, except the chairman, who shall
     receive an annual salary of $57,500.
        (f)  Open proceedings.--The proceedings of the commission
     shall be conducted in accordance with the provisions of the act
     of July 19, 1974 (P.L.486, No.175), referred to as the Public
     Agency Open Meeting Law.
        (g)  Monitoring cases.--Each commissioner shall be
     responsible for monitoring specified cases as shall be assigned
     to him in a manner determined by the commission. All proceedings
     properly before the commission shall be assigned immediately
     upon filing.
     (July 10, 1986, P.L.1238, No.114, eff. imd.)

        2002 Partial Repeal.  Section 4 of Act 231 of 2002 provided
     that section 301 is repealed insofar as it relates to the
     consent required by the Senate to appointments by the Governor.
        1993 Partial Repeal.  Section 2 of Act 30 repealed subsec.
     (e) insofar as it is inconsistent with Act 30.
        1986 Amendment.  Act 114 amended subsecs. (a), (b), (c) and
     (e). Section 16 provided that as much of the amendment to
     subsec. (a) as relates to the advice and consent of a majority
     of all the members of the Senate shall apply on and after the
     third Tuesday of January 1987.
        References in Text.  The act of July 19, 1974 (P.L.486,
     No.175), referred to as the Public Agency Open Meeting Law,
     referred to in subsec. (f), was repealed by the act of July 3,
     1986 (P.L.388, No.84), known as the Sunshine Act. The Sunshine
     Act was repealed by the act of October 15, 1998 (P.L.729,
     No.93). The subject matter is now contained in Chapter 7 of
     Title 65 (Public Officers).
        Cross References.  Section 301 is referred to in section 302
     of this title.