(a)
General rule. Notice of applications to the Commission for
authority under the act must be published in the Pennsylvania
Bulletin and as may otherwise be required by the Commission.
(b)
Supplemental
requirements. The Secretary may require additional publication or
notification in one or more of the following ways:
(1) Publication in a newspaper of general
circulation serving the geographical territory affected by the
application.
(2) Actual
notification to the parties affected by the application.
(3) Another form of actual or constructive
notification, including service of the application on interested
persons.
(c)
Protest deadlines. The time for filing protests to
applications is governed by §
5.53 (relating to time of
filing).
(d)
Publication of
application. Except as set forth in §
§
3.361-
3.363,
3.501 and
57.71,
57.72 and
57.74-
57.77 as relating to the 60-day
protest period, or as otherwise provided by the Secretary, application to the
Commission for the following types of authority will be published in the
Pennsylvania Bulletin and, as directed by the Secretary, in a
newspaper of general circulation serving the geographical territory affected by
the application and shall be subject to a 15-day protest period.
(1) To initiate fixed utility service to the
public, including the following:
(i)
Electric.
(ii) Gas.
(iii) Telephone.
(iv) Water.
(v) Wastewater.
(vi) Pipeline.
(vii) Radio-telephone common carrier
service.
(2) To initiate,
in a different nature or to a different territory than is currently authorized,
fixed utility service to the public, including the following:
(i) Electric.
(ii) Gas.
(iii) Telephone.
(iv) Water.
(v) Wastewater.
(vi) Pipeline.
(vii) Radio-telephone common carrier
service.
(3) To abandon,
in whole or in part, fixed utility service to the public, including to the
following:
(i) Electric.
(ii) Gas.
(iii) Telephone.
(iv) Water.
(v) Wastewater.
(vi) Pipeline.
(vii) Radio-telephone common carrier
service.
(4) To initiate
rail utility service to the public.
(5) To initiate, in a different nature or to
a different territory than is currently authorized, rail utility service to the
public.
(6) To abandon, in whole or
in part, rail utility service to the public.
(7) To acquire or transfer tangible or
intangible utility property through sale, merger, consolidation, lease or
transfer of stock.
(8) To acquire
5% or more of the voting stock of another corporation.
(9) To secure exemption under section 619 of
the Pennsylvania Municipalities Planning Code (53 P. S. §
10619).
(10) To construct, alter or abandon, in whole
or in part, or to change the status of a rail utility agency station or team
track.
Notes
The
provisions of this § 5.14 adopted December 2, 1988, effective
1/3/1989, 18 Pa.B. 5451; amended
January 24, 1997, effective 1/25/1997, 27 Pa.B. 414; amended February 13,
1998, effective 2/14/1998, 28
Pa.B. 801; amended April 28, 2006, effective 4/29/2006, 36 Pa.B.
2097.
The provisions of this § 5.14 amended under the
Public Utility Code,
66 Pa.C.S. §
§
501,
504-506,
1301 and
1501.
This section cited in 52 Pa. Code §
5.74 (relating to filing of
petitions to intervene); 52 Pa. Code §
54.35 (relating to publication of
notice of filing); 52 Pa. Code §
54.36 (relating to protests to
applications); 52 Pa. Code §
62.107 (relating to publication of
notice of filing); 52 Pa. Code §
62.108 (relating to protests to
applications); 52 Pa. Code §
63.324 (relating to commission
approval of a general rule transaction subject to
66 Pa.C.S. §
§
1102(a)(3) and
1103); and 52 Pa. Code §
63.325 (relating to commission
approval of a pro forma transaction subject to
66 Pa.C.S. §
§
1102(a)(3) and
1103).
