Pennsylvania Consolidated Statutes

66 Pa. Cons. Stat. § 1101 (2026)

 Organization of public utilities and beginning of service.

✓ current as of May 2026
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SUBPART C

REGULATION OF PUBLIC UTILITIES GENERALLY

 

Chapter

11.  Certificates of Public Convenience

13.  Rates and Distribution Systems

14.  Responsible Utility Customer Protection

15.  Service and Facilities

17.  Accounting and Budgetary Matters

19.  Securities and Obligations

21.  Relations with Affiliated Interests

 

 

CHAPTER 11

CERTIFICATES OF PUBLIC CONVENIENCE

 

Subchapter

A.  General Provisions

B.  Limousine Service in Counties of the Second Class

 

Enactment.  Chapter 11 was added July 1, 1978, P.L.598, No.116, effective in 60 days.

Cross References.  Chapter 11 is referred to in sections 2212, 2601, 2604, 3202 of this title.

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

1101.  Organization of public utilities and beginning of service.

1102.  Enumeration of acts requiring certificate.

1103.  Procedure to obtain certificates of public convenience.

1104.  Certain appropriations by right of eminent domain prohibited.

 

Subchapter Heading.  The heading of Subchapter A was added April 2, 2002, P.L.218, No.23, effective immediately.

§ 1101.  Organization of public utilities and beginning of service.

Upon the application of any proposed public utility and the approval of such application by the commission evidenced by its certificate of public convenience first had and obtained, it shall be lawful for any such proposed public utility to begin to offer, render, furnish, or supply service within this Commonwealth. The commission's certificate of public convenience granted under the authority of this section shall include a description of the nature of the service and of the territory in which it may be offered, rendered, furnished or supplied.

 

Cross References.  Section 1101 is referred to in section 1104 of this title.

Notes of Decisions
In Re: Condemnation by Sunoco Pipeline, L.P. of Permanent & Temp. Rights of Way for the Transp. of Ethane, Propane, Liquid Petroleum Gas, & other Petroleum Prods. in the Twp. of North Middleton, Cumberland Cnty., PA ~ Appeal of: R.S. Martin, 143 A.3d 1000 (Pa. Commw. Ct. 2016). · cites it 2× “Section 1104 of the Code, 66 Pa.C.S. § 1104, requires that a public utility must possess a certificate of public convenience (CPC) issued by PUC pursuant to Section 1101 of the Code, 66 Pa.”
Robinson Twp. v. Commonwealth, 147 A.3d 536 (Pa. 2016). “*586 66 Pa.C.S. § 1101. . The Attorney General also asserts that a facial challenge to Section 3241 is premature and that resolution of this question would have to await a situation where a non-public utility attempts to seize property; whereupon a challenge to that taking could…”
In Re: Condemnation by Sunoco Pipeline, L.P. ~ Appeal of: C.S. Katz, Jr. & K.M. Katz, 165 A.3d 1044 (Pa. Commw. Ct. 2017). · cites it 3× “66 Pa.C.S. § 1101. Similarly, Section 1102 of the Code provides, in part: (a) General rule.”
Clean Air Council, M.M. deMarteleire & M.S. Bomstein v. Sunoco Pipeline, L.P., 185 A.3d 478 (Pa. Commw. Ct. 2018). “" See 66 Pa. C.S. §§ 1101, 1104. 15 Pa. C.S. §§ 1101 -4146.”
Bethlehem Steel Corp. v. Pennsylvania Pub. Util. Comm'n, 713 A.2d 1110 (Pa. 1998). · cites it 2× “filed a complaint against Bessie 8 and the individual venturers alleging that the Bessie 8's provision of natural gas to Bethlehem was in violation of Section 1101 of the Public Utility Code, 66 Pa.C.S. § 1101, [3] which requires any proposed public utility to obtain a…”
Chappell v. Pennsylvania Pub. Util. Comm'n, 425 A.2d 873 (Pa. Commw. Ct. 1981). “Similar provisions are now found in Sections 1101 and 1102 of the Public Utility Code, 66 Pa. C. S. §§1101, 1102. Section 102 of the Code defines “common carrier by motor vehicle” as: Any common carrier who or which holds out or undertakes the transportation of passengers or…”
Popowsky v. Pennsylvania Pub. Util. Comm'n, 647 A.2d 302 (Pa. Commw. Ct. 1994). · cites it 2× “In support of this position, the OCA cites Section 1101 of the Code, 66 Pa.C.S. § 1101, entitled "Organization of public utilities and beginning of service.”
Carol Lines, Inc. v. Pennsylvania Pub. Util. Comm'n, 477 A.2d 601 (Pa. Commw. Ct. 1984). “In October 1980 the Commission instituted a complaint alleging that Carol violated either Sections 1101 or 2503 of the Public Utility Code (Code), 66 Pa. C. S. §§1101 or 2503, by transporting for compensation—without a certificate of public convenience or permit for contract…”
Susquehanna Area Reg'l Airport Auth. v. Pennsylvania Pub. Util. Comm'n, 911 A.2d 612 (Pa. Commw. Ct. 2006). “66 Pa. C.S. § 1101 (stating that the certificate of public convenience shall include a “description of the nature of the service and of the territory in which it may be offered, rendered, furnished or supplied.”
Energy Pipeline Co. v. Pennsylvania Pub. Util. Comm'n, 662 A.2d 641 (Pa. 1995). “1 In October of 1985, Appellant Peoples Natural Gas Company (Peoples) filed a complaint with the PUC alleging that Appellees had established a public utility and were in the process of providing natural gas service to the public in violation of 66 Pa.C.S. §§ 1101 and 1102.…”
Peoples Nat. Gas Co. v. Pennsylvania Pub. Util. Comm'n, 542 A.2d 606 (Pa. Commw. Ct. 1988). “Section 1101 of the Public Utility Code (Code), 66 Pa. C. S. §1101, provides, inter alia, as follows: Upon the application of any proposed public utility and the approval of such application by the commission evidenced by its certificate of public convenience first had and…”
Lukens Steel Co. v. Pennsylvania Pub. Util. Comm'n, 499 A.2d 1134 (Pa. Commw. Ct. 1985). “PECO has been granted a certificate of convenience and necessity by the PUC, under the provisions of Sections 1101 ¡and 1102 (a) of the Public Utility Code, 66 Pa. C. S. §§1101 and 1102(a), to provide electric service to all customers situated in PECO’s defined service area.”
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