§ 1103. Procedure to obtain certificates of public convenience.
(a) General rule.--Every application for a certificate of public convenience shall be made to the commission
in writing, be verified by oath or affirmation, and be in such form, and contain such
information, as the commission may require by its regulations. A certificate of public
convenience shall be granted by order of the commission, only if the commission shall
find or determine that the granting of such certificate is necessary or proper for
the service, accommodation, convenience, or safety of the public. The commission,
in granting such certificate, may impose such conditions as it may deem to be just
and reasonable. In every case, the commission shall make a finding or determination
in writing, stating whether or not its approval is granted. Any holder of a certificate
of public convenience, exercising the authority conferred by such certificate, shall
be deemed to have waived any and all objections to the terms and conditions of such
certificate.
(b) Investigations and hearings.--For the purpose of enabling the commission to make such finding or determination,
it shall hold such hearings, which shall be public, and, before or after hearing,
it may make such inquiries, physical examinations, valuations, and investigations,
and may require such plans, specifications, and estimates of cost, as it may deem
necessary or proper in enabling it to reach a finding or determination.
(c) Taxicabs.--(Repealed).
(d) Temporary authority.--Except during the threat or existence of a labor dispute, the commission under such
regulations as it shall prescribe may, without hearing, in proper cases, consider
and approve applications for certificates of public convenience, and in emergencies
grant temporary certificates under this chapter, pending action on permanent certificates;
but no applications shall be denied without right of hearing thereon being tendered
to the applicant.
(e) Armored vehicles.--A certificate of public convenience to provide the transportation of property of unusual
value, including money and securities, in armored vehicles shall be granted by order
of the commission upon application. Such carriers must conform to the rules and regulations
of the commission.
(June 19, 1980, P.L.244, No.69, eff. 30 days; July 6, 1984, P.L.602, No.123, eff.
imd.; Apr. 4, 1990, P.L.93, No.21, eff. 90 days; Dec. 30, 2002, P.L.2001, No.230,
eff. 60 days; July 16, 2004, P.L.758, No.94)
2004 Repeal. Act 94 repealed subsec. (c). Section 25(1)(ii) of Act 94 provided that the repeal
of subsec. (c) shall take effect in 270 days or on the date of publication of the
notice under section 24 of Act 94. The notice was published in the Pennsylvania Bulletin
March 12, 2005, at 35 Pa.B. 1737. See sections 20(5), 21(5) and 24 of Act 94 in the
appendix to this title for special provisions relating to Pennsylvania Public Utility
Commission contracts, preservation of rights, obligations, duties and remedies and
publication in Pennsylvania Bulletin.
1984 Amendment. Act 123 added subsec. (e).
1980 Amendment. Act 69 added subsecs. (c) and (d), effective in 30 days as to subsec. (c)(4) and immediately
as to the remainder of the section. See the preamble and sections 2, 3 and 4 of Act
69 in the appendix to this title for special provisions relating to legislative findings,
taxicab service in first class cities, annual reports to committees of General Assembly
and effective date and applicability.
Cross References. Section 1103 is referred to in section 3202 of this title; section 5516 of Title 53
(Municipalities Generally).
Notes of Decisions
Shanaman v. Yellow Cab Co. of Phila., 421 A.2d 664 (Pa. 1980).
· cites it 8× “On June 19, 1980, Act 69 of 1980 (an act amending the Public Utility Code, 66 Pa.C.S. § 1103) was signed into law *518 by Governor Thornburgh and took effect on that date.”
Chester Water Auth. v. Pennsylvania Pub. Util. Comm'n, 868 A.2d 384 (Pa. 2005).
· cites it 3× “The application thus facially tracked Section 1108 of the Public Utility Code, which requires an applicant for a certificate of public convenience to establish that that the proposed service is “necessary or proper for the service, accommodation, .”
Arippa v. Pennsylvania Pub. Util. Comm'n, 792 A.2d 636 (Pa. Commw. Ct. 2002).
· cites it 3× “§ 1102(a)(3), 16 which authorizes a public *646 utility or an affiliated interest of a public utility 17 to acquire from or transfer to any other entity by any means whatsoever the title to, or the possession or use of, any tangible or intangible property used or useful in the…”
Popowsky v. Pennsylvania Pub. Util. Comm'n, 937 A.2d 1040 (Pa. 2007).
· cites it 3× “” 66 Pa.C.S. § 1103(a). In addition, the Commission may impose such conditions in connection with the approval as it deems to be just and reasonable.”
Tanya J. McCloskey, Acting Consum. Advocate v. PA PUC, 195 A.3d 1055 (Pa. Commw. Ct. 2018).
· cites it 3× “66 Pa.C.S. § 1103(a). That provision provides, in relevant part: A [Certificate] shall be granted by order of the [C]ommission, only if the [C]ommission shall find or determine that the granting of such [Certificate] is necessary or proper for the service, accommodation,…”
Elite Indus., Inc. v. Pennsylvania Pub. Util. Comm'n, 832 A.2d 428 (Pa. 2003).
· cites it 2× “The PUC asserts the Commonwealth Court erred and abused its discretion in limiting its analysis to determining whether there was a public need for the proposed service.”
Energy Conservation Council v. Pub. Util. Comm'n, 995 A.2d 465 (Pa. Commw. Ct. 2010).
· cites it 2× “" 66 Pa.C.S. § 1103(a). [16] ECC further argues that the PUC's finding that the alternatives proposed by ECC were not viable improperly shifted the burden of proof to it to demonstrate that the alternatives would, in fact, resolve the reliability issues.”
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).
“As Sunoco here holds CPCs issued by PUC and PUC in its Orders issuing the CPCs found the authorized service to be necessary and proper, it is left to common pleas to evaluate scope and validity of the easement, but not the public need. As illustrated by Fairview, determinations…”
Clean Air Council, M.M. deMarteleire & M.S. Bomstein v. Sunoco Pipeline, L.P., 185 A.3d 478 (Pa. Commw. Ct. 2018).
“" 66 Pa. C.S. § 1103(a). There is no provision in either the Public Utility Code or the BCL that also authorizes the PUC, in the context of a CPC administrative proceeding, to consider whether the public utility may exercise the power of eminent domain to effect a taking in…”
Waltman v. Pennsylvania Pub. Util. Comm'n, 596 A.2d 1221 (Pa. Commw. Ct. 1992).
· cites it 2× “The petitioners also argue that the commission erred in determining that the granting of certificates of public convenience to the applicants was necessary or proper for the service, accommodation, convenience or safety of the public, as required by section 1103(a) of the Code,…”
— 66 Pa. Cons. Stat. § 1103(7) — 1 case
Shanaman v. Yellow Cab Co. of Phila., 421 A.2d 664 (Pa. 1980).
“On June 19, 1980, Act 69 of 1980 (an act amending the Public Utility Code, 66 Pa.C.S. § 1103) was signed into law *518 by Governor Thornburgh and took effect on that date.”
— 66 Pa. Cons. Stat. § 1103(a) — 55 cases
Arippa v. Pennsylvania Pub. Util. Comm'n, 792 A.2d 636 (Pa. Commw. Ct. 2002).
“§ 1102(a)(3), 16 which authorizes a public *646 utility or an affiliated interest of a public utility 17 to acquire from or transfer to any other entity by any means whatsoever the title to, or the possession or use of, any tangible or intangible property used or useful in the…”
Popowsky v. Pennsylvania Pub. Util. Comm'n, 937 A.2d 1040 (Pa. 2007).
“” 66 Pa.C.S. § 1103(a). In addition, the Commission may impose such conditions in connection with the approval as it deems to be just and reasonable.”
Tanya J. McCloskey, Acting Consum. Advocate v. PA PUC, 195 A.3d 1055 (Pa. Commw. Ct. 2018).
“66 Pa.C.S. § 1103(a). That provision provides, in relevant part: A [Certificate] shall be granted by order of the [C]ommission, only if the [C]ommission shall find or determine that the granting of such [Certificate] is necessary or proper for the service, accommodation,…”
— 66 Pa. Cons. Stat. § 1103(a)(3) — 1 case
— 66 Pa. Cons. Stat. § 1103(b) — 3 cases
Chester Water Auth. v. Pennsylvania Pub. Util. Comm'n, 868 A.2d 384 (Pa. 2005).
“The application thus facially tracked Section 1108 of the Public Utility Code, which requires an applicant for a certificate of public convenience to establish that that the proposed service is “necessary or proper for the service, accommodation, .”
— 66 Pa. Cons. Stat. § 1103(c) — 2 cases
— 66 Pa. Cons. Stat. § 1103(c)(2) — 1 case
— 66 Pa. Cons. Stat. § 1103(c)(3) — 1 case
— 66 Pa. Cons. Stat. § 1103(c)(4) — 1 case
Shanaman v. Yellow Cab Co. of Phila., 421 A.2d 664 (Pa. 1980).
“On June 19, 1980, Act 69 of 1980 (an act amending the Public Utility Code, 66 Pa.C.S. § 1103) was signed into law *518 by Governor Thornburgh and took effect on that date.”
— 66 Pa. Cons. Stat. § 1103(c)(7) — 2 cases
Shanaman v. Yellow Cab Co. of Phila., 421 A.2d 664 (Pa. 1980).
“On June 19, 1980, Act 69 of 1980 (an act amending the Public Utility Code, 66 Pa.C.S. § 1103) was signed into law *518 by Governor Thornburgh and took effect on that date.”
— 66 Pa. Cons. Stat. § 1103(d) — 1 case
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