Pennsylvania Consolidated Statutes

66 Pa. Cons. Stat. § 1301 (2026)

 Rates to be just and reasonable.

✓ current as of May 2026
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CHAPTER 13

RATES AND DISTRIBUTION SYSTEMS

 

Subchapter

A.  Rates

B.  Distribution Systems

 

Enactment.  Chapter 13 was added July 1, 1978, P.L.598, No.116, effective in 60 days.

Chapter Heading.  The heading of Chapter 13 was amended February 14, 2012, P.L.72, No.11, effective in 60 days.

Cross References.  Chapter 13 is referred to in sections 528, 2203, 2607, 2804, 3019 of this title.

 

 

SUBCHAPTER A

RATES

 

Sec.

1301.  Rates to be just and reasonable.

1301.1. Computation of income tax expense for ratemaking purposes.

1302.  Tariffs; filing and inspection.

1303.  Adherence to tariffs.

1304.  Discrimination in rates.

1305.  Advance payment of rates; interest on deposits.

1306.  Apportionment of joint rates.

1307.  Sliding scale of rates; adjustments.

1308.  Voluntary changes in rates.

1309.  Rates fixed on complaint; investigation of costs of production.

1310.  Temporary rates.

1311.  Valuation of and return on the property of a public utility.

1312.  Refunds.

1313.  Price upon resale of public utility services.

1314.  Limitation on prices paid for property and fuel.

1315.  Limitation on consideration of certain costs for electric utilities.

1316.  Recovery of advertising expenses.

1316.1. Recovery of club dues.

1317.  Regulation of natural gas costs.

1318.  Determination of just and reasonable gas cost rates.

1319.  Financing of energy supply alternatives.

1320.  Fuel purchase audits by complaint.

1321.  Recovery of certain employee meeting expenses.

1322.  Outages of electric generating units.

1323.  Procedures for new electric generating capacity.

1324.  Residential telephone service rates based on duration or distance of call.

1325.  Local exchange service increases; limitation (Repealed).

1326.  Standby charge prohibited.

1327.  Acquisition of water and sewer utilities.

1328.  Determination of public fire hydrant rates.

1329.  Valuation of acquired water and wastewater systems.

1330.  Alternative ratemaking for utilities.

 

Subchapter Heading.  The heading of Subchapter A was added February 14, 2012, P.L.72, No.11, effective in 60 days.

§ 1301.  Rates to be just and reasonable.

(a)  Regulation.--Every rate made, demanded, or received by any public utility, or by any two or more public utilities jointly, shall be just and reasonable, and in conformity with regulations or orders of the commission. Only public utility service being furnished or rendered by a municipal corporation, or by the operating agencies of any municipal corporation, beyond its corporate limits, shall be subject to regulation and control by the commission as to rates, with the same force, and in like manner, as if such service were rendered by a public utility.

(b)  Municipal corporations.--In determining a just and reasonable rate furnished or rendered by a municipal corporation or by the operating agencies of a municipal corporation providing public utility water or wastewater service beyond its corporate limits, the commission shall employ an imputed capital structure of comparable public utilities providing water or wastewater service.

(Dec. 21, 2017, P.L.1208, No.65, eff. imd.)

 

Cross References.  Section 1301 is referred to in sections 3015, 3016, 3019 of this title.

Notes of Decisions
Cited in 74 cases (14 in the last 5 years), 1979–2026 · leading case: HIKO Energy, LLC v. Pennsylvania Pub. Util. Comm'n, 163 A.3d 1079 (Pa. Commw. Ct. 2017).
HIKO Energy, LLC v. Pennsylvania Pub. Util. Comm'n, 163 A.3d 1079 (Pa. Commw. Ct. 2017). · cites it 4× “at 1101 (quoting 66 Pa. C.S. §1301). 2 As explained by the National Weather Service and National Oceanic and Atmospheric Administration, the polar vortex is a large area of low pressure and cold air surrounding both of the Earth’s poles.”
Sunrise Energy, LLC v. FirstEnergy Corp. & West Penn Power Co., 148 A.3d 894 (Pa. Commw. Ct. 2016). · cites it 2× “66 Pa. C.S. §1301 (stating that every “rate made, demanded, or received by any public utility, or by any two or more public utilities jointly, shall be just and reasonable, and in conformity with regulations or orders of the commission.”
Coalition for Affordable Util. Servs. & Energy Efficiency v. Pennsylvania Pub. Util. Comm'n, 120 A.3d 1087 (Pa. Commw. Ct. 2015). · cites it 3× “” 66 Pa.C.S. § 1301. It also means that the PUC lacks the authority to compel EGSs to file tariffs.”
McCloskey v. Pennsylvania Pub. Util. Comm'n, 127 A.3d 860 (Pa. Commw. Ct. 2015). · cites it 4× “Section 1301 of the Code, 66 Pa.C.S. § 1301 provides: Every rate made, demanded, nr received by any public utility, or by any two or more public utilities jointly, shall be just and reasonable, and in conformity with regulations or orders of the commission.”
United States Steel Corp. v. Pennsylvania Pub. Util. Comm'n, 850 A.2d 783 (Pa. Commw. Ct. 2004). · cites it 4× “Rather, the Commission endorsed the tariff interpretation advocated by Reliant finding that Duquesne's interpretation was not just and reasonable as required by Section 1301 of the Public Utility Code (Code), 66 Pa.C.S. § 1301. [6] In interpreting the tariff, the Commission…”
Schuylkill Energy Resources, Inc. v. Pennsylvania Power & Light Co., 113 F.3d 405 (3rd Cir. 1997). “See 66 Pa.Cons.Stat. Ann. §§ 1301, 1308; Yeager’s Fuel, Inc.”
Dauphin Cnty. Indus. Dev. Auth. v. Pennsylvania Pub. Util. Comm'n, 123 A.3d 1124 (Pa. Commw. Ct. 2015). · cites it 2× “” 66 Pa.C.S. § 1301. As the Commission explained in its order: The record indicates that, as a net-metering customer taking service under PPL’s current [Time-of-Use] rates, [the Development Authority] has derived significant benefit from its ability to be compensated for excess…”
Lloyd v. Pennsylvania Pub. Util. Comm'n, 904 A.2d 1010 (Pa. Commw. Ct. 2006). · cites it 2× “When setting rates, Section 1301 of the Public Utility Code, 66 Pa.C.S. § 1301, provides that "[e]very rate made, demanded, or received by any public utility, or by any two or more public utilities jointly, shall be just and reasonable, and in conformity with regulations or…”
Barasch v. Pennsylvania Pub. Util. Comm'n, 491 A.2d 94 (Pa. 1985). · cites it 2× “It should do so to determine if a time will come in the reasonably near future when the Company’s total annual tax due under an accelerated method of depreciating that property will be greater than under straight-line depreciation.”
City of Lancaster v. Pennsylvania Pub. Util. Comm'n, 769 A.2d 567 (Pa. Commw. Ct. 2001). · cites it 2× “66 Pa.C.S. § 1301. [4] 66 Pa.C.S. § 1307(g) provides, in pertinent part, as follows: (g) Recovery of costs related to distribution system improvement projects designed to enhance water quality, fire protection reliability and long-term system viability.”
Elizabeth Tp. v. Mun. Auth. of Mckeesport, 447 A.2d 245 (Pa. 1982). · cites it 2× “§ 1141, presently 66 Pa.C.S. § 1301. The predecessor to the Act of 1945, the Municipality Authorities Act of 1935, Act of June 28, 1935, P.”
Action All. of Senior Citizens of Greater Philadelphia, Inc. v. Philadelphia Gas Comm'n, 406 A.2d 1155 (Pa. Commw. Ct. 1979). · cites it 2× “§1141, and as is now provided by 66 Pa. C.S. §1301. The fair rate of return on fair value standard was that applied in all rate making proceedings conducted by the Public Utility Commission and its predecessor Public Service Commission in the ascertainment of whether rates…”
— 66 Pa. Cons. Stat. § 1301(a) — 7 cases
R.C. Culbertson v. PA PUC (Pa. Commw. Ct. 2023).
R.C. Culbertson v. PA PUC (Pa. Commw. Ct. 2024).
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