§ 1505. Proper service and facilities established on complaint; authority to order conservation
and load management programs.
(a) General rule.--Whenever the commission, after reasonable notice and hearing, upon its own motion
or upon complaint, finds that the service or facilities of any public utility are
unreasonable, unsafe, inadequate, insufficient, or unreasonably discriminatory, or
otherwise in violation of this part, the commission shall determine and prescribe,
by regulation or order, the reasonable, safe, adequate, sufficient, service or facilities
to be observed, furnished, enforced, or employed, including all such repairs, changes,
alterations, extensions, substitutions, or improvements in facilities as shall be
reasonably necessary and proper for the safety, accommodation, and convenience of
the public.
(b) Authority to order conservation and load management.--In determining or prescribing safe, adequate and sufficient services and facilities
of a public utility, the commission may order the utility to establish a conservation
or load management program that the commission determines to be prudent and cost-effective.
(July 10, 1986, P.L.1238, No.114, eff. imd.)
Cross References. Section 1505 is referred to in section 102 of this title.
Notes of Decisions
PPL Elec. Utils. Corp. v. City of Lancaster & PA PUC, 125 A.3d 837 (Pa. Commw. Ct. 2015).
· cites it 6× “21 66 Pa.C.S. §1505(a). Further, the PUC has promulgated extensive regulations relating to the location of line extensions, transmission lines, and underground electric service.”
The Delaware Riverkeeper Network v. Sunoco Pipeline, L.P., 179 A.3d 670 (Pa. Commw. Ct. 2018).
· cites it 4× “at 13. We view these assertions as implicating the reasonableness and safety of the pipeline transportation services or facilities, matters committed to the expertise of the PUC by express statutory language.”
Barasch v. Pennsylvania Pub. Util. Comm'n, 576 A.2d 79 (Pa. Commw. Ct. 1990).
· cites it 2× “[8] Petitioners also argue that the Commission's order is discriminatory in that it establishes three classes of Bell customers and that such classification violates the anti-discrimination provisions of the Public Utility Code, 66 Pa. C.S. § 1505, as well as constitutional…”
Philadelphia Gas Works v. PA PUC (Pa. Commw. Ct. 2022).
· cites it 2× “§ 1504;15 Section 1505(a) of the Public Utility Code, 66 Pa.C.S. § 1505(a);16 2 Pa.C.S. § 507;17 Cohen, 292 A.”
J. Kline v. PA PUC (Pa. Commw. Ct. 2026).
· cites it 2× “1-1991, by exceeding its legally granted authority and constitutional boundaries, with its interpretation of Act 129, mandating smart meters, when it is clear that was not the General Assembly’s intent; (4) whether the Commission may deny Petitioner the opportunity for a…”
PPL Elec. Utils. v. City of Lancaster (Pa. 2019).
“§ 3301, an action in assumpsit brought in the name of the Commonwealth to recover fines. To that end, the PUC has promulgated regulations setting forth its own investigative and enforcement apparatus, including factors and standards to guide the imposition of penalties and…”
Glen Riddle Station, L.P. v. Middletown Twp. (E.D. Pa. 2021).
“66 Pa.C.S. § 1505. Pennsylvania courts have thus emphasized the Commission’s jurisdiction over utility safety: “Initial jurisdiction in matters concerning the relationship between public utilities and the public is in the PUC — not in the courts.”
— 66 Pa. Cons. Stat. § 1505(a) — 7 cases
PPL Elec. Utils. Corp. v. City of Lancaster & PA PUC, 125 A.3d 837 (Pa. Commw. Ct. 2015).
“21 66 Pa.C.S. §1505(a). Further, the PUC has promulgated extensive regulations relating to the location of line extensions, transmission lines, and underground electric service.”
The Delaware Riverkeeper Network v. Sunoco Pipeline, L.P., 179 A.3d 670 (Pa. Commw. Ct. 2018).
“at 13. We view these assertions as implicating the reasonableness and safety of the pipeline transportation services or facilities, matters committed to the expertise of the PUC by express statutory language.”
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