Pennsylvania Consolidated Statutes

66 Pa. Cons. Stat. § 2101 (2026)

Definition of affiliated interest.

✓ current as of May 2026

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CHAPTER 21

RELATIONS WITH AFFILIATED INTERESTS

Sec.

2101. Definition of affiliated interest.

2102. Approval of contracts with affiliated interests.

2103. Continuing supervision and jurisdiction over contracts.

2104. Contracts to be in writing; cost data.

2105. Contracts in violation of part void.

2106. Effect on rates.

2107. Federal regulatory agencies.

Enactment. Chapter 21 was added July 1, 1978, P.L.598, No.116, effective in 60 days.

Cross References. Chapter 21 is referred to in sections 2212, 2807, 3019, 3202 of this title.

§ 2101. Definition of affiliated interest.

(a) General rule.--As used in this part "affiliated interest" with a public utility means and includes the following:

(1) Every corporation and person owning or holding directly or indirectly 5% or more of the voting securities of such public utility.

(2) Every corporation and person in any chain of successive ownership of 5% or more of voting securities.

(3) Every corporation 5% or more of whose voting securities are owned by any person or corporation owning 5% or more of the voting securities of such public utility or by any person or corporation in any such chain of successive ownership of 5% or more of voting securities.

(4) Every person who is an officer or director of such public utility or of any corporation in any chain of successive ownership of 5% or more of voting securities.

(5) Every corporation operating a public utility or a servicing organization for furnishing supervisory, construction, engineering, accounting, legal and similar services to utilities, which has one or more officers or one or more directors in common with such public utility, to every other corporation which has directors in common with such public utility where the number of such directors is more than one-third of the total number of the utility's directors.

(6) Every corporation or person which the commission may determine as a matter of fact after investigation and hearing is actually exercising any substantial influence over the policies and actions of such public utility even though such influence is not based upon stockholding, stockholders, directors or officers to the extent specified in this section. As used in this part substantial influence means any corporation or person which or who stands in such relationship to the public utility that there is an absence of free and equal bargaining power between it or him and the public utility.

(7) Every person or corporation who or which the commission may determine as a matter of fact after investigation and hearing is actually exercising such substantial influence over the policies and actions of such public utility in conjunction with one or more other corporations or persons, or both, with which or whom they are related by ownership or blood relationship, or both, or by action in concert that together they are affiliated with such public utility within the meaning of this section even though no one of them alone is so affiliated.

(b) Construction of section.--The term "person" shall not be construed to exclude trustees, lessees, holders of beneficial equitable interest, voluntary associations, receivers and partnerships.

Cross References. Section 2101 is referred to in sections 1102, 1317, 1318 of this title.

Notes of Decisions

Cited in 4 cases, 1983–2020 · leading case: Investigation Upon Comm'n Motion Into the Installment Sale Purchase Prog. of Metro Transp. Co. v. Pennsylvania Pub. Util. Comm'n, 488 A.2d 369 (Pa. Commw. Ct. 1985).

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Investigation Upon Comm'n Motion Into the Installment Sale Purchase Prog. of Metro Transp. Co. v. Pennsylvania Pub. Util. Comm'n, 488 A.2d 369 (Pa. Commw. Ct. 1985). “An affiliated interest is defined in Section 2101(a) of the Code, 66 Pa. C. S. §2101 (a), and includes, inter alia, (6) Every corporation or person which the commission may determine as a matter of fact after investigation and hearing is actually exercising any substantial…”

Filoon v. Pennsylvania Pub. Util. Comm'n, 648 A.2d 1339 (Pa. Commw. Ct. 1994). “See 66 Pa.C.S. § 2101. A review of the record in this case reveals no evidence establishing that Bell’s bank is an affiliated interest with Bell nor has Filoon offered any support in her brief to prove that such a relationship exists.”

Pennsylvania Gas & Water Co. v. Pennsylvania Pub. Util. Comm'n, 52 P.U.R.4th 659 (Pa. Commw. Ct. 1983). “The definition of affiliated interest is found at 66 Pa. C. S. §2101, Of the seven subparts of this definitional provision, the OCA argues for the applicability of only one: (a) General Rule.”

New Garden Twp. v. PA PUC (Pa. Commw. Ct. 2020). · cites it 2× “Pursuant to Section 2101(a)(1) and (3) of the Code, 66 Pa.C.S. § 2101(a)(1), (3), AW-PA is an “affiliated interest”1 of both ARC and AW-DE.”

— 66 Pa. Cons. Stat. § 2101(a)(1) — 1 case

New Garden Twp. v. PA PUC (Pa. Commw. Ct. 2020). “Pursuant to Section 2101(a)(1) and (3) of the Code, 66 Pa.C.S. § 2101(a)(1), (3), AW-PA is an “affiliated interest”1 of both ARC and AW-DE.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.