Pa. Cons. Stat. » 66 Pa. Cons. Stat. (PUBLIC UTILITIES) / Chapter 33

66 Pa. Cons. Stat. § 3301

 Civil penalties for violations.

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CHAPTER 33

VIOLATIONS AND PENALTIES

 

Sec.

3301.  Civil penalties for violations.

3302.  Criminal penalties for violations.

3303.  Nonliability for enforcement of lawful tariffs and rates.

3304.  Unlawful issuance and assumption of securities.

3305.  Misapplication of proceeds of securities.

3306.  Execution of unlawful contracts.

3307.  Refusal to obey subpoena and testify.

3308.  Concealment of witnesses and records.

3309.  Liability for damages occasioned by unlawful acts.

3310.  Unauthorized operation by carriers and brokers.

3311.  Bribery.

3312.  Evasion of motor carrier and broker regulations.

3313.  Excessive price on resale.

3314.  Limitation of actions and cumulation of remedies.

3315.  Disposition of fines and penalties.

3316.  Protection of public utility employees.

 

Enactment.  Chapter 33 was added July 1, 1978, P.L.598, No.116, effective in 60 days.

Cross References.  Chapter 33 is referred to in sections 2603, 3015 of this title.

§ 3301.  Civil penalties for violations.

(a)  General rule.--If any public utility, or any other person or corporation subject to this part, shall violate any of the provisions of this part, or shall do any matter or thing herein prohibited; or shall fail, omit, neglect, or refuse to perform any duty enjoined upon it by this part; or shall fail, omit, neglect or refuse to obey, observe, and comply with any regulation or final direction, requirement, determination or order made by the commission, or any order of the commission prescribing temporary rates in any rate proceeding, or to comply with any final judgment, order or decree made by any court, such public utility, person or corporation for such violation, omission, failure, neglect, or refusal, shall forfeit and pay to the Commonwealth a sum not exceeding $1,000, to be recovered by an action of assumpsit instituted in the name of the Commonwealth. In construing and enforcing the provisions of this section, the violation, omission, failure, neglect, or refusal of any officer, agent, or employee acting for, or employed by, any such public utility, person or corporation shall, in every case be deemed to be the violation, omission, failure, neglect, or refusal of such public utility, person or corporation.

(b)  Continuing offenses.--Each and every day's continuance in the violation of any regulation or final direction, requirement, determination, or order of the commission, or of any order of the commission prescribing temporary rates in any rate proceeding, or of any final judgment, order or decree made by any court, shall be a separate and distinct offense. If any interlocutory order of supersedeas, or a preliminary injunction be granted, no penalties shall be incurred or collected for or on account of any act, matter, or thing done in violation of such final direction, requirement, determination, order, or decree, so superseded or enjoined for the period of time such order of supersedeas or injunction is in force.

(c)  Gas pipeline safety violations.--Any person or corporation, defined as a public utility in this part, who violates any provisions of this part governing the safety of pipeline or conduit facilities in the transportation of natural gas, flammable gas, or gas which is toxic or corrosive, or of any regulation or order issued thereunder, shall be subject to a civil penalty of not to exceed $200,000 for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed $2,000,000 for any related series of violations, or subject to a penalty provided under Federal pipeline safety laws, whichever is greater.

(d)  Deduction from sums owing by Commonwealth.--The amount of the penalty, when finally determined, may be deducted from any sums owing by the Commonwealth to the person or corporation charged or may be recovered in a civil action.

(Apr. 16, 1992, P.L.149, No.27, eff. 60 days; Feb. 14, 2012, P.L.72, No.11, eff. 60 days)

 

2012 Amendment.  Act 11 amended subsec. (c).

Cross References.  Section 3301 is referred to in sections 2609, 3309 of this title.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1980–2023 · leading case: HIKO Energy, LLC v. Pennsylvania Public Utility Commission
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HIKO Energy, LLC v. Pennsylvania Public Utility Commission (2017) pacommwct · cites it 8× “The ALJs also granted 9 I&E’s request for a civil penalty under Section 3301 of the Public Utility Code, 66 Pa. C.S. §3301, albeit in a lesser amount than that sought by I&E.”
Hiko Energy, LLC v. Pa. Pub. Util. Comm'n (2019) pa · cites it 3× “Additionally, the ALJs granted I & E's request to impose a civil penalty on HIKO pursuant to Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301. Although the ALJs did not impose the approximately $ 14,700,000.”
PPL Electric Utilities Corp. v. City of Lancaster and PA PUC (2015) pacommwct · cites it 4× “Additionally, section 3301(a) of the Code, 66 Pa.C.S. §3301(a), provides for the imposition of civil penalties against a public utility for any violation of the Code, PUC regulation, or PUC final determination or order.”
Newcomer Trucking, Inc. v. Pennsylvania Public Utility Commission (1987) pacommwct · cites it 3× “First, Newcomer contends that Section 3301 of the Public Utility Code (Code), 66 Pa. C. S. §3301, limits to $1,000 the amount of the penalty the PUC can impose upon a violator of any single Code provision regardless of the number of violations committed.”
Honey Brook Water Co. v. Pennsylvania Public Utility Commission (1994) pacommwct · cites it 2× “[10] See Section 3301 of the Code, 66 Pa.C.S. § 3301. [1] The complaints were filed on forms furnished by the PUC.”
Public Service Water Co. v. Commissionpennsylvania Public Utility Commission (1994) pacommwct “Under 66 Pa.C.S. § 3301: .(a) General rule. If any public utility, or any other person or corporation subject to this part .”
Fairview Water Co. v. Pennsylvania Public Utility Commission (1980) pacommwct “The Commission Trial Staff filed its Notice of Intention to Participate in the matter and contended that the Company should be assessed civil penalties pursuant to Section 3301 of the Public Utility Code (Code), 66 Pa. C. S. §3301, for the Company’s conduct in response to the…”
Kviatkovsky v. Pennsylvania Public Utility Commission (1992) pacommwct “Section 3301(a) of the Code, 66 Pa.C.S. § 3301(a), limits PUC violation penalties to $1,000.”
Metro Transportation Co. v. Pennsylvania Public Utility Commission (1987) pacommwct “On the contrary, the guidelines offer no more than a generalized penalty schedule which affords the Commission a measure of flexibility in assessing civil penalties against violators, in accordance with the authority granted the Commission by virtue of 66 Pa. C. S. §3301.…”
Commonwealth, Pennsylvania Public Utility Commission v. Zanella Transit, Inc. (1980) pacommwct “The actions were commenced under express authority of the Public Utility Code, 66 Pa. C. S. §3301 (a). In response to the Commission’s complaints, the defendants (Zanella) have filed an answer, new matter and counterclaim.”
Philadelphia Gas Works v. PA PUC (2022) pacommwct · cites it 6× “1201 (c); Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301).3 The ALJ concluded 2 Section 56.”
HIKO Energy, Aplt. v. PA PUC (2019) pa · cites it 3× “Additionally, the ALJs granted I&E’s request to impose a civil penalty on HIKO pursuant to Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301. Although the ALJs did not impose the approximately $14,700,000.”
Show all 16 citing cases →
— 66 Pa. Cons. Stat. § 3301(a) — 6 cases
HIKO Energy, LLC v. Pennsylvania Public Utility Commission (2017) pacommwct “The ALJs also granted 9 I&E’s request for a civil penalty under Section 3301 of the Public Utility Code, 66 Pa. C.S. §3301, albeit in a lesser amount than that sought by I&E.”
PPL Electric Utilities Corp. v. City of Lancaster and PA PUC (2015) pacommwct “Additionally, section 3301(a) of the Code, 66 Pa.C.S. §3301(a), provides for the imposition of civil penalties against a public utility for any violation of the Code, PUC regulation, or PUC final determination or order.”
Newcomer Trucking, Inc. v. Pennsylvania Public Utility Commission (1987) pacommwct “First, Newcomer contends that Section 3301 of the Public Utility Code (Code), 66 Pa. C. S. §3301, limits to $1,000 the amount of the penalty the PUC can impose upon a violator of any single Code provision regardless of the number of violations committed.”
Kviatkovsky v. Pennsylvania Public Utility Commission (1992) pacommwct “Section 3301(a) of the Code, 66 Pa.C.S. § 3301(a), limits PUC violation penalties to $1,000.”
Philadelphia Gas Works v. PA PUC (2022) pacommwct “1201 (c); Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301).3 The ALJ concluded 2 Section 56.”
— 66 Pa. Cons. Stat. § 3301(b) — 3 cases
HIKO Energy, LLC v. Pennsylvania Public Utility Commission (2017) pacommwct “The ALJs also granted 9 I&E’s request for a civil penalty under Section 3301 of the Public Utility Code, 66 Pa. C.S. §3301, albeit in a lesser amount than that sought by I&E.”
PPL Electric Utilities Corp. v. City of Lancaster and PA PUC (2015) pacommwct “Additionally, section 3301(a) of the Code, 66 Pa.C.S. §3301(a), provides for the imposition of civil penalties against a public utility for any violation of the Code, PUC regulation, or PUC final determination or order.”
Newcomer Trucking, Inc. v. Pennsylvania Public Utility Commission (1987) pacommwct “First, Newcomer contends that Section 3301 of the Public Utility Code (Code), 66 Pa. C. S. §3301, limits to $1,000 the amount of the penalty the PUC can impose upon a violator of any single Code provision regardless of the number of violations committed.”
— 66 Pa. Cons. Stat. § 3301(c) — 1 case
Sunoco Pipeline, L.P. v. PUC (2023) pacommwct
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