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
HIKO Energy, LLC v. Pennsylvania Pub. Util. Comm'n, 163 A.3d 1079 (Pa. Commw. Ct. 2017).
· 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, 209 A.3d 246 (Pa. 2019).
· 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 Elec. Utils. Corp. v. City of Lancaster & PA PUC, 125 A.3d 837 (Pa. Commw. Ct. 2015).
· 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 Pub. Util. Comm'n, 531 A.2d 85 (Pa. Commw. Ct. 1987).
· 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.”
Fairview Water Co. v. Pennsylvania Pub. Util. Comm'n, 422 A.2d 1209 (Pa. Commw. Ct. 1980).
“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…”
Metro Transp. Co. v. Pennsylvania Pub. Util. Comm'n, 525 A.2d 24 (Pa. Commw. Ct. 1987).
“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.…”
Philadelphia Gas Works v. PA PUC (Pa. Commw. Ct. 2022).
· 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 (Pa. 2019).
· 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.”
— 66 Pa. Cons. Stat. § 3301(a) — 6 cases
HIKO Energy, LLC v. Pennsylvania Pub. Util. Comm'n, 163 A.3d 1079 (Pa. Commw. Ct. 2017).
“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 Elec. Utils. Corp. v. City of Lancaster & PA PUC, 125 A.3d 837 (Pa. Commw. Ct. 2015).
“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 Pub. Util. Comm'n, 531 A.2d 85 (Pa. Commw. Ct. 1987).
“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.”
Philadelphia Gas Works v. PA PUC (Pa. Commw. Ct. 2022).
“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 Pub. Util. Comm'n, 163 A.3d 1079 (Pa. Commw. Ct. 2017).
“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 Elec. Utils. Corp. v. City of Lancaster & PA PUC, 125 A.3d 837 (Pa. Commw. Ct. 2015).
“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 Pub. Util. Comm'n, 531 A.2d 85 (Pa. Commw. Ct. 1987).
“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
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.