§ 502. Enforcement proceedings by commission.
Whenever the commission shall be of opinion that any person or corporation, including
a municipal corporation, is violating, or is about to violate, any provisions of this
part; or has done, or is about to do, any act, matter, or thing herein prohibited
or declared to be unlawful; or has failed, omitted, neglected, or refused, or is about
to fail, omit, neglect, or refuse, to perform any duty enjoined upon it by this part,
or has failed, omitted, neglected or refused, or is about to fail, omit, neglect,
or refuse to obey any lawful requirement, regulation or order made by the commission;
or any final judgment, order, or decree made by any court, then and in every such
case the commission may institute injunction, mandamus or other appropriate legal
proceedings, to restrain such violations of the provisions of this part, or of the
regulations, or orders of the commission, and to enforce obedience thereto.
Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 1549(11), adopted June 3, 1994, provided
that section 502 shall not be deemed suspended or affected by Rules 1501 through 1536
relating to action in equity.
Cross References. Section 502 is referred to in section 2905 of this title.
Notes of Decisions
Equitable Gas Co. v. City of Pittsburgh, 488 A.2d 270 (Pa. 1985).
· cites it 2× “NOTES [1] Equitable also argues that the annual fee for the use and maintenance of City bridges does not fall within the definition of "municipal claim.”
Consol. Rail Corp. v. Pennsylvania Pub. Util. Comm'n, 536 F. Supp. 653 (E.D. Pa. 1982).
“Despite the absence of a specific statutory penalty, the action is ripe because of the possibility of enforcement of the law under 66 Pa.Cons.Stat. §§ 502 & 503, and because the only factual development needed for adjudication is the minimal amount supplied by the parties.”
Delmarva Power & Light Co. v. Commonwealth, 870 A.2d 901 (Pa. 2005).
“” Fortunately, the General Assembly has defined the term “public utility” for purposes of the Code and that definition also applies to the Administrative Code and the Small Business Advocate Act.”
Borough of Olyphant v. Pennsylvania Power & Light Co., 269 F. Supp. 2d 601 (M.D. Penn. 2003).
“2d 791, 794 (1977); 66 Pa. Cons. Stat. §§ 502 , 3301(a). An administrative agency cannot be the functional equivalent of a court if it does not have the power to grant relief available from a court.”
Com. v. Tap Pharm. Prods., Inc., 36 A.3d 1112 (Pa. Commw. Ct. 2011).
“§ 5725(b) provides, in addition to proceeding under any other remedy available at law or in equity for a violation of the Act, or a rule or regulation adopted or any order issued under the Act, the Secretary of Agriculture may assess specified civil penalties. [25] Section 903…”
A.A. Wolk v. The Sch. Dist. of Lower Merion (Pa. Commw. Ct. 2020).
“ment that there is no “irreparable damage,” would not be so often used by wrongdoers, if they would take the trouble to observe that the word “irreparable” is a very unhappily chosen one, used in expressing the rule that an injunction may issue to prevent wrongs of a repeated…”
Blue Pilot Energy, LLC v. PA PUC (Pa. Commw. Ct. 2020).
“66 Pa. C.S. § 502. Like alternative energy credits, then, electric generation service “is distinct from items normally bargained for in a private contract.”
The Tenant Union Rep. Network v. PA PUC (Pa. Commw. Ct. 2024).
“66 Pa. C.S. §502. The PUC “is peculiarly fitted to interpret its own orders” and a reviewing court cannot overturn the PUC’s interpretation “unless the result is clearly erroneous, arbitrary, and unsupported by evidence.”
Commonwealth v. Pennsylvania Pub. Util. Comm'n, 394 A.2d 683 (Pa. Commw. Ct. 1978).
· cites it 2× “” However, as counsel for PennDOT correctly points out, the legislature did not concurrently alter the language of Sections 903 and 904, now Sections 502 and 503 of the Code, 66 Pa. C.S. §§502, 503, which prescribe enforcement procedures.”
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