§ 508. Power of commission to vary, reform and revise contracts.
The commission shall have power and authority to vary, reform, or revise, upon a fair,
reasonable, and equitable basis, any obligations, terms, or conditions of any contract
heretofore or hereafter entered into between any public utility and any person, corporation,
or municipal corporation, which embrace or concern a public right, benefit, privilege,
duty, or franchise, or the grant thereof, or are otherwise affected or concerned with
the public interest and the general well-being of this Commonwealth. Whenever the
commission shall determine, after reasonable notice and hearing, upon its own motion
or upon complaint, that any such obligations, terms, or conditions are unjust, unreasonable,
inequitable, or otherwise contrary or adverse to the public interest and the general
well-being of this Commonwealth, the commission shall determine and prescribe, by
findings and order, the just, reasonable, and equitable obligations, terms, and conditions
of such contract. Such contract, as modified by the order of the commission, shall
become effective 30 days after service of such order upon the parties to such contract.
Cross References. Section 508 is referred to in section 2807 of this title.
Notes of Decisions
City of Philadelphia v. Philadelphia Elec. Co., 473 A.2d 997 (Pa. 1984).
· cites it 2× “" [1] 66 Pa.C.S. § 508 currently provides: The commission shall have power and authority to vary, reform, or revise, upon a fair, reasonable, and equitable basis, any obligations, terms, or conditions of any contract heretofore or hereafter entered into between any public…”
ARIPPA v. Pennsylvania Pub. Util. Comm'n, 966 A.2d 1204 (Pa. Commw. Ct. 2009).
· cites it 2× “Section 508 of the Public Utility Code, 66 Pa.C.S. § 508. [14] The amendment further provided that: Unless a contractual provision explicitly assigns alternative energy credits in a different manner, the owner of the alternative energy system or a customer-generator owns any and…”
Borough of Olyphant v. Pennsylvania Pub. Util. Comm'n, 861 A.2d 377 (Pa. Commw. Ct. 2004).
· cites it 2× “According to the Borough, the PUC is altering the terms of the Federal Agreements; and, the Borough asserts that it must con *385 duct a hearing before altering a contract under Section 508 of the Public Utility Code, 66 Pa.C.S. § 508. 15 Furthermore, the Borough strenuously…”
At & T v. Pennsylvania Pub. Util. Comm'n, 737 A.2d 201 (Pa. 1999).
· cites it 2× “On the merits, the Commonwealth Court concluded that, where there are unpaid private cost allocation agreements, the PUC must interpret and apply those agreements unless abrogated as contrary to the public interest under Section 508 of the Public Utility Code, 66 Pa.C.S. § 508.…”
PPL Elec. Utils. Corp. v. Pennsylvania Pub. Util. Comm'n, 912 A.2d 386 (Pa. Commw. Ct. 2006).
“” 66 Pa.C.S. § 508. Further, prior written approval is needed for a valid and effective contract or arrangement between a public utility and an affiliated interest for the furnishing of management, supervisory, construction, engineering, accounting, legal, financial, or similar…”
Octoraro Ry., Inc. v. Pennsylvania Pub. Util. Comm'n, 482 A.2d 278 (Pa. Commw. Ct. 1984).
· cites it 3× “2 Petitioner argues that the Commission, under Bection 508 of the Public Utility Code (Code), 66 Pa. C. S. §508, has the power to revise contracts entered into between public utilities and municipal corporations.”
Armco Advanced Materials Corp. v. Pennsylvania Pub. Util. Comm'n, 579 A.2d 1337 (Pa. Commw. Ct. 1990).
“On August 3, 1988, MEI filed a petition requesting the PUC to exercise its authority under section 508 of the Public Utility Code, 66 Pa.C.S. § 508, 7 to relieve MEI from *25 the September 1, 1988, Financing Closing Date and all other later deadlines in the EEPA.”
Friends of the Atglensusquehanna Trail, Inc. v. Pennsylvania Pub. Util. Comm'n, 717 A.2d 581 (Pa. Commw. Ct. 1998).
· cites it 2× “The ALJ had the duty to determine whether the Settlements were in the public interest and to set aside provisions that were not, pursuant to the Commission's authority in Section 508 of the Public Utility Code, 66 Pa.C.S. § 508. That authority includes the power to reform and…”
Columbia Gas of Pennsylvania, Inc. v. Pennsylvania Pub. Util. Comm'n, 535 A.2d 1246 (Pa. Commw. Ct. 1988).
“Inasmuch as Section 508 of the Code, 66 Pa. C. S. §508, gives the PUC the authority to vary, reform or revise contracts upon a fair, reasonable and equitable basis, we cannot say as a matter of law that the PUC either abused its power or misapplied the law in this case.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.