Section 59.74. Utility liability

(a) Each NGDC may restrict or discontinue service in accordance with this section and § § 59.71—59.73 and 59.75 without thereby incurring any penalty or liability for any loss, injury or expense that may be sustained by the customer except when the restriction or discontinuation of service is as a result of the NGDC’s willful or wanton misconduct.

(b) NGDC liability for actions taken under § 59.73 (relating to emergency action), or to a regulation, policy statement, directive or order issued by the Commission or an emergency order issued by the Governor shall be governed by the following principles:

(1) If an NGDC appropriates natural gas during an emergency action, the NGDC shall compensate the applicable entity, whether the customer or the customer’s NGS, for the cost of lost, firm gas service. The compensation, in the aggregate, shall equal but not exceed the greater of: the city gate cost of the appropriated natural gas, including transportation charges up to the NGDC’s city gate, or the reasonable cost actually paid by the customer for delivered substitute energy, as documented to the NGDC. NGDCs may provide compensation in kind only at the discretion of the affected customer or NGS.

(2) The NGDC may discontinue service, for the duration of an emergency, to a customer that continues to take gas in violation of the rules found in this subchapter.

The provisions of this § 59.74 adopted December 14, 2001, effective December 15, 2001, 31 Pa.B. 6800.

Notation

Authority

The provisions of this § 59.74 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 2203(15) and 2208.

Cross References

This section cited in 52 Pa. Code § 59.71 (relating to definitions).