Section 5.14. Applications requiring notice

(a) General rule. Notice of applications to the Commission for authority under the act must be published in the Pennsylvania Bulletin and as may otherwise be required by the Commission.

(b) Supplemental requirements. The Secretary may require additional publication or notification in one or more of the following ways:

(1) Publication in a newspaper of general circulation serving the geographical territory affected by the application.

(2) Actual notification to the parties affected by the application.

(3) Another form of actual or constructive notification, including service of the application on interested persons.

(c) Protest deadlines. The time for filing protests to applications is governed by § 5.53 (relating to time of filing).

(d) Publication of application. Except as set forth in § § 3.361—3.363, 3.501 and 57.71, 57.72 and 57.74—57.77 as relating to the 60-day protest period, or as otherwise provided by the Secretary, application to the Commission for the following types of authority will be published in the Pennsylvania Bulletin and, as directed by the Secretary, in a newspaper of general circulation serving the geographical territory affected by the application and shall be subject to a 15-day protest period.

(1) To initiate fixed utility service to the public, including the following:

(i) Electric.

(ii) Gas.

(iii) Telephone.

(iv) Water.

(v) Wastewater.

(vi) Pipeline.

(vii) Radio-telephone common carrier service.

(2) To initiate, in a different nature or to a different territory than is currently authorized, fixed utility service to the public, including the following:

(i) Electric.

(ii) Gas.

(iii) Telephone.

(iv) Water.

(v) Wastewater.

(vi) Pipeline.

(vii) Radio-telephone common carrier service.

(3) To abandon, in whole or in part, fixed utility service to the public, including to the following:

(i) Electric.

(ii) Gas.

(iii) Telephone.

(iv) Water.

(v) Wastewater.

(vi) Pipeline.

(vii) Radio-telephone common carrier service.

(4) To initiate rail utility service to the public.

(5) To initiate, in a different nature or to a different territory than is currently authorized, rail utility service to the public.

(6) To abandon, in whole or in part, rail utility service to the public.

(7) To acquire or transfer tangible or intangible utility property through sale, merger, consolidation, lease or transfer of stock.

(8) To acquire 5% or more of the voting stock of another corporation.

(9) To secure exemption under section 619 of the Pennsylvania Municipalities Planning Code (53 P. S. § 10619).

(10) To construct, alter or abandon, in whole or in part, or to change the status of a rail utility agency station or team track.

The provisions of this § 5.14 adopted December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended February 13, 1998, effective February 14, 1998, 28 Pa.B. 801; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (281569) to (281570).

Notation

Authority

The provisions of this § 5.14 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.

Cross References

This section cited in 52 Pa. Code § 5.74 (relating to filing of petitions to intervene); 52 Pa. Code § 54.35 (relating to publication of notice of filing); 52 Pa. Code § 54.36 (relating to protests to applications); 52 Pa. Code § 62.107 (relating to publication of notice of filing); 52 Pa. Code § 62.108 (relating to protests to applications); 52 Pa. Code § 63.324 (relating to commission approval of a general rule transaction subject to 66 Pa.C.S. § § 1102(a)(3) and 1103); and 52 Pa. Code § 63.325 (relating to commission approval of a pro forma transaction subject to 66 Pa.C.S. § § 1102(a)(3) and 1103).