Section 57.1. Definitions


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  • The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

    Alternate route or alternative route—A reasonable right-of-way which includes not more than 25% of the right-of-way of the applicant’s proposed route.

    Commence construction—To begin clearing or disturbing the land or the first act in erecting thereon an artificial structure, but does not include action necessary for the purpose of gathering survey, geological, environmental or similar data.

    Customer—A party supplied with electric service by a public utility.

    Customer’s installation—Wiring and equipment on the premises of a customer, and poles, wires or cables and other facilities necessary to bring the terminus of the wiring of a customer to a location where it may be connected to the service line.

    Electric supply line—The wires or cables, with the necessary supporting or containing structures and appurtenances, used in connection with an overhead or underground system of a public utility, providing electric power, located on a public highway or utility right-of-way and used to transmit or distribute electric energy.

    Eminent domain application—An application filed with the Commission by a public utility for a certificate of public convenience for approval of the exercise of the power of eminent domain to acquire rights-of-way for the construction, operation and maintenance of an aerial transmission line.

    Existing transmission line right-of-way—A right-of-way of sufficient width to accommodate two or more transmission lines on May 20, 1978 and on which at least one transmission line was erected as of May 20, 1978, or a right-of-way of sufficient width to accommodate two or more lines for which siting approval was received and on which at least one line has been constructed.

    HV transmission line or HV line—An overhead electric supply line with a design voltage greater than 100,000 volts.

    Line extension—An addition to the public utility electric supply line necessary to serve the premises of a customer which addition is so located that it cannot be supplied by means of a service line from the existing electric supply line.

    Proposed route—The right-of-way on which the applicant desires to construct an HV transmission line.

    Public utility—Persons or corporations in this Commonwealth owning or operating equipment or facilities for generating, transmitting, distributing or furnishing electricity for the production of light, heat or power to or for the public for compensation. The term does not include either of the following:

    (i) A person or corporation not otherwise a public utility who or which furnishes service only to himself or itself.

    (ii) A bona fide cooperative association which furnishes service only to its stockholders or members on a nonprofit basis.

    Service line—The wires or cables and appurtenances which connect the electric supply line of the public utility with the customer’s installation and which comply with either of the following:

    (i) If overhead-open-wire or cable-construction, the span, normally 100 feet, extending to a suitable support provided by the customer.

    (ii) If the electric supply line is of underground construction, the underground facilities extending to but not exceeding 18 inches inside the property line of the customer.

    Service terminal—The point at which the service lines of the public utility terminate and the customer’s facilities for receiving the service begin.

    Siting application—An application filed with the Commission by a public utility under § 57.71 (relating to application).

    Transmission line—An overhead electric supply line with a design voltage greater than 35,000 volts.

    Transmission line right-of-way—A right enjoyed over the property of another subject to certain conditions which arise by reason of one of the following:

    (i) A lease.

    (ii) An easement.

    (iii) A right to use or license.

    (iv) An option to buy with right of possession.

    (v) Ownership in fee simple absolute or any lesser estate of land, obtained for the purpose of constructing and maintaining a transmission line or HV line.

The provisions of this § 57.1 adopted February 25, 1946; amended through May 29, 1973; amended May 19, 1978, effective May 20, 1978, 8 Pa.B. 1403; amended January 7, 1983, effective January 8, 1983, 13 Pa.B. 131. Immediately preceding text appears at serial pages (78435) to (78436).

Notation

Authority

The provisions of this § 57.1 issued under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504 and 1501.

Notes of Decisions

Electric Supply Line and Service Line Distinguished

A supply line, by definition, never connects to buildings, structures, or facilities that use or otherwise consume electrical energy; only service lines perform such a function. This definitional distinction is significant because it justifies consistently treating service lines differently from supply lines with respect to refunding contributions-in-aid-of-construction payments. Kossman v. Pennsylvania Public Utility Commission, 694 A.2d 1147 (Pa. Cmwlth. 1997).

Cross References

This section cited in 52 Pa. Code § 57.144 (relating to transmission line projection).