Section 69.107. Exemptions

(a) A public utility is exempt from § § 69.103—69.106 (relating to utilities to require receipt of compliance certification copy of notice of intent to construct; reliance upon compliance certification copy; effect of reliance; service to certain residential buildings prohibited; and record retention), for an application for electric service to or for a residential building which is located in a municipality which has elected under sections 501 and 502 of the act (35 P. S. § § 7201.501 and 7201.502) to administer the act and which requires that a notice of intent to construct be filed with the municipality prior to or at the time that a building permit is applied for.

(b) A public utility is exempt from § § 69.103—69.106, if in the utility’s judgment, strict compliance may jeopardize the public health or safety or impose an undue hardship. In this event, the utility shall notify the Department or the municipality, in writing, of the exemption.

The provisions of this § 69.107 adopted April 20, 1984, effective July 20, 1984, 14 Pa.B. 1393; amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 389. Immediately preceding text appears at serial pages (95685) to (95686).

Notation

Authority

The provisions of this § 69.107 issued under Public Utility Code,66 Pa.C.S. § § 308, 501, 1501 and 1704; amended under Public Utility Code,66 Pa.C.S. § § 308, 331, 501, 1501 and 1704.

Cross References

This section cited in 52 Pa. Code § 69.101 (relating to definitions); 52 Pa. Code § 69.102 (relating to scope); 52 Pa. Code § 69.103 (relating to utilities to require receipt of compliance certification copy of notice of intent to construct); and 52 Pa. Code § 69.105 (relating to service to certain residential buildings prohibited).