§ 59.62. [Reserved].
The provisions of this § 59.62 amended through July 1, 1983, effective July 2, 1983, 13 Pa.B. 2062; amended April 29, 1988, effective April 30, 1988, 18 Pa.B. 2028; amended March 22, 1996, effective March 23, 1996, 26 Pa.B. 1265; reserved amended July 2, 1998, effective August 3, 1998, 28 Pa.B. 3050. Immediately preceding text appears at serial pages (213706) and (211185) to (211186).
Notes of Decisions
Commission decision refusing exemption under 52 Pa. Code § 59.62(h)(4), because conversion from gas to electricity would not be unduly burdensome, was supported by substantial evidence where commission calculations indicated equal or slightly lower cost over five-year period. John Sheldrake, Inc. v. Pennsylvania Public Utility Commission, 494 A.2d 1171 (Pa. Cmwlth. 1985).
Ban on sale of natural gas for use in commercial outdoor lights, 52 Pa. Code § 59.62(h) does not violate due process or equal protection clauses since it serves purpose of curtailing use of natural gas, aiding in conservation of a finite natural resource. John Sheldrake, Inc. v. Pennsylvania Public Utility Commission, 494 A.2d 1171 (Pa. Cmwlth. 1985).
Voluntary unincorporated association of 30 residents, including Chatham College, owning property along street, is considered a residential customer, thereby entitled to exemption from the ban on outside natural gas lighting under subsection (h). Woodland Road Association v. Pennsylvania Public Utility Commission, 487 A.2d 1030 (Pa. Cmwlth. 1985).
In response to Philadelphia Electric Companys argument that a significant annual surcharge imposed upon all its residential gas customers using outdoor gas lights would be too costly to administer on an equitable basis, the PUC found that the companys compliance with this section would allow the company to administer the program without significant additional costs, and such finding was supported by substantial evidence. Philadelphia Electric Co. v. Pennsylvania Public Utility Commission, 470 A.2d 654 (Pa. Cmwlth. 1984).
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