Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

52 Pa. Code § 65.1. Definitions.

§ 65.1. Definitions.

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

   Annual line extension costs—The sum of a utility’s additional annual operating and maintenance costs, debt costs and depreciation charges associated with the construction, operation and maintenance of the line extension.

   Annual revenue—The utility’s expected additional annual revenue from the line extension based on the utility’s currently effective tariff rates and on the average annual usage of customers similar in nature and size to the bona fide service applicant.

   Bona fide service applicant—A person or entity applying for water service to an existing or proposed structure within the utility’s certificated service territory for which a valid occupancy or building permit has been issued if the structure is either a primary residence of the applicant or a place of business. An applicant will not be deemed a bona fide service applicant if one of the following applies:

     (i)   The applicant is requesting water service to a building lot, subdivision or a secondary residence.

     (ii)   The request for service is part of a plan for the development of a residential dwelling or subdivision.

     (iii)   The applicant is requesting special utility service.

   Company’s service line—The connection between the distribution facilities or pipeline extensions of the utility which connects any main with the inlet connection of a service line of a customer at the curb or property line.

   Customer—A party contracting with a public utility for service.

   Customer’s service line—The service line extending from the curb, property line or utility connection to a point of consumption.

   Debt costs—The utility’s additional annual cost of debt associated with financing the line extension investment based on the current debt ratio and weighted long-term debt cost rate for that utility or that of a comparable jurisdictional water utility.

   Depreciation charges—The utility’s additional annual depreciation charges associated with the specific line extension investment to be made based on the current depreciation accrual rates for that utility or that of a comparable jurisdictional water utility.

   Line extension—An addition to the utility’s main line which is necessary to serve the premises of a customer.

   Main—The pipe of a public utility system, excluding service connections, located in a public highway, street, alley or private right-of-way which pipe is used in transporting water.

   Nonessential uses of water—Nonessential uses of water include:

     (i)   The use of hoses, sprinklers or other means for sprinkling or watering of shrubbery, trees, lawns, grass, plants, vines, gardens, vegetables, flowers or other vegetation.

     (ii)   The use of water for washing automobiles, trucks, trailers, trailer houses or another type of mobile equipment.

     (iii)   The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes, sidewalks, apartments or other outdoor surfaces.

     (iv)   The operation of an ornamental fountain or other structures making a similar use of water.

     (v)   The use of water for filling swimming or wading pools.

     (vi)   The operation of any water-cooled comfort air conditioning which does not have water-conserving equipment.

     (vii)   The use of water from fire hydrants for construction purposes or fire drills.

     (viii)   The use of water to flush a waste water line or waste water manhole.

     (ix)   The use of water for commercial farms and nurseries other than a bare minimum to preserve plants, crops and livestock.

   Operating and maintenance costs—The utility’s average annual operating and maintenance costs associated with serving an additional customer, including customer accounting, billing, collections, water purchased, power purchased, chemicals and other variable costs based on the current total company level of the costs, as well as costs particular to the specific needs of that customer, such as line flushing.

   Public utility—Persons or corporations owning or operating equipment or facilities in this Commonwealth for diverting, developing, pumping, impounding, distributing or furnishing water to or for the public for compensation. The term does not include a person or corporation not otherwise a public utility who or which furnishes service only to himself or itself, or a bona fide cooperative association which furnishes service only to its stockholders or members on a nonprofit basis.

   Short-term supply shortage—An emergency which causes the total water supply of a public utility to be inadequate to meet maximum system demand.

   Special utility service—Residential or business service which exceeds that required for ordinary residential purposes. The term may include installation of facilities such as oversized mains, booster pumps and storage tanks as necessary to provide adequate flows or to meet required pressure criteria and service to large water consuming commercial and industrial facilities.

Authority

   The provisions of this §  65.1 issued under the Public Utility Code, 66 Pa.C.S. § §  317, 501, 504—506, 1301, 1304, 1501, 1502, 1504, 1507, 1508, 1702 and 1704.

Source

   The provisions of this §  65.1 adopted March 25, 1946; amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3356; amended February 14, 1997, effective February 15, 1997, 27 Pa.B. 799; amended February 13, 1998, effective February 14, 1998, 28 Pa.B. 801. Immediately preceding text appears at serial pages (225753) to (225755).

Notes of Decisions

   Agency Not Bound by Court Interpretation of Statutory Provision

   In promulgating a regulation to implement a statutory provision, an agency is not bound by a prior court decision interpreting that statutory provision. Popowsky v. Pennsylvania Public Utility Commission, 853 A.2d 1097, 1106 (Pa. Cmwlth. 2004); appeal granted 868 A.2d 454 (Pa. 2005); affirmed 910 A.2d 38 (Pa. 2006).



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