§ § 69.21—69.27. [Reserved].
Source The provisions of these § § 69.21—69.27 adopted October 9, 1976, effective October 10, 1976, 6 Pa.B. 2513; reserved December 14, 2001, effective December 15, 2001, 31 Pa.B. 6800. Immediately preceding text appears at serial pages (271646) to (271650), (201989) to (201990) and (263695) to (263696).
Notes of Decisions Hospital
When based on consideration of the technical and economic feasibility of conversion to alternate fuels, it is reasonable to classify a hospital, two of whose three boilers have a dual-fire capability and which has an 8000 gallon on-site fuel-oil storage capacity, as a 99% Priority 6 customer. Montefiore Hospital Association v. Pennsylvania Public Utility Commission, 421 A.2d 481 (Pa. Cmwlth. 1980).
High Rise Apartment
A high rise apartment building may be classified as Priority 6, since the operator of the building is the customer of the gas company and, in turn, furnishes natural gas to its tenants, and since the building could not be classified as Priority 1 and also could not be classified as industrial. Housing Authority of City of Pittsburgh v. Pennsylvania Public Utility Commission, 406 A.2d 591 (Pa. Cmwlth. 1979).
Overrun Revenue
The Commission did not err or abuse its discretion in including overrun revenue in a purchased gas cost proceeding under section 1307(f), 66 Pa.C.S. § 1307. Because the utility’s core customers, rather than the utility’s shareholders, bore the risk of service interruption, then the utility’s core customers, rather than its shareholders, should receive the benefit of the overrun revenues. UGI Utilities v. Pennsylvania Utility Commission, 673 A.2d 43 (Pa. Cmwlth. 1996).
Validity of Regulation
The penalty provisions of 52 Pa. Code § 69.25 for unauthorized overruns of allocated volumes are rationally related to enforcement of the Commission’s natural gas curtailment scheme and are not arbitrary. Montefiore Hospital Association v. Pennsylvania Public Utility Commission, 421 A.2d 481 (Pa. Cmwlth. 1980).
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