Sections 65.21 and 65.22(a) and (c) (relating to duty of public utility to make line extensions; and customer advance financing, refunds and facilities on private property) do not apply to special utility service.

Authority

The provisions of this § 65.23 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.

Source

The provisions of this § 65.23 adopted February 14, 1997, effective February 15, 1997, 27 Pa.B. 799.

Notes of Decisions

The line extension regulations do not conflict with 66 Pa.C.S. § 501 (relating to character of service and facilities). Popowsky v. Pennsylvania Public Utility Commission, 853 A.2d 1097, 1110 (Pa. Cmwlth. 2004); appeal granted 868 A.2d 454 (Pa. 2005); affirmed 910 A.2d 38 (Pa. 2006).

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. A regulation must be followed even if prior case law supports a narrower interpretation. Popowsky v. Pennsylvania Public Utility Commission, 853 A.2d 1097, 1106 (Pa. Cmwlth. 2004).