PA PUC:  Commission Adopts Proposed Policy Statement Regarding the Scope of Its Jurisdiction over Passenger Transportation Services Provided or Administered by Municipal Corporations and Instrumentalities of the State

 (July 20, 2011)

On March 17, 2011, the Pennsylvania Public Utility Commission (“Commission”) adopted a proposed policy statement which clarifies the exceptions to the Commission’s jurisdiction over passenger transportation services provided or administered by municipal corporations and instrumentalities of the State.

The policy statement proposes amendments to the Commission’s current policy statement at 52 Pa. Code § 41.22 (Motor carrier passenger transportation services by municipal corporations or State instrumentalities – statement of policy).  Through these amendments, the Commission seeks to provide greater regulatory certainty regarding its jurisdiction over services provided through third parties under contract with a municipal corporation or state agency.  Accordingly, the Commission is exploring the issue of whether, and under what conditions, the municipal corporation and state instrumentality exception to the Commission’s jurisdiction extends to the third party, including the extent to which these services are considered to be extra-territorial.

A copy of the proposed policy statement as recently published in the Pennsylvania Bulletin is available by clicking here.  Interested parties are invited to submit comments within 60 days of publication (i.e., by September 14, 2011).  Following review of the comments that are filed, the Commission will issue a final policy statement to provide definitive guidance to municipal corporations, common carriers, and other state agencies.

For more information on this proposed policy statement, please contact Thomas Long attorneys Thomas T. Niesen or Charles E. Thomas, III.