52 Pa. Code § 23.124

Current through Register Vol. 54, No. 45, November 9, 2024

Section 23.124 - Form for giving authority

(a) The form in subsection (c) shall be used to give authority to the following:

(1) An attorney and agent to file tariffs and supplements.

(2) An agent to receive concurrences for it.

(3) Another agent to give and receive concurrences.

(b) The authorization may not be given to an association or bureau, except if incorporated and in instances other than covered by § 23.121 (relating to filing of tariffs of joint rate), shall name an alternate agent to act in the event of the death or disability of the principal agent and may not contain authority to delegate to another the power thereby conferred.

(c) The form shall be as follows: ______________________________________

(Name of carrier in full)

Date ___ , 19 ___

Pa. H 1 No. (for household goods tariffs) or

Pa. P 1 No. (for passenger tariffs)

KNOW ALL MEN BY THESE PRESENTS:

That the (name of the carrier) has made, constituted, and appointed, and by these presents does make, constitute, and appoint (name of principal agent appointed) is true and lawful attorney and agent for the said carrier, and in its name, place, and stead, (1) for it alone, and (2) for it jointly with other carriers to receive concurrences in, and to file, rate schedules and supplements thereto, as required of carriers by the Public Utility Law and by regulations established by the Pennsylvania Public Utility Commission thereunder, for the period of time, the traffic, and the territory specified below, and to accept service of any notice, order or process for it and on its behalf which may be issued in proceedings before the Commission involving the lawfulness of rates, charges, classifications or practices contained or proposed in tariffs or schedules so filed:

__________________________________________________________________

__________________________________________________________________

And the said (name of carrier) does hereby give and grant unto its said attorney and agent full power and authority to do and perform all and every act and thing above specified as fully, to all intents and purposes, as if the same were done and performed by the said carrier, hereby ratifying and confirming all that its said attorney and agent may lawfully do by virtue hereof, and assuming full responsibility for the acts and neglects of its said attorney and agent hereunder. And further, That the (name of carrier) has made, constituted and appointed, and by these presents does make, constitute and appoint as alternate (name of alternate agent appointed) its true and lawful attorney and agent, for said carrier and in its name, place and stead, (1) for it alone, and (2) for it jointly with other carriers, in case and only in case of death or disability of the said (here insert name of principal agent) to do and perform the same acts and exercise the same authority as hereinabove granted to (here insert name of principal agent.)

In witness whereof the said carrier has caused these presents to be signed in its name by its president and to be fully attested under its corporated seal by its secretary, at ___ in the State of ___, on this ___ day of ___ , in the year of our Lord nineteen hundred and ___.

______________________________________

(Name of carrier)

By ______________________________________

(Name of officer)

________________________________________

(Title of officer)

ATTEST (if a corporation)

____________ Secretary

(d) The form contained in subsection (c) may be modified by omitting the words "(1) for it alone, and (2)" or "and (2) for it jointly with other carriers," or "to receive concurrences in, and" or "and to file," when the words are inapplicable. When used to give authority to an agent for the publication of a classification, a classification exception tariff, a rules or regulations tariff or a carrier directory, the power of attorney form should be modified by striking out the words "rate schedule" and substituting therefor the word or words "classification," "classification exception tariffs," or "rules and regulations tariff" and "carrier directory," as the case may be.

52 Pa. Code § 23.124

The provisions of this §23.124 amended February 6, 1998, effective 2/7/1998, 28 Pa.B. 647.

The provisions of this §23.124 amended under the Public Utility Code, 66 Pa.C.S. § 501.