52 Pa. Code § 53.96

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

Section 53.96 - Power of attorney form

(a) A power of attorney form shall be used to give authority to an attorney and agent to file tariffs and supplements, to authorize an agent to receive concurrences for it, and to give authority to another telephone company to give and receive concurrences. Such authorization, other than that given to another telephone company to give and receive concurrences, shall name an alternate agent to act in the event of the death or disability of the principal agent, and shall not contain authority to delegate to another the power conferred by such authorization. The form shall be as follows:

____

(Name of public utility)

Date ______ , 19 ____

KNOW ALL MEN BY THESE PRESENTS:

That the (corporate name of the public utility) has made, constituted, and appointed, and by these presents does make, constitute, and appoint (name of principal agent appointed) its true and lawful attorney and agent for the said company, and in its name, place, and stead, (1) for it alone, and (2) for it jointly with other public utilities to receive concurrences in, and to file, rate schedules and supplements thereto, as required of public utilities 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 company) 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 company, 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 company) 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 Company and in its name, place and stead, (1) for it alone, and (2) for it jointly with other public utilities, in case and only in case of the 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 company has caused these presents to be signed in its name by its president and to be fully attested under its corporate seal by its secretary, at ____ , in the State of, ____ , on this ____ day of ____ , in the year of our Lord nineteen hundred and ____.

_______________________________________________________________________________________________

(Name of public utility)

By _______________________________________________________________________________________________

Its____ President

ATTEST:

____ Secretary

(Corporate seal)

(b) The form contained in subsection (a) may be modified by omitting the words "(1) for it alone, and (2)" or "and (2) for it jointly with other public utilities," or "to receive concurrences in, and" or "and to file," when such words are inapplicable. When used to give authority to an agent for the publication of a classification, a classification exception tariff or a rules circular, 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 circulars," as the case may be. When used to give authority to another telephone company to give and receive concurrences, the third paragraph relating to the alternate agent should be omitted, and in the first paragraph the name of the telephone company being appointed as agent should be shown in lieu of the name of the principal agent.

52 Pa. Code § 53.96