reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter A - CUSTOMER INFORMATION › Section 54.8 - Privacy of customer information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 An EDC or EGS may not release private customer information to a third party
					 unless the customer has been notified of the intent and has been given a
					 convenient method of notifying the entity of the customer's desire to restrict
					 the release of the private information. Specifically, a customer may restrict
					 the release of either the following:
(1) The
					 customer's telephone number.
(2)
					 The customer's historical billing data.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter A - CUSTOMER INFORMATION › Section 54.9 - Complaint handling process

Current through Register Vol. 54, No. 28, July 13, 2024
EDCs and EGSs shall disclose to consumers the following
						with respect to the rights of consumers in the handling and resolution of
						complaints:
(1) Residential and small
					 business customers shall directly contact the party responsible for the service
					 in question as an initial step for complaint and problem resolution. If the
					 customer mistakenly contacts the wrong entity, the customer shall be promptly
					 referred to the appropriate contact. In the event of a power outage, the
					 customer shall be directed to the EDC.
(2) Complaints that pertain to Chapter 56
					 (relating to standards and billing practices for residential utility service)
					 matters shall be handled and resolved in accordance with the applicable
					 standards in Chapter 56.
(3) EDCs
					 and EGSs shall give the Commission access to disclosure statements, billing and
					 other customer information resources for compliance reviews as deemed necessary
					 by the Commission. When complaints arise and are brought before the Commission
					 for resolution, the obligation of the EGS shall be extended to the provision of
					 pricing information.
This section cited in 52 Pa. Code §
													54.1 (relating to purpose); and 52
						  Pa. Code §
													111.13 (relating to customer
						  complaints).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter A - CUSTOMER INFORMATION › Section 54.10 - Notice of contract expiration or change in terms for residential and small business customers

Current through Register Vol. 54, No. 28, July 13, 2024
An EGS shall provide the following notices to customers
						prior to the expiration of a fixed duration contract or prior to a change in
						contract terms:
(1) An initial notice
					 shall be provided to each affected customer 45 to 60 days prior to the
					 expiration date of the fixed duration contract or the effective date of the
					 proposed change in terms. For customers who have elected to receive electronic
					 communications from the EGS, the notice shall be transmitted in the manner
					 chosen by the customer. The initial notice must include:
(i) A general description of the proposed
					 change in terms of service.
(ii)
					 The date a change shall be effective or when the fixed duration contract is to
					 expire.
(iii) An explanation of why
					 a change in contract terms is necessary.
(iv) A statement indicating when a follow-up
					 options notice shall be issued with details regarding the proposed
					 change.
(v) A statement explaining
					 that the options notice must discuss the customer's options to the proposed
					 change in terms of service or expiring fixed duration contract.
(vi) A statement indicating whether the
					 existing fixed duration contract has a cancellation fee, and an explanation of
					 the fee amount and how to avoid the fee, including a notice that the customer
					 is not subject to the cancellation fee if the customer terminates the contract
					 at any time after the customer receives the options notice required under
					 § 54.10(2).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.32 - Application process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An EGS may
					 not engage in marketing, or may not offer to provide, or provide retail
					 electricity or electric generation service until it is granted a license by the
					 Commission.
(b) An application for
					 a license shall be made on the form provided by the Commission. A copy of the
					 application may be obtained from the Commission's Secretary. The application
					 form will also be made available on the Commission's Internet web site. An
					 application shall be verified by an oath or affirmation as required in §
											1.36 (relating to verification).
					 See section 2809(b) of the code (relating to requirements for electric
					 generation suppliers).
(c) An
					 original of the completed application and supporting attachments shall be
					 filed. An application for a license shall be accompanied by the application fee
					 as established in §
											1.43 (relating to schedule of fees
					 payable to the Commission).
(d)
					 Copies of the completed application with supporting documentation shall be
					 served on the following: the Office of Consumer Advocate, the Office of Small
					 Business Advocate, the Department and the Office of the Attorney General and
					 the EDCs through whose transmission and distribution facilities the applicant
					 intends to supply customers.
(e)
					 Incomplete applications and those without supporting attachments, when needed,
					 will be rejected without prejudice. The license application, with supporting
					 attachments, shall be completed in its entirety.
(f) When an answer on the application
					 requires the disclosure of privileged or confidential information not otherwise
					 available to the public, the applicant may designate at each point in the
					 application where information is disclosed that is confidential and privileged.
(1) One copy of this confidential or
					 privileged information conspicuously marked at the top as "CONFIDENTIAL" may be
					 submitted to the Office of the Secretary with the application. An applicant
					 shall provide reasons for protecting this information.
(2) The request for confidentiality will be
					 treated as a petition for protective order and will be ruled on by the
					 Commission in conjunction with the license application.
(3) Pending disposition, the information will
					 be used solely for the purpose of evaluating the license application, and the
					 confidentiality of this information will be maintained consistent with
					 regulations in this title pertaining to confidentiality.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.33 - Application form

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application
					 form includes information that will be used in the evaluation of the financial
					 fitness and technical fitness to render service. This information includes the
					 following:
(1) An identification of the
					 geographic area that the applicant proposes to serve.
(2) An identification of the type of service
					 that the applicant proposes to furnish.
(3) An identification of the class of
					 customers to which the applicant proposes to provide these services.
(4) An identification of the applicant's
					 utility affiliates.
(5) A
					 description of the applicant's business structure.
(6) Financial information sufficient to
					 demonstrate financial fitness. This information may include credit ratings and
					 history, audited financial statements, and insurance pertinent to the conduct
					 of the applicant's business as an electric generation supplier.
(7) Evidence of competency and experience in
					 providing the scope and nature of the applicant's proposed services. This
					 evidence may include descriptions of the applicant's prior experience, proposed
					 staffing and employe training commitments, business plans, and agreements,
					 arrangements and contracts for generation, transmission and related services.
					 Documentation of the applicant's membership in the East Central Area
					 Reliability Coordination Agreement (ECAR), the Mid Atlantic Area Council (MAAC)
					 or other National American Electric Reliability Council (NERC) regional
					 reliability councils shall be submitted if applicable to the scope and nature
					 of the applicant's proposed services.
(8) Evidence of information demonstrating the
					 applicant's ability to comply with Commission's applicable requirements
					 concerning customer billing, customer education, billing and terms of service,
					 and customer information. This evidence may include prior regulatory experience
					 of the applicant, prior business experience in energy or other service-oriented
					 industries, staffing and staff training commitments, agreements, arrangements
					 and contracts for customer education and information service, customer
					 satisfaction survey results, government agency reports and complaint statistics
					 compiled by the Better Business Bureau or similar business
					 organizations.
(9) Certification
					 that notice of the application was published in accordance with §
												54.35 (relating to publication of
					 notice of filing) shall be filed with the Commission's Secretary. The
					 certification shall be notarized and include a photostatic copy of the notices
					 as published. An application will not be considered complete for Commission
					 review without this certification.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.34 - Change in organizational structure or operational status

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The applicant
					 is under a duty to inform the Commission of a material change in the
					 information provided in the application during the pendency of the application,
					 or while the licensee is operating in this Commonwealth.
(b) A material change in the organizational
					 structure or operation that affects an applicant's or a licensee's operation in
					 this Commonwealth shall be reported to the Commission within 30 days of the
					 date of the change. Specifically, notification shall be given to the Commission
					 of a change in the following:
(1) The
					 ownership of generation or transmission facilities or other inputs to electric
					 power production.
(2) An
					 affiliation with an EDC, or an entity which owns generation or transmission
					 facilities or other inputs to electric power production.
(3) An affiliation with an entity that has a
					 franchised service area.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.35 - Publication of notice of filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Notice of filing an application shall be published in newspapers of general
					 circulation covering each county in which the applicant intends to provide
					 service as required by §
											5.14(a)(2)
					 (relating to applications requiring notice). Applicants may contact the
					 Commission's Press Secretary to confirm the identity of the newspapers of
					 general circulation in which notice shall be published.
(b) The notice shall be written in plain
					 language and include the name, address and telephone number of the applicant, a
					 description of the proposed services to be provided and the geographic area to
					 be served. The notice shall include the application docket number and a
					 statement that protests related to the technical or financial fitness of the
					 applicant shall be filed within 15 days of the publication date of the notice
					 with the Commission's Secretary, Public Utility Commission, P. O. Box 3265,
					 Harrisburg, PA 17105-3265. The notice in an acceptable electronic format shall
					 be submitted to the Commission's Secretary for posting on the Commission's
					 Internet web site and, if appropriate, on the Commission's electronic bulletin
					 board.
This section cited in 52 Pa. Code §
													54.33 (relating to application
						  form); and 52 Pa. Code §
													62.104 (relating to application
						  form).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.36 - Protests to applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Consistent with §
											5.14(b) (relating
					 to applications requiring notice), a 15-day protest period commences on the
					 date notice of the application filing is published in newspapers. An interested
					 party may file a protest to an application in compliance with §
											5.52(a) (relating
					 to content of a protest to an application) and shall set out clearly and
					 concisely the facts upon which challenge to the fitness of the applicant is
					 based. An applicant may file an answer to the protest within 10 days of when
					 the protest is filed. Protests which do not fully comply with § 5.52(a)
					 will be rejected.
(b) Protests may
					 challenge only the applicant's financial and technical fitness to provide the
					 service for which a license is requested. Consistent with the requirements of
					 due process, sanctions, such as revocation or suspension of a supplier's
					 license or the imposition of a fine, may be imposed on parties who
					 intentionally misuse the protest process by repeated filing of competitive
					 protests.
(c) A protest to the
					 applicant's technical or financial fitness to provide service will be assigned
					 to Commission staff for review. Staff will determine if the protest fully
					 complies with §
											5.52(a)  and sets
					 out clearly and concisely the facts upon which the challenge to the fitness of
					 the applicant is based. Staff will determine if the protest is sufficiently
					 documented. If a protest is not sufficiently documented, Commission staff will
					 prepare a recommendation for Commission consideration dismissing the protest
					 and granting the application. If a protest is sufficiently documented, the
					 application will be transferred to the Office of Administrative Law Judge for
					 hearings or mediation as deemed appropriate.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.37 - Approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A license will
					 be issued, authorizing the whole or any part of service requested, if the
					 Commission finds that:
(1) The applicant is
					 fit, willing and able to properly perform the service proposed in conformance
					 with applicable provisions of the code and the lawful Commission orders and
					 regulations, specifically including Chapter 56 (relating to Standards and
					 Billing Practices for Residential Utility Service).
(2) The proposed service is consistent with
					 the public interest and the policy declared in Chapter 28 of the code (relating
					 to the Electricity Generation Customer Choice and Competition Act. See section
					 2809(b) of the code (relating to requirements for electric generation
					 suppliers).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.38 - Regulatory assessments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 licensee shall be required to pay assessments to be used to defray regulatory
					 costs. See section 510 of the code (relating to assessment for regulatory
					 expenses upon public utilities). Assessments will be based upon the
					 administrative costs incurred by the Commission related to generation
					 suppliers. These costs include:
(1)
					 Maintaining records related to licensees and administering other provisions of
					 the code related to maintenance of adequate reserve margins.
(2) Compliance with Chapter 56 (relating to
					 standards and billing practices for residential utility service).
(3) Fulfilling consumer information and
					 education obligations.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.39 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 licensee shall report its level of gross receipts to the Commission on a
					 quarterly basis. Gross receipt information shall be filed with the Commission
					 within the 30 days following the end of the first full quarter, and of each
					 subsequent quarter that the license is in effect.
(b) A licensee shall file an annual report on
					 or before April 30 of each year, for the previous calendar year. The annual
					 report shall contain the following information (See section 2810(c)(6) of the
					 code (relating to revenue-neutral reconciliation):
(1) Updates to the tax information requested
					 in the application in §
												54.33(b)
					 (relating to application form).
(2)
					 The total amount of gross receipts from the sales of electricity for the
					 preceding calendar year.
(3) The
					 total amount of electricity sold, stated in kilowatt hours, during the
					 preceding calendar year.
(4) The
					 percentage of total electricity supplied by each energy source, including a
					 detailed breakdown of renewable resources as defined in section 2803 of the
					 code (relating to definitions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.41 - Transfer or abandonment of license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A license may not be transferred without
					 prior Commission approval. See section 2809(d) of the code (relating to
					 requirements for electric generation suppliers). Approval for transfer shall be
					 obtained by petition to the Commission. The granting of such a petition does
					 not eliminate the need for the transferee to complete and file with the
					 Commission an application that demonstrates the transferee's financial and
					 technical fitness to render service under the transferred license.
(b) A licensee may not abandon service
					 without providing 90 days prior written notice to the Commission, the
					 licensee's customers, the affected distribution utilities and default service
					 providers prior to the abandonment of service. The licensee shall provide
					 individual notice to its customers with each billing, in each of the three
					 billing cycles preceding the effective date of the abandonment.
This section cited in 52 Pa. Code §
													54.123 (relating to transfer of
						  customers to default service).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.42 - License suspension; license revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee shall comply with the
					 applicable requirements of the code and Commission regulations and orders.
					 Consistent with due process, a license may be suspended or revoked, and fines
					 may be imposed against the licensee for:
(1)
					 The failure to pay the yearly assessment.
(2) The failure to furnish and maintain a
					 bond or other security approved by the Commission in the amount directed by the
					 Commission.
(3) The nonpayment of
					 taxes under Article II of the Tax Reform Code of 1971 (72 P. S. §
													§
													7201-7281.2) and Article XI of the Tax
					 Reform Code of 1971 (72 P. S. §
													§
													8101-8104) and any taxes imposed by Chapter
					 28 of the code (relating to Electricity Generation Customer Choice and
					 Competition Act). See sections 2806(g)(3) and 2809(c)(1) of the code (relating
					 to implementation, pilot program and performance based rates; and requirements
					 for electric generation suppliers).
(4) The failure to waive confidentiality with
					 respect to tax information in the possession of the Department. See section
					 2810(c)(6)(iv) of the code (relating to revenue-neutral
					 reconciliation).
(5) The failure to
					 provide the address of its principal office in this Commonwealth or of its
					 registered agent.
(6) The failure
					 to follow the principles in §
												54.43 (relating to standards of
					 conduct and disclosure for licensees).
(7) A violation of applicable provisions of
					 the Code, this title and lawful Commission orders. See section 2809(b) of the
					 code.
(8) A violation of
					 Pennsylvania consumer protection law.
(9) The transfer of a customer without the
					 customer's consent. See section 2807(d)(1) of the code (relating to duties of
					 electric distribution companies).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter B - ELECTRICITY GENERATION SUPPLIER LICENSING › Section 54.43 - Standards of conduct and disclosure for licensees

Current through Register Vol. 54, No. 28, July 13, 2024
To protect consumers of this Commonwealth, licensees
						shall adhere to the following principles in the provision of electric
						generation service:
(a) A licensee
					 shall provide accurate information about their electric generation services
					 using plain language and common terms in communications with consumers. When
					 new terms are used, the terms shall be defined again using plain language.
					 Information shall be provided in a format that enables customers to compare the
					 various electric generation services offered and the prices charged for each
					 type of service.
(b) A licensee
					 shall respond to reasonable consumer requests for information regarding energy
					 sources by percentage, and plant emissions of its electric generation
					 supply.
(c) A licensee shall
					 provide notification of change in conditions of service, intent to cease
					 operation as an electric generation supplier, explanation of denial of service,
					 proper handling of deposits and proper handling of complaints in accordance
					 with this title.
(d) A licensee
					 shall maintain the confidentiality of a consumer's personal information
					 including the name, address and telephone number, and historic payment
					 information, and provide the right of access by the consumer to his own load
					 and billing information.
(e) A
					 licensee may not discriminate in the provision of electricity as to
					 availability and terms of service based on race, color, religion, national
					 origin, sex, marital status, age, receipt of public assistance income, and
					 exercise of rights under Subchapter IV of the Consumer Credit Protection Act
					 (15 U.S.C.A. §
												§
												1691-1691f), relating to Equal Credit
					 Opportunity. See 12 CFR
					 202-1-202.14 (relating to
					 equal credit opportunity Regulation B).
(f) A licensee is responsible for any
					 fraudulent deceptive or other unlawful marketing or billing acts performed by
					 the licensee, its employes, agents or representatives. Licensee shall inform
					 consumers of state consumer protection laws that govern the cancellation or
					 rescission of electric generation supply contracts. See section 7 of the Unfair
					 Trade Practices and Consumer Protection Law (73 P. S. §
												201-7).
(g) A licensee shall comply with relevant
					 Commission regulations, orders and directives that may be
					 adopted.
This section cited in 52 Pa. Code §
													54.42 (relating to license
						  suspension; license revocation); 52 Pa. Code §
													111.3 (relating to supplier
						  liability for its agent); 52 Pa. Code §
													111.5 (relating to agent
						  training); and 52 Pa. Code §
													111.12 (relating to consumer
						  protection).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter C - UNIVERSAL SERVICE AND ENERGY CONSERVATION REPORTING REQUIREMENTS › Section 54.71 - Statement of purpose and policy

Current through Register Vol. 54, No. 28, July 13, 2024
Section 2804(9) of the code (relating to standards for
						restructing of electric industry) mandates that the Commission ensure universal
						service and energy conservation policies, activities and services for
						residential electric customers are appropriately funded and available in each
						EDC territory. This subchapter requires covered EDCs to establish uniform
						reporting requirements for universal service and energy conservation policies,
						programs and protections and to report this information to the
						Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter C - UNIVERSAL SERVICE AND ENERGY CONSERVATION REPORTING REQUIREMENTS › Section 54.73 - Universal service and energy conservation program goals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will determine if the EDC
					 meets the goals of universal service and energy conservation
					 programs.
(b) The general goals of
					 universal service and energy conservation programs include the following:
(1) To protect consumers' health and safety
					 by helping low-income customers maintain electric service.
(2) To provide for affordable electric
					 service by making available payment assistance to low-income
					 customers.
(3) To assist low-income
					 customers conserve energy and reduce residential utility bills.
(4) To establish universal service and energy
					 conservation programs are operated in a cost-effective and efficient
					 manner.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter C - UNIVERSAL SERVICE AND ENERGY CONSERVATION REPORTING REQUIREMENTS › Section 54.74 - Universal service and energy conservation plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Plan submission.
(1) Each EDC shall submit to the Commission
					 for approval an updated universal service and energy conservation plan every 3
					 years beginning February 28, 2000, on a staggered schedule.
(2) The plan should cover the next 3-calendar
					 years.
(3) The plan should state
					 how it differs from the previously approved plan.
(4) The plan should include revisions based
					 on analysis of program experiences and evaluations.
(5) If the Commission rejects the plan, the
					 EDC shall submit a revised plan under the order rejecting or directing
					 modification of the plan as previously filed. If the order rejecting the plan
					 does not state a timeline, the EDC shall file its revised plan within 45 days
					 of the entry of the order.
(6) The
					 Commission will act on the plans within 90 days of the EDC filing
					 date.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter C - UNIVERSAL SERVICE AND ENERGY CONSERVATION REPORTING REQUIREMENTS › Section 54.75 - Annual residential collection universal service and energy conservation program reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Each EDC shall report annually to the Commission on the
						degree to which universal service and energy conservation programs within its
						service territory are available and appropriately funded. Annual EDC reports
						shall contain information on programs and collections for the prior calendar
						year. Unless otherwise stated, the report shall be due April 1 each year,
						beginning April 1, 2001. Where noted, the data shall be reported by
						classification of accounts. Each EDC's report shall contain the following
						information:
(1) Collection reporting
					 shall be categorized as follows:
(i) The total
					 number of payment arrangements and the total number of successful payment
					 arrangements. To ensure that successful payment arrangements are not
					 overstated, EDCs should report on the calendar year prior to the reporting
					 year.
(ii) Annual collection
					 operating expenses by classification of accounts. Collection operating expenses
					 include administrative expenses associated with termination activity,
					 negotiating payment arrangements, budget counseling, investigation and
					 resolving informal and formal complaints associated with payment arrangements,
					 securing and maintaining deposits, tracking delinquent accounts, collection
					 agencies' expenses, litigation expenses other than Commission related, dunning
					 expenses and winter survey expenses.
(iii) The total dollar amount of the gross
					 residential write-offs and total dollar amount of the net residential
					 write-offs, by classification of accounts.
(iv) The total number of residential
					 customers by month for the 12 months covered by the report, by classification
					 of accounts.
(v) The total number
					 of residential accounts in arrears by month for the 12 months covered by the
					 report, by classification of accounts.
(vi) The total dollar amount of residential
					 accounts in arrears by month for the 12 months covered by the report, by
					 classification of accounts.
(vii)
					 The total number of residential customers who are payment troubled by month for
					 the 12 months covered by the report, by classification of accounts.
(viii) The total number of terminations
					 completed by month for the 12 months covered by the report, by classification
					 of accounts.
(ix) The total number
					 of reconnections by month for the 12 months covered by the report, by
					 classification of accounts.
(x) The
					 total number of low-income households. EDCs may estimate this number using
					 census data or other information the EDC finds appropriate.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter C - UNIVERSAL SERVICE AND ENERGY CONSERVATION REPORTING REQUIREMENTS › Section 54.76 - Evaluation reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each EDC shall have an independent
					 third-party conduct an impact evaluation of its universal service and energy
					 conservation programs and provide a report of findings and recommendations to
					 the Commission and EDC.
(b) The
					 first impact evaluation will be due beginning October 31, 2002, on a staggered
					 schedule. Subsequent evaluation reports shall be presented to the EDC and the
					 Commission at no more than 6 year intervals.
(c) To ensure an independent evaluation,
					 neither the EDC nor the Commission shall exercise control over content or
					 recommendations contained in the independent evaluation report. The EDCs may
					 provide the Commission with a companion report that expresses where they agree
					 or disagree with independent evaluation report content or
					 recommendations.
(d) An independent
					 third-party evaluator shall conduct the impact evaluation.
This section cited in 52 Pa. Code §
													54.77 (relating to electric
						  distribution companies with less than 60,000 residential accounts); and 52 Pa.
						  Code §
													69.265 (relating to CAP design
						  elements).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter C - UNIVERSAL SERVICE AND ENERGY CONSERVATION REPORTING REQUIREMENTS › Section 54.77 - Electric distribution companies with less than 60,000 residential accounts

Current through Register Vol. 54, No. 28, July 13, 2024
Beginning March 1, 2000, each EDC with less than 60,000
						accounts shall report to the Commission every 3 years the following information
						in lieu of §
											§
											54.74-54.76 (relating to universal
						service and energy conservation plans; annual residential collection and
						universal service and energy conservation program reporting requirements; and
						evaluation reporting requirements):
(1) The universal service and energy
					 conservation plan.
(2) Expenses
					 associated with low-income customers.
(3) A description of the universal service
					 and energy conservation services provided to low-income residential
					 customers.
(4) The number of
					 services or benefits provided to low-income residential customers.
(5) The dollar amount of services or benefits
					 provided to low-income residential customers.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter C - UNIVERSAL SERVICE AND ENERGY CONSERVATION REPORTING REQUIREMENTS › Section 54.78 - Public information

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will annually produce a summary report on
						the universal service performance of each EDC using the statistics collected as
						a result of these reporting requirements. The reports will be public
						information. The Commission will provide the reports to any interested party
						and post the reports on the Commission's Internet Website.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter D - ADJUSTMENT OF ELECTRIC DISTRIBUTION COMPANY RATES FOR CHANGES IN STATE TAX LIABILITY › Section 54.91 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter implements Chapter 28 of the code
						(relating to Electricity Generation Customer Choice and Competition Act)
						governing adjustments to the rates of an EDC to reflect changes in its State
						tax liability. This subchapter establishes the time, manner, form and
						information content of the filings required by an EDC seeking recovery of
						changes in its State tax liability. This subchapter also establishes
						specialized procedures to supplement existing procedures relating to public
						utility rate changes. Finally, this subchapter establishes the effective dates
						of relevant EDC rate adjustments and the applicable customer notification
						requirements for these adjustments.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter D - ADJUSTMENT OF ELECTRIC DISTRIBUTION COMPANY RATES FOR CHANGES IN STATE TAX LIABILITY › Section 54.92 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
CTC-Competitive transition charge
-The
						competitive transition charge as defined in section 2803 of the code (relating
						to definitions).
Code
-The Public Utility Code,
						66 Pa.C.S. §
												§
												101-3316.
Customer
-A retail electric customer as
						defined in section 2803 of the code.
Department
-The Department of Revenue of
						the Commonwealth.
EDC-Electric distribution company
-An EDC
						as defined in section 2803 of the code.
Electric generation supplier
or
electricity supplier
-An electric generation supplier or an
						electricity supplier as defined in section 2803 of the code.
ITC-Intangible transition charge
-The
						intangible transition charge as defined in section 2812(g) of the code
						(relating to approval of transition bonds).
Rate cap
or
price
						cap
-The limits on the allowable charges of an EDC, and the exceptions
						and exclusions from these limits, as prescribed by section 2804(4) of the code
						(relating to standards for restructuring of electric industry).
RNR-Revenue neutral
						reconciliation
-Section 2810 of the code (relating to revenue-neutral
						reconciliation).
STAS-State tax adjustment surcharge
-The
						State tax adjustment surcharge as defined in §
											69.51 (relating to
						definitions).
Transition
or
stranded
						costs
-The transition or stranded costs as defined in section 2803 of
						the code.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter D - ADJUSTMENT OF ELECTRIC DISTRIBUTION COMPANY RATES FOR CHANGES IN STATE TAX LIABILITY › Section 54.93 - Manner of filing

Current through Register Vol. 54, No. 28, July 13, 2024
Each proposed change in rates in this subchapter shall be
						perfected in accordance with §
											53.51(c)
						(relating to general) and shall be served in accordance with §
											53.51(d).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter D - ADJUSTMENT OF ELECTRIC DISTRIBUTION COMPANY RATES FOR CHANGES IN STATE TAX LIABILITY › Section 54.94 - Recovery of changes in State tax liability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will permit an EDC to
					 recover from customers changes in its State tax liability arising from sections
					 2806(g), 2809(c) and 2810 of the code (relating to implementation, pilot
					 programs and performance-based rates; requirements for electric generation
					 suppliers; and revenue-neutral reconciliation) and §
											§
											69.51-69.56 (relating to inclusion of
					 State taxes and gross receipts taxes in base rates) to the extent that the
					 resulting rates do not exceed the rate or price cap.
(b) An EDC seeking recovery of changes in its
					 State tax liability under this section shall provide the following information
					 to the Commission:
(1) A description of the
					 surcharge proposed by the EDC, and a statement of reasons for the proposed rate
					 change.
(2) A statement that the
					 surcharge becomes effective for service rendered beginning 60 days after the
					 filing of the tariffs or tariff supplements.
(3) If applicable, the calculations
					 supporting the amount of its tax liability arising from the RNR.
(4) If applicable, the amount of payments
					 under sections 2806(g) and 2809(c) of the code for the immediately preceding
					 12-month period ending on June 30, plus interest accrued at 6% per year from
					 the time of payment until the time the payments are reflected in customer
					 rates, supported by a copy of the notification received from the Department
					 assessing these taxes and related interest.
(5) If applicable, an affidavit which states
					 that the EDC has not recovered the taxes through tariff indemnification tariff
					 provisions or other means, and that the Department has assessed the
					 taxes.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter D - ADJUSTMENT OF ELECTRIC DISTRIBUTION COMPANY RATES FOR CHANGES IN STATE TAX LIABILITY › Section 54.95 - Recovery of RNR tax liability producing rates above the rate cap

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An EDC
					 proposing to increase its rates above the rate cap due to the RNR shall file a
					 single issue rate proceeding under section 1308(a) of the code (relating to
					 voluntary changes in rates).
(b)
					 The EDC's filing provides information which enables the Commission to determine
					 if the filing is an accurate claim for the amount of its tax liability arising
					 from the RNR and whether recovery of its RNR tax liability causes the resulting
					 rates to exceed the rate cap.
(c)
					 Within 30 days of receiving the Department's notice of the change in the
					 applicable tax rate established by the RNR, an EDC proposing to increase its
					 rates as described in this section shall provide the following information to
					 the Commission:
(1) A statement that the
					 reason for the proposed rate increase is to permit the EDC to recover that
					 portion of its RNR tax liability that produces rates above the rate
					 cap.
(2) A proof of revenue
					 calculation by rate class demonstrating the impact of the proposed rate
					 increase upon each class of customers. The EDC shall, at a minimum, show both
					 the dollar and percentage change being proposed for each tariffed
					 rate.
(3) A description of the
					 surcharge for recovering the increased tax liability.
(4) A notice that the surcharge becomes
					 effective 60 days from the date the EDC files the proposed rate
					 increase.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter D - ADJUSTMENT OF ELECTRIC DISTRIBUTION COMPANY RATES FOR CHANGES IN STATE TAX LIABILITY › Section 54.96 - Recovery of sections 2806(g) and 2809(c) tax liability producing rates above the rate cap

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
					 will permit an EDC to recover, through its State Tax Adjustment Surcharge or
					 other appropriate mechanism, changes in its State tax liability and related
					 interest under sections 2806(g) and 2809(c) of the code (relating to
					 implementation, pilot programs and performance-based rates; and requirements
					 for electric generation suppliers) when that recovery produces rates above the
					 rate cap, upon certification by affidavit that the following apply:
(1) The EDC has not recovered the taxes due
					 pursuant to its tariff indemnification provisions.
(2) The Department has not collected the
					 taxes due under the other means set forth in sections 2806(g)(3)(iii) and
					 2809(c)(2).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter D - ADJUSTMENT OF ELECTRIC DISTRIBUTION COMPANY RATES FOR CHANGES IN STATE TAX LIABILITY › Section 54.97 - State tax adjustment surcharge

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Surcharge calculation
. Every EDC subjected to new or increased
					 State taxes under sections 2806(g), 2809(c) and 2810 of the code (relating to
					 implementation, pilot programs and performance-based rates; requirements for
					 electric generation suppliers; and revenue-neutral reconciliation) and §
											§
											69.51-69.56 (relating to inclusion of
					 State taxes and gross receipts taxes in base rates) that proposes to modify its
					 STAS to recover these taxes shall include the following information in its
					 surcharge calculation:
(1) The amounts paid
					 under sections 2806(g) and 2809(c) for the immediately preceding 12-month
					 period ending on June 30, plus interest accrued at 6% per year from the time of
					 payment until the time the payments are reflected in customer rates. The EDC
					 shall also provide an affidavit that it has not recovered these taxes under the
					 other means in sections 2806(g)(3)(iii) and 2809(c)(2) of the code.
(2) Adjustments to the gross receipts tax
					 rate pursuant to the RNR.
(3) When
					 applicable, paragraphs (1) and (2) shall be added to any other amounts
					 recoverable under the STAS.
(4) The
					 total of paragraph (3) divided by a factor which is the complement of the Gross
					 Receipts Tax (GRT) rate (1 minus the GRT rate), adjusted by the RNR to the
					 extent that recovery is approved by the Commission under section 2804(16) of
					 the code (relating to standards for restructuring of electric
					 industry).
(5) The quotient of
					 paragraph (4) divided by gross intrastate operating revenues derived from
					 service under rates subject to the jurisdiction of the Commission for the most
					 recently completed calendar year, exclusive of the revenues produced by the
					 surcharge permitted by subsection (a). This quotient shall be expressed as a
					 percentage.
(2) If the EDC
					 increased or decreased its rates under the Commission's jurisdiction during or
					 after the most recently completed calendar year, it shall include in its
					 computation the appropriate adjustments to paragraphs (1)-(5), as if the
					 increased or decreased rates had been in effect for all of that calendar
					 year.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 54 - ELECTRICITY GENERATION CUSTOMER CHOICE › Subchapter D - ADJUSTMENT OF ELECTRIC DISTRIBUTION COMPANY RATES FOR CHANGES IN STATE TAX LIABILITY › Section 54.98 - Customer notice requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An EDC
					 proposing to increase its rates under §
											54.94 or §
											54.96 (relating to recovery of
					 changes in State tax liability; and recovery of sections 2806(g) and 2809(c)
					 tax liability producing rates above the rate cap) shall provide customer notice
					 as provided in §
											53.45(g)
					 (relating to public notice of new tariffs and tariff changes).
(b) An EDC proposing to increase its rates
					 under §
											54.95 (relating to recovery of RNR
					 tax liability producing rates above the rate cap) shall provide customer notice
					 and follow the tariff posting procedures in §
											§
											53.41-53.45 (relating to posting of
					 tariffs and notices).