reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › PENNVEST LOAN OBLIGATIONS FOR WATER AND SEWER COMPANIES-STATEMENT OF POLICY › Section 69.363 - Treatment of PENNVEST obligations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Water and wastewater companies with
					 outstanding PENNVEST obligations that have not been reflected in rates or
					 future PENNVEST obligations, may establish under
					 66 Pa.C.S. §
												1307(a) (relating to sliding
					 scale of rates; adjustments) an automatic adjustment by means of a sliding
					 scale of rates or other method limited solely to recovery of the company's
					 PENNVEST principal and interest obligations.
(b) Filings for relief under
					 66 Pa.C.S. §
												1307(a), may occur prior to
					 DER inspection and should be submitted to the Commission 60-90 days prior to
					 the first anticipated principal and interest payment.
(c) Companies are encouraged to provide
					 notice to customers of the request for a PENNVEST increase by means of a
					 sliding scale of rates or other method for the automatic adjustment of rates by
					 bill insert to begin no less than 60 days prior to the effective
					 date.
(d) Rate recovery under a
					 66 Pa.C.S. §
												1307(a) PENNVEST automatic
					 adjustment by means of a sliding scale of rates or other method may be approved
					 only after the receipt of the following:
(i)
					 DEP inspection.
(ii) Final PENNVEST
					 amortization schedule.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › PENNVEST LOAN OBLIGATIONS FOR WATER AND SEWER COMPANIES-STATEMENT OF POLICY › Section 69.364 - Comparison to 66 Pa.C.S.Section 1308 (relating to voluntary changes in rates) filings

Current through Register Vol. 54, No. 28, July 13, 2024
Other expenses incurred by the water company, for
						example, additional operating and maintenance expenses and depreciation,
						association with the DER-approved project, should be evaluated in a separate
						Section 1308 proceeding.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › CONSTRUCTION WORK IN PROGRESS › Section 69.371 - Ratemaking treatment of construction work in progress (CWIP)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When exercising
					 its discretion to include in a utility's rate base the utility's investment in
					 CWIP not completed and placed in public service as of the date new base rates
					 become effective, the Commission will consider whether the CWIP projects are
					 the following:
(1) Reasonably identifiable as
					 nonrevenue producing.
(2)
					 Reasonably identifiable as nonexpense reducing.
(3) Reasonably shown to be necessary to
					 improve environmental conditions or safety at existing facilities, or required
					 to convert facilities to the utilization of coal.
(4) Reasonably certain to be completed within
					 the first 6 months the new base rates will be in effect.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › MEDIATION PROCESS › Section 69.391 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
					 encourages parties to seek negotiated settlements of contested proceedings in
					 lieu of incurring the time, expense and uncertainty of litigation. To further
					 promote the goal of obtaining negotiated settlements in the public interest,
					 the Commission has adopted guidelines that offer the parties, in certain
					 contested proceedings, the option of mediation.
(b) Mediation is intended to be a flexible
					 program designed to facilitate the amicable resolution of disputes between
					 parties. The Office of Administrative Law Judge (OALJ) manages the mediation
					 program.
This section cited in 52 Pa. Code §
													63.222 (relating to expedited
						  process for resolution of migration disputes between service
						  providers).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › MEDIATION PROCESS › Section 69.392 - Availability of mediation process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Mediation
. Mediation is available to parties in all contested
					 proceedings, or proceedings which could be contested, when the proceeding
					 qualifies for mediation. A proceeding qualifies for mediation when mediation is
					 deemed appropriate by the Office of Administrative Law Judge (OALJ).
(b)
Requesting mediation
.
(1) Parties may request mediation, prior to
					 the commencement of a proceeding, by sending a letter request to the Mediation
					 Coordinator of OALJ, and a copy of the request to the Secretary of the
					 Commission.
(2) Parties may request
					 mediation in their pleadings.
(3)
					 Parties may request mediation during the course of a proceeding.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › MEDIATION PROCESS › Section 69.393 - Assignment and role of mediator

Current through Register Vol. 54, No. 28, July 13, 2024
If the Commission assigns a case for mediation, or OALJ
						determines that a case should go forward with mediation, OALJ will assign a
						mediator to the proceeding. The mediator's role will be to facilitate
						settlement of the contested issues between, or among, the parties, as opposed
						to rendering a decision.
This section cited in 52 Pa. Code §
													63.222 (relating to expedited
						  process for resolution of migration disputes between service
						  providers).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › MEDIATION PROCESS › Section 69.394 - Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
					 Commission assigns a case for mediation, or the Office of Administrative Law
					 Judge (OALJ) determines that a proceeding should go forward with mediation, the
					 parties will be notified of the time, date, and place of the mediation session,
					 as well as the name, address, and telephone number of the mediator.
(b) If the OALJ determines that the
					 proceeding should not be set for mediation, the parties will be notified of
					 this as well as the procedure to be used in lieu of mediation.
This section cited in 52 Pa. Code §
													63.222 (relating to expedited
						  process for resolution of migration disputes between service
						  providers).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › MEDIATION PROCESS › Section 69.395 - Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For cases in
					 which hearings must be commenced within 90 days, a party's request for
					 mediation shall be construed as a waiver of that requirement.
(b) The participants in a mediation
					 proceeding must agree to abide by mediation rules and procedures established by
					 the Office of Administrative Law Judge. Failure to abide by these rules and
					 procedures, following commencement of mediation, could lead to the termination
					 of the mediation.
This section cited in 52 Pa. Code §
													63.222 (relating to expedited
						  process for resolution of migration disputes between service
						  providers).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › MEDIATION PROCESS › Section 69.396 - Conclusion of mediation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an
					 agreement is reached in a formal complaint proceeding, the complaint may be
					 withdrawn, unless otherwise provided for by law or regulation.
(b) When appropriate, the mediator should
					 submit a report to an administrative law judge, or the Commission. The report
					 will describe only the procedural background and the result of the
					 mediation.
This section cited in 52 Pa. Code §
													63.222 (relating to expedited
						  process for resolution of migration disputes between service
						  providers).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › MEDIATION PROCESS › Section 69.397 - Flexibility

Current through Register Vol. 54, No. 28, July 13, 2024
To ensure maximum flexibility, the rules and procedures
						used in mediation are subject to modification as deemed appropriate to
						facilitate a resolution of a dispute.
This section cited in 52 Pa. Code §
													63.222 (relating to expedited
						  process for resolution of migration disputes between service
						  providers).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › SETTLEMENT GUIDELINES AND PROCEDURES FOR MAJOR RATE CASES-STATEMENT OF POLICY › Section 69.401 - General

Current through Register Vol. 54, No. 28, July 13, 2024
In the Commission's judgment, the results achieved from a
						negotiated settlement or stipulation, or both, in which the interested parties
						have had an opportunity to participate are often preferable to those achieved
						at the conclusion of a fully litigated proceeding. It is also the Commission's
						judgment that the public interest will benefit by the adoption of §
											§
											69.402-69.406 and this section which
						establish guidelines and procedures designed to encourage full and partial
						settlements as well as stipulations in major section 1308(d) general rate
						increase cases. A partial settlement is a comprehensive resolution of all
						issues in which less than all interested parties have joined. A stipulation is
						a resolution of less than all issues in which all or less than all interested
						parties have joined.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › SETTLEMENT GUIDELINES AND PROCEDURES FOR MAJOR RATE CASES-STATEMENT OF POLICY › Section 69.402 - Prefiling notice guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A public utility which intends to file a general rate increase request of $1
					 million or more should provide by letter and certificate of service 30 days
					 advance notice of the rate filing to the following:
(1) The Secretary's Bureau, the Office of
					 Special Assistants (OSA) and the Office of Administrative Law Judge.
(2) The customary parties to its prior base
					 rate proceedings, which are deemed to include the Office of Trial Staff, the
					 Office of Consumer Advocate, the Office of Small Business Advocate, as well as
					 any party in the utility's last base rate proceeding who filed a brief or
					 exceptions.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › SETTLEMENT GUIDELINES AND PROCEDURES FOR MAJOR RATE CASES-STATEMENT OF POLICY › Section 69.403 - Prefiling discovery guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The customary parties are encouraged to
					 staff a rate filing with sufficient attorneys and technicians to quickly and
					 effectively engage in thorough discovery within the first 60 days of the
					 filing. This approach permits parties to prepare for the informal discovery
					 conference. Absent good cause, the presiding Administrative Law Judge (ALJ)
					 will restrict discovery of the utility following the informal discovery
					 conference to specific inquiries not appropriately asked at an earlier date.
					 Following the conference, each party should begin preparation of a litigation
					 position to be presented by the second prehearing conference.
(b) A public utility which is requesting a
					 general rate increase of $1 million or more is encouraged to file
					 contemporaneously with its rate request, answers to a standard set of
					 industry-specific data requests provided by the Office of Special Assistants.
(1) A utility which objects to any of the
					 standard data requests may petition the presiding ALJ-or Chief ALJ if an ALJ
					 has not been assigned to the case-for permission to depart from answering the
					 data requests, setting forth the reasons for the request.
(2) Failure of the utility to file answers to
					 the standard data requests contemporaneously with its rate filing severely
					 impedes the settlement process. In addition to appropriate sanctions, the
					 presiding ALJ will consider the utility's efforts to provide timely responses
					 to determine whether additional time for settlement negotiations should be
					 granted. Appropriate sanctions may include postponing or cancelling the second
					 prehearing conference contemplated in §
												69.405(b)
					 (relating to ALJ case management procedures).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › SETTLEMENT GUIDELINES AND PROCEDURES FOR MAJOR RATE CASES-STATEMENT OF POLICY › Section 69.404 - OSA staff review procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 If suspension of a general rate increase of $1 million or more is appropriate,
					 the Commission, whenever possible, will initiate the rate investigation 30 days
					 following the filing, rather than using the full 60 days provided for by
					 statute. However, if the Office of Special Assistants (OSA) believes it needs
					 the full 60-day review period to determine whether a matter should be
					 investigated, the entire period will be utilized.
(b) For general rate increases of less than
					 $1 million, OSA will, during the initial 60-day review period, engage in
					 discussions with the utility and potential complainants, as may be appropriate,
					 to determine whether an acceptable resolution of the issues can be achieved to
					 avoid a formal complaint and suspension of the filing. OSA will contact the
					 parties to the utility's last general increase rate case and consult with the
					 Bureau of Consumer Services in an effort to identify potential complainants.
					 Once a formal complaint is filed, OSA will terminate these discussions and
					 proceed with preparation of a report and order for public meeting.
This section cited in 52 Pa. Code §
													69.401 (relating to
						  general).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › SETTLEMENT GUIDELINES AND PROCEDURES FOR MAJOR RATE CASES-STATEMENT OF POLICY › Section 69.405 - ALJ case management procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Seventy to 75 days following the general
					 rate case filing, an initial prehearing conference will be held by the
					 presiding Administrative Law Judge (ALJ) for scheduling purposes.
(1) For general rate proceedings involving
					 amounts of $1 million or more, the parties will follow the procedures for
					 filing written testimony and scheduling hearings outlined in the Commission's
					 regulations, or as otherwise directed by the presiding ALJ.
(2) For general rate proceedings involving
					 amounts of $1 million or less, absent good cause shown, the parties will file
					 all written utility direct, intervenor direct, rebuttal and surrebuttal
					 testimony sequentially. After the submission of the written testimony, one set
					 of hearings will be held at which the witnesses are cross-examined. Requests to
					 depart from this procedure will be submitted to the presiding ALJ-or the Chief
					 ALJ if an ALJ has not been assigned-30 days before the prefiled testimony would
					 otherwise be due.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › SETTLEMENT GUIDELINES AND PROCEDURES FOR MAJOR RATE CASES-STATEMENT OF POLICY › Section 69.406 - Review of full and partial settlements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Objections to a settlement of the issues
					 in a general rate increase proceeding should be filed within 10 days of the
					 date the settlement is filed with the ALJ. The ALJ will issue a recommended
					 decision regarding the settlement or stipulation within 21 days or less of the
					 deadline for filing objections. Parties objecting to a proposed settlement or
					 stipulation are encouraged to set forth facts, affidavits, argument and
					 relevant legal analysis and, if desired, a specific request to continue to
					 litigate. A request to litigate should be supported by appropriate information
					 and legal argument concerning the implications of denial of a continued
					 opportunity to litigate the matter in lieu of settlement.
(b) Exceptions to the ALJ's recommended
					 decision will be filed within 7 days after the date the recommended decision is
					 issued. Unless otherwise permitted by the Commission, reply exceptions will not
					 be accepted.
(c) If only a
					 stipulation of certain general rate increase issues is achieved, the ALJ will
					 provide for an expedited schedule for hearing and briefing of the non-settled
					 issues. The Commission will also provide for an expedited schedule for the
					 filing of exceptions and review of the ALJ's recommended decision.
This section cited in 52 Pa. Code §
													69.401 (relating to
						  general).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › RESIDUAL RATEMAKING FOR AVERAGE SCHEDULE TELEPHONE COMPANIES › Section 69.501 - Average schedule telephone companies; residual ratemaking-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background.
In lieu of employing the FCC Part 36 cost
					 allocation manual to develop interstate revenues, expenses and investment, an
					 average schedule telephone company uses generalized industry data to estimate
					 its interstate costs. For intrastate ratemaking purposes, the residual
					 ratemaking methodology assumes that the intrastate revenue requirement is equal
					 to the company's total revenue requirement less revenues deemed by the average
					 schedule to be interstate.
(b)
Treatment of costs.
To determine the intrastate cost of
					 service for average schedule telephone companies and their intrastate results
					 of operations and return, the costs reimbursed pursuant to the National
					 Exchange Carrier Association (NECA) average schedule tariff should be deducted
					 from each company's total body of costs. This would be the appropriate way to
					 assure consistency betweenthe state/interstate cost allocation factors implicit
					 in the use of average schedule tariffs and the state/interstate cost allocation
					 factors based on the FCC's Part 36 cost allocation manual.
(c)
Policy.
For average
					 schedule telephone companies, the Commission's current ratemaking policy and
					 practice for financial reporting purposes will be based upon use of the
					 residual ratemaking method. Whether or not this method will be used to set
					 intrastate rates for any individual average schedule telephone company will be
					 determined only after notice and opportunity to be heard in accordance with
					 law.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › RESIDUAL RATEMAKING FOR AVERAGE SCHEDULE TELEPHONE COMPANIES › Section 69.511-69.513 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › SMALL DRINKING WATER SYSTEM-STATEMENT OF POLICY › Section 69.701 - Viability of small water systems

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
(1) Many small
					 water systems in this Commonwealth are not viable and need to be restructured.
					 Most new water systems being created in this Commonwealth are small and are
					 likely candidates for becoming nonviable.
(2) A viable water system is one which is
					 self-sustaining and has the commitment and financial, managerial and technical
					 capabilities to reliably meet Commission and Department of Environmental
					 Resources (Department) requirements on a long-term basis.
(3) It shall be the objective of the
					 Commission and the Department to work closely together and with other agencies
					 and organizations involved in safe drinking water programs to substantially
					 restrict the number of nonviable drinking water systems by discouraging the
					 creation of new nonviable small systems, and at the same time, encourage the
					 restructuring of existing nonviable small systems.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › SMALL NONVIABLE WATER AND WASTEWATER SYSTEMS-STATEMENT OF POLICY › Section 69.711 - Acquisition incentives

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. To accomplish the goal of increasing the number of
					 mergers and acquisitions to foster regionalization, the Commission will
					 consider the acquisition incentives in subsection (b). The following parameters
					 shall first be met in order for Commission consideration of a utility's
					 proposed acquisition incentive. It should be demonstrated that:
(1) The acquisition serves the general public
					 interest.
(2) The acquiring utility
					 meets the criteria of viability that will not be impaired by the acquisition;
					 that it maintains the managerial, technical and financial capabilities to
					 safely and adequately operate the acquired system, in compliance with 66
					 Pa.C.S. (relating to the Public Utility Code), the Pennsylvania Safe Drinking
					 Water Act (35 P. S. §
													§
													721.1-721.17) and other requisite regulatory
					 requirements on a short and long-term basis.
(3) The acquired system has less than 3,300
					 customer connections; the acquired system is not viable; it is in violation of
					 statutory or regulatory standards concerning the safety, adequacy, efficiency
					 or reasonableness of service and facilities; and that it has failed to comply,
					 within a reasonable period of time, with any order of the Department of
					 Environmental Protection or the Commission.
(4) The acquired system's ratepayers should
					 be provided with improved service in the future, with the necessary plant
					 improvements being completed within a reasonable period of time.
(5) The purchase price of the acquisition is
					 fair and reasonable and the acquisition has been conducted through arm's length
					 negotiations.
(6) The concept of
					 single tariff pricing should be applied to the rates of the acquired system, to
					 the extent that it is reasonable. Under certain circumstances of extreme
					 differences in rates, or of affordability concerns, consideration should be
					 given to a phase-in of the rate difference over a reasonable period of
					 time.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › DIVERSITY AT MAJOR JURISDICTIONAL UTILITIES AND MAJOR TELECOMMUNICATIONS UTILITIES-STATEMENT OF POLICY › Section 69.801 - General

Current through Register Vol. 54, No. 28, July 13, 2024
From a business perspective, diversity should be
						associated with a public utility's business objectives and strategies.
						Diversity is an economic reality that public utilities should include in their
						corporate strategies now and in the future. The Commission encourages major
						jurisdictional utilities and major telecommunications utilities operating in
						this Commonwealth to incorporate diversity in their business strategy in
						connection with the procurement of goods and services. Major telecommunications
						utilities are further encouraged to file diversity reports in the same format
						as major jurisdictional utilities are directed in 52 Pa. Code §§
						51.11-51.13 (relating to diversity).
The provisions of this §
													69.801 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  505,
						  506 and
						  512.
This section cited in 52 Pa. Code §
													51.11 (relating to general); 52
						  Pa. Code §
													51.12 (relating to definitions);
						  52 Pa. Code §
													69.802 (relating to definitions
						  for reporting employee statistics); and 52 Pa. Code §
													69.802a (relating to definitions
						  for reporting vendor statistics).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › DIVERSITY AT MAJOR JURISDICTIONAL UTILITIES AND MAJOR TELECOMMUNICATIONS UTILITIES-STATEMENT OF POLICY › Section 69.802 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
					 words and terms, when used in §§
											69.801-69.809, have the following
					 meanings:
Long-term plan
-A plan applicable to a
						period of 5 years.
MIL-minimum improvement level
-A level or
						goal which, when achieved, indicates progress in a preferred direction. An MIL
						is neither a requirement nor a quota, and no specific participation levels are
						intended.
Major telecommunications utility
-A
						telecommunications public utility under
						66 Pa.C.S. §
													102
						(relating to definitions) with 50,000 or more access lines.
Midterm plan
-A plan applicable to a
						period of 3 years.
Short-term plan
-A plan applicable to a
						period of 1 year.
Subcontract
-An agreement or arrangement
						between a contractor and a party or person-in which the parties do not stand in
						the relationship of an employer and an employee-for the furnishing of supplies
						or services for the use of real or personal property, including lease
						arrangements, which in whole or in part, is necessary to the performance of any
						one or more contracts.
Substantial objectives
-Objectives which
						are realistic and clearly demonstrate a major jurisdictional utility's
						commitment to increase minority/women/persons with
						disabilities/LGBTQ/veteran-owned business share of the utility's purchases and
						contracts.
(b) The following
					 terms, when used in §§
											69.801 -
					 69.809, are used as defined in
					 §
											51.12 (relating to definitions).
Asian (not Hispanic or Latino)
Black or African American (not Hispanic or
						Latino)
Diversity
Exempt procurement
Hispanic or Latino
LGBTQ-
Lesbian, gay, bisexual,
						transgender, queer and questioning
Major jurisdictional utility
MBE-
Minority-owned business
						enterprise
Minority
Native American or Alaska Native (not Hispanic or
						Latino)
Native Hawaiian or Pacific Islander (not Hispanic
						or Latino)
Person with disabilities
Two or more races (not Hispanic or
						Latino)
Veteran
WBE-
Women-owned business
						enterprise
White (not Hispanic or Latino)
The provisions of this §
													69.802 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  505,
						  506 and
						  512.
This section cited in 52 Pa. Code §
													51.11 (relating to general); 52
						  Pa. Code §
													51.12 (relating to definitions);
						  and 52 Pa. Code §
													69.802a (relating to definitions
						  for reporting vendor statistics).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › DIVERSITY AT MAJOR JURISDICTIONAL UTILITIES AND MAJOR TELECOMMUNICATIONS UTILITIES-STATEMENT OF POLICY › Section 69.802a - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													69.802a amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  505,
						  506 and
						  512.
This section cited in 52 Pa. Code §
													51.11 (relating to general); 52
						  Pa. Code §
													51.12 (relating to definitions);
						  and 52 Pa. Code §
													69.802 (relating to definitions
						  for reporting employee statistics).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › DIVERSITY AT MAJOR JURISDICTIONAL UTILITIES AND MAJOR TELECOMMUNICATIONS UTILITIES-STATEMENT OF POLICY › Section 69.803 - Guidelines for diversity development

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission encourages major jurisdictional utilities
						and major telecommunications utilities to implement diversity programs. This
						effort may include the following:
(1)
					 The articulation of a corporate policy by the senior executives of the major
					 jurisdictional utility and the major telecommunications utility committing it
					 to improving its level of diversity in the workplace and within its procurement
					 process.
(2) The development and
					 implementation of a corporate-wide diversity program with specified goals and
					 objectives for each year.
(3) The
					 appointment of utility managers to be responsible for the success of the
					 program.
(4) The training of
					 managers regarding implementing diversity initiatives in the areas of
					 employment and contracting for goods and services.
(5) The location of qualified
					 minority/women/persons with disabilities/LGBTQ/veteran-owned business
					 contractors and mentoring, partnering and training qualified
					 women/minority/persons with disabilities/LGBTQ/veteran-owned businesses
					 contractors to serve the needs of the major jurisdictional utility and the
					 major telecommunications utility.
The provisions of this §
													69.803 amended undet the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  505,
						  506 and
						  512.
This section cited in 52 Pa. Code §
													51.11 (relating to general); 52
						  Pa. Code §
													51.12 (relating to definitions);
						  52 Pa. Code §
													69.802 (relating to definitions
						  for reporting employee statistics); and 52 Pa. Code §
													69.802a (relating to definitions
						  for reporting vendor statistics).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › DIVERSITY AT MAJOR JURISDICTIONAL UTILITIES AND MAJOR TELECOMMUNICATIONS UTILITIES-STATEMENT OF POLICY › Section 69.804 - Contracting recommendations

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission recommends that major jurisdictional
						utilities and major telecommunications utilities strive to take maximum efforts
						to provide that minority/women/ persons with disabilities/LGBTQ/veteran-owned
						businesses have an equal opportunity to compete for the purchase of equipment,
						supplies, services, fuels, materials, construction, professional services,
						advertising, and the like. The Commission encourages each major jurisdictional
						utility and each major telecommunications utility to develop a diversity
						program which is designed to provide that a fair proportion of products and
						services contracts are offered to minority/women/persons with
						disabilities/LGBTQ/veteran-owned businesses. It is recommended that each major
						jurisdictional utility and each major telecommunications utility adopt the
						general guidelines in §§
											69.805-69.808 in the development or
						enhancement of their diversity program relative to contracting for goods and
						services.
The provisions of this §
													69.804 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  505,
						  506 and
						  512.
This section cited in 52 Pa. Code §
													51.11 (relating to general); 52
						  Pa. Code §
													51.12 (relating to definitions);
						  52 Pa. Code §
													69.802 (relating to definitions
						  for reporting employee statistics); and 52 Pa. Code §
													69.802a (relating to definitions
						  for reporting vendor statistics).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › DIVERSITY AT MAJOR JURISDICTIONAL UTILITIES AND MAJOR TELECOMMUNICATIONS UTILITIES-STATEMENT OF POLICY › Section 69.805 - Program development

Current through Register Vol. 54, No. 28, July 13, 2024
The major jurisdictional utilities and the major
						telecommunications utilities are encouraged to have an appropriate executive
						accountable for providing overall direction and guidance to the
						minority/women/persons with disabilities/LGBTQ/veteran-owned business program.
						Each major jurisdictional utility and each major telecommunications utility is
						invited to maintain a staff to implement program requirements concerning the
						women/ minority/persons with disabilities/LGBTQ/veteran-owned businesses. It
						may not be necessary for a major jurisdictional utility or a major
						telecommunications utility to increase its staff or to reassign existing staff
						to minority/ women/persons with disabilities/LGBTQ/veteran-owned business
						program responsibilities if the major jurisdictional utility or the major
						telecommunications utility can implement its program effectively through its
						current resource commitment and management structure.
The provisions of this §
													69.805 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  505,
						  506 and
						  512.
This section cited in 52 Pa. Code §
													51.11 (relating to general); 52
						  Pa. Code §
													51.12 (relating to definitions);
						  52 Pa. Code §
													69.802 (relating to definitions
						  for reporting employee statistics); 52 Pa. Code §
													69.802a (relating to definitions
						  for reporting vendor statistics); and 52 Pa. Code §
													69.804 (relating to contracting
						  recommendations).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › DIVERSITY AT MAJOR JURISDICTIONAL UTILITIES AND MAJOR TELECOMMUNICATIONS UTILITIES-STATEMENT OF POLICY › Section 69.806 - Minimum improvement levels

Current through Register Vol. 54, No. 28, July 13, 2024
By March 1 of each year, each major jurisdictional
						utility and each major telecommunications utility is encouraged to annually set
						substantial and verifiable short-term, midterm and long-term plans for the
						utilization of minority/women/persons with disabilities/LGBTQ/veteran-owned
						businesses. Minimum improvement levels should be set annually for each major
						product and services category which provides opportunities for
						procurement.
(1) The major
					 jurisdictional utilities and the major telecommunications utilities may
					 consider the following factors in setting their minimum improvement levels:
(i) Their total purchasing or contracting
					 projections, or both, including fees to financial (for example, financial
					 institutions, and the like), advertising, legal and professional
					 services.
(ii) Availability of
					 minority/women/persons with disabilities/LGBTQ/veteran-owned businesses in the
					 major jurisdictional utility's or the major telecommunications utility's
					 service area and surrounding communities.
(iii) Market dynamics based on historical
					 data and trends.
(iv) Other
					 appropriate factors which would increase the minority/women/persons with
					 disabilities/LGBTQ/veteran-owned businesses share of utility
					 business.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › DIVERSITY AT MAJOR JURISDICTIONAL UTILITIES AND MAJOR TELECOMMUNICATIONS UTILITIES-STATEMENT OF POLICY › Section 69.808 - External outreach

Current through Register Vol. 54, No. 28, July 13, 2024
Each major jurisdictional utility and each major
						telecommunications utility should implement an outreach program to inform, to
						recruit and to expand procurement activities to qualified and qualifiable
						businesses owned by minority/women/persons with disabilities/LGBTQ/veterans.
						Outreach activities may vary for each major jurisdictional utility and each
						major telecommunications utility depending on its size, service territory and
						specific lines of business. Each major jurisdictional utility and each major
						telecommunications utility should, at a minimum, consider implementation of the
						following:
(1) Actively seek out
					 opportunities to identify business contractors and suppliers that are owned by
					 minority/ women/persons with disabilities/LGBTQ/veterans and to expand source
					 pools.
(2) Actively support the
					 efforts of organizations experienced in promoting the interest of
					 minority/women/ persons with disabilities/LGBTQ/veteran-owned
					 businesses.
(3) Initiate business
					 development partnerships (long-term), joint ventures or venture capital
					 projects with minority/women/persons with disabilities/LGBTQ/veteran-owned
					 businesses such as outsourcing agreements of noncore utility business functions
					 when applicable to allow business expansion within the minority/women/ persons
					 with disabilities/LGBTQ/veteran-owned business community. Provide
					 technical/management support (short-term) to ensure the success of this
					 initiative.
(4) Work with
					 minority/women/persons with disabilities/ LGBTQ/veteran-owned business
					 contractors to facilitate contracting relationships by explaining utility
					 qualification requirements, bidding and contracting procedures, materials
					 requirements, invoicing and payment schedules and other procurement practices
					 and procedures.
The provisions of this §
													69.808 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  505,
						  506 and
						  512.
This section cited in 52 Pa. Code §
													51.11 (relating to general); 52
						  Pa. Code §
													51.12 (relating to definitions);
						  52 Pa. Code §
													69.802 (relating to definitions
						  for reporting employee statistics); 52 Pa. Code §
													69.802a (relating to definitons
						  for reporting vendor statistics); and 52 Pa. Code §
													69.804 (relating to contracting
						  recommendations).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › DIVERSITY AT MAJOR JURISDICTIONAL UTILITIES AND MAJOR TELECOMMUNICATIONS UTILITIES-STATEMENT OF POLICY › Section 69.809 - Major telecommunications utility filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The major telecommunications utilities
					 are encouraged to file with the Secretary of the Commission an annual report
					 describing their diversity program activity for the prior year. The annual
					 report should contain the following elements:
(1) A copy of any corporate policy committed
					 to improving diversity in the workplace and in the procurement
					 process.
(2) A description of any
					 training implemented on diversity initiatives in employment and in the contract
					 of goods and services.
(3) The
					 demographic composition of the major telecommunications utility's workforce,
					 reporting the number of employees by gender, race and ethnicity, persons with
					 disabilities, and veterans on a form provided by the Commission.
(4) A description of any diversity recruiting
					 strategies.
(5) A description of
					 any diversity promotion efforts.
(6) A description of any diversity retention
					 efforts.
(7) A brief description of
					 any involvement with organizations promoting diversity.
(8) A brief summary of MBEs/WBEs that the
					 major telecommunications utility contracts with for goods and services. Include
					 percentage of dollars spent with MBEs/ WBEs versus
					 non-MBEs/non-WBEs.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › UTILITY STOCK TRANSFER UNDER 66 PA.C.S.Section 1102(a)(3)-STATEMENT OF POLICY › Section 69.901 - Utility stock transfer under 66 Pa.C.S. section 1102(a)(3)

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background.
(1) Commission jurisdiction over the
					 acquisition or transfer of public utility property is governed by
					 66 Pa.C.S. §
													1102(a)(3) (relating to
					 enumeration of acts requiring certificate). The ambiguous language in
					 66 Pa.C.S. §
													1102(a)(3) has historically
					 caused considerable uncertainty among the Commission, its staff and the
					 industry regarding what type of transaction requires Commission approval. This
					 uncertainty has been particularly apparent regarding stock transfers which may
					 equate to the transfer of utility property.
(2) Recently, the Commission has examined
					 66 Pa.C.S. §
													1102(a)(3) and determined
					 that the transfer of stock or other voting interest of a utility's parent is
					 jurisdictional regardless of the remoteness of the transaction if the effect of
					 the transaction is to change the control of a utility.
Joint
					 Application of Commonwealth Telephone Company, et al.
,
					 A-310800,F.0006, (October 22, 1993). Furthermore, the Commission has held that
					 a transaction resulting in a change of the de facto controlling interest in a
					 utility or its parent, regardless of the tier in the corporate organization,
					 constitutes a change of control of the utility and is jurisdictional under
					 66 Pa.C.S. §
													1102(a)(3).
Joint
					 Application of Paging Network of Pittsburgh, Inc. et al.
,
					 A-330013,F.0005. In view of these Commission holdings, it is necessary to
					 further define and establish clear standards regarding what transfer of voting
					 interest constitutes a change in de facto control and thereby constitutes the
					 transfer or acquisition of utility property within the intendment of
					 66 Pa.C.S. §
													1102(a)(3).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › LOCAL LAND-USE PLANS AND ORDINANCES › Section 69.1101 - Local land-use plans and ordinances in issuing certificates of public convenience

Current through Register Vol. 54, No. 28, July 13, 2024
To further the State's goal of making State agency
						actions consistent with sound land-use planning, and under the act of June 22,
						2000 (P. L. 483, No. 67) and the act of June 23, 2000 (P. L. 495, No. 68), the
						Commission will consider the impact of its decisions upon local comprehensive
						plans and zoning ordinances. This will include reviewing applications
						for:
(1) Certificates of public
					 convenience.
(2) Siting electric
					 transmission lines.
(3) Siting a
					 public utility "building" under section 619 of the Municipalities Planning Code
					 (53
					 P. S. §
												10619).
(4) Other Commission decisions.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › GUIDELINES FOR DETERMINING PUBLIC UTILITY STATUS › Section 69.1401 - Guidelines for determining public utility status-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Coverage
. This section applies to all utility projects or
					 services, including alternative energy systems.
(b)
Purpose
. This section
					 provides guidance to developers of all utility projects or services, including
					 developers of alternative energy systems under the Alternative Energy Portfolio
					 Standards Act (73 P. S. §
												§
												1648.1-1648.8), in facilitating the design of
					 projects and business plans.
(c)
Fact based determination
. The Commission will consider the
					 status of a utility project or service based on the specific facts of the
					 project or service and will take into consideration the following criteria in
					 formulating its decision:
(1) The service
					 being provided by the utility project is merely incidental to nonutility
					 business with the customers which creates a nexus between the provider and
					 customer.
(2) The facility is
					 designed and constructed only to serve a specific group of individuals or
					 entities, and others cannot feasibly be served without a significant revision
					 to the project.
(3) The service is
					 provided to a single customer or to a defined, privileged and limited group
					 when the provider reserves its right to select its customers by contractual
					 arrangement so that no one among the public, outside of the selected group, is
					 privileged to demand service, and resale of the service is prohibited, except
					 to the extent that a building or facility owner/operator that manages the
					 internal distribution system serving the building or facility supplies electric
					 power and related electric power services to occupants of the building or
					 facility. See
					 66 Pa.C.S. §
													§
													102 and
					 2803 (relating to
					 definitions).