Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 51 - GENERAL PROVISIONS › DIVERSITY › Section 51.12 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
					 words and terms, when used in §§
											51.11 and
					 51.13 (relating to general; and
					 diversity reporting requirement) and in the Commission's Diversity Policy
					 Statement at 52 Pa. Code §§
											69.801-69.809 (relating to diversity at
					 major jurisdictional utility companies- statement of policy), in the context of
					 major jurisdictional utility employees and vendors have the following meanings:
Diversity
-The attainment of
						organizational objectives by maximizing the contributions of individuals from
						every segment of the population including minorities, women, persons with
						disabilities, LGBTQ and veterans.
LGBTQ-Lesbian, gay, bisexual, transgender, queer
						and questioning
-This term also includes gender nonconforming
						individuals.
Major jurisdictional utility
-An
						electric, natural gas, water or wastewater utility whose net plant in service
						is valued at $10 million or more.
Person with disabilities
-A person who
						has a disability as defined in the Americans With Disabilities Act (ADA)
						(42 U.S.C.A. §
													12102-12213).
Veteran
-A person who meets any veteran
						category defined in 41 CFR
						61-300.2 (relating to what
						definitions apply to this part?)
(b) The following words and terms, when used
					 in §§
											51.11 and
					 51.13 in the context of major
					 jurisdictional utility employees have the following meanings:
Black
or
African American (not
						Hispanic or Latino)
-A person having origins in any of the black racial
						groups of Africa.
Asian (not Hispanic or Latino)
-A person
						having origins in any of the original peoples of the Far East, southeast Asia,
						or the Indian subcontinent, including, for example, Cambodia, China, India,
						Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand and
						Vietnam.
Hispanic
or
Latino
-A
						person of Cuban, Mexican, Puerto Rican, South or Central American, or other
						Spanish culture or origin regardless of race.
Native American
or
Alaska Native
						(not Hispanic or Latino)
-A person having origins in any of the
						original peoples of North and South America (including Central America) and who
						maintain tribal affiliation or community attachment.
Native Hawaiian
or
Pacific
						Islander (not Hispanic or Latino)
-A person having origins in any of
						the peoples of Hawaii, Guam, Samoa or other Pacific Islands.
Two or more races (not Hispanic or
						Latino)
-A person who identifies with more than one of the five races
						identified in this section.
White (not Hispanic or Latino)
-A person
						having origins in any of the original peoples of Europe, the Middle East or
						North Africa.
(c) The
					 following words and terms, when used in §§
											51.11 and
					 51.13 and in the Commission's
					 Diversity Policy Statement at 52 Pa. Code §§
											69.801-69.809, in the context of a vendor
					 with whom a major jurisdictional utility does business, have the following
					 meanings, unless the context clearly indicates otherwise:
Exempt procurement
-A product or service
						which may be removed from the dollar base used to establish minimum improvement
						levels, because of the demonstrated unavailability of a minority/women/people
						with disabilities/ LGBTQ/veteran-owned business currently capable of supplying
						a product or service. the term may also include one or more of the following
						situations:
(i) The vendor is the
					 original equipment manufacturer.
(ii) The vendor is the only known source of
					 the product or service.
(iii) A
					 plant emergency situation dictates use of a specific vendor.
(iv) The purchase is from an affiliate,
					 corporate parent, or a subsidiary.
(v) Default service procurement and
					 implementation plans under 52 Pa. Code §
												54.186 (relating to default
					 service procurement and implementation plans).
MBE-Minority-owned business enterprise
-A
						business enterprise that is at least 51% owned by a minority individual or
						group or individuals; or a publicly-owned business that has at least 51% of its
						stock owned by one or more minority individuals, and whose management and daily
						business operations are controlled by these individuals.
Minority-
Black American, Hispanic
						American, Native American, Asian-Pacific American or any other socially
						disadvantaged individual as defined in
						13 CFR
						124.103 (relating to who is socially
						disadvantaged?).
WBE-Women-owned business enterprise
-A
						business enterprise that is at least 51% owned by a woman or women; or a
						publicly owned business that has at least 51% of its stock owned by one or more
						women, and whose management and daily business operations are controlled by one
						or more women.