reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter A - SERVICE GENERALLY › Section 65.15 - Refusal to serve applicants

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Noncompliance with rules and regulations.
A public utility
					 may decline to serve an applicant until the applicant has complied with
					 Commonwealth and municipal regulations governing water service and the approved
					 rules and regulations of the utility.
(b)
Inadequate facilities of
					 utility.
A public utility may decline to serve an applicant if it does
					 not have adequate facilities to render the service desired or if such service
					 is of a character that is likely to have a detrimental effect upon service to
					 other customers.
(c)
Inadequate facilities of applicant.
A public utility may
					 refuse to serve an applicant if, in its judgment, installation of the piping to
					 the applicant is reasonably regarded as hazardous or of a character that
					 satisfactory service cannot be given.
The provisions of this §
													65.15 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														317,
						  501,
						  1301,
						  1304,
						  1501,
						  1502,
						  1504,
						  1507,
						  1508,
						  1702 and
						  1704.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter A - SERVICE GENERALLY › Section 65.16 - System of accounts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A public
					 utility having annual operating revenue of $750,000 or more (average of the
					 last 3 consecutive years) shall keep its accounts in conformity with the most
					 recent
Uniform System of Accounts for Class A Water Utilities
prescribed by the National Association of Regulatory Utility Commissioners
					 (N.A.R.U.C.).
(b) A public utility
					 having annual operating revenues of $150,000 or more but less than $750,000
					 (average of the last 3 consecutive years) shall keep its accounts in conformity
					 with the
Uniform System of Accounts for Class B Water
					 Utilities
prescribed by N.A.R.U.C.
(c) A public utility having annual operating
					 revenues of less than $150,000 (average of the last 3 consecutive years) shall
					 keep its accounts in conformity with the most recent
Uniform System of
					 Accounts for Class C Water Companies
prescribed by
					 N.A.R.U.C.
(d) Public utilities
					 subject to this section shall have until January 1, 2000, to convert to the
					 most recent
Uniform System of Accounts for Class A, Class B or Class C
					 Water Utilities
prescribed by N.A.R.U.C.
The provisions of this §
													65.16 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														317,
						  501,
						  1301,
						  1304,
						  1501,
						  1502,
						  1504,
						  1507,
						  1508,
						  1702 and
						  1704; amended under the
						  Public Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504,
						  505,
						  506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter A - SERVICE GENERALLY › Section 65.17 - Standards of design

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The design of the water plant of the utility shall
					 conform to standard acceptable engineering practices. It shall be designed so
					 as to provide reasonably adequate and safe service to its customers and shall
					 conform to the requirements of the Department of Environmental Resources which
					 concern sanitation and potability of water.
(b)
Distribution system.
The
					 distribution system shall be of adequate size and so designed in conjunction
					 with related facilities as to maintain the minimum pressures required by §
											65.6 (relating to pressures). Pipe
					 of a diameter of less than 6 inches shall not be used for distribution mains
					 except in cul-de-sacs where the mains are not subject to being extended and are
					 not more than 250 feet in length.
(c)
Transmission systems.
In
					 combination with related storage facilities, transmission pipelines from
					 sources of supply shall be designed to deliver to the limits of the capacity of
					 those sources of supply the minimum foreseeable requirements, as determined
					 pursuant to good engineering practices, of that portion of the system which is
					 dependent upon such transmission pipelines.
(d)
Company's service lines.
The size, design, material and installation of the service pipe shall conform
					 to the reasonable requirements of the utility; provided, however, that the
					 minimum size of the pipe shall not be less than 3/4 inch.
(e)
Water supply
					 requirements.
The quantity of water delivered to the distribution
					 system from total source facilities should be sufficient to supply adequately,
					 dependably and safely the total requirements of all customers under maximum
					 consumption and should be determined so as to maintain the specified pressures
					 as required by § 65.6.
(f)
Materials and specifications.
Materials and specifications
					 shall include the following:
(1)
Qualifications.
Metallic and nonmetallic materials may be used
					 separately and in combination to construct component parts of a water system
					 including, but not limited to, conduits, pipes, couplings, caulking materials,
					 protective linings and coatings, services, valves, hydrants, pumps, tanks and
					 reservoirs; provided:
(i) The material shall
					 have a reasonable useful service life.
(ii) The material shall be capable of
					 withstanding with ample safety factors the internal and external forces to
					 which it may be subjected in service.
(iii) The material may not cause the water to
					 become impure, unwholesome, unpotable or unhealthful.
(iv) Materials and equipment shall be so
					 selected as to minimize corrosion, electrolysis and deterioration.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter A - SERVICE GENERALLY › Section 65.18 - Standards of construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The construction of the water plant of the utility
					 shall conform to standard acceptable engineering practices. It shall be
					 operated so as to provide reasonably adequate and safe service to its customers
					 and shall conform with the requirements of the Department of Environmental
					 Resources which concern sanitation and potability of water.
(b)
Disinfection of
					 facilities.
New mains, pumps, tanks, wells and other facilities for
					 handling potable water and, insofar as practicable, repaired mains and other
					 facilities, shall be thoroughly disinfected before being connected to the
					 system. The method of disinfection shall be as approved by the Department of
					 Environmental Resources.
(c)
Mains.
Mains shall include the following:
(1)
Depth of mains.
Water
					 mains shall be installed below the frost line whenever possible. Minimum cover
					 shall be at least three feet whenever possible.
(2)
Dead ends.
Insofar as
					 practicable, the utility shall design its distribution system so as to avoid
					 dead ends in its mains. When dead ends are necessary, the utility shall provide
					 a means for flushing the mains when the normal consumption does not provide
					 adequate circulation of the water. Mains with dead ends shall be flushed as
					 often as necessary to maintain the proper quality of water.
(3)
Segmentation of system.
Valves shall be provided in distribution mains designed and used primarily as
					 transmission lines at intervals not to exceed 4,000 feet. Valves shall be
					 provided in other distribution mains at reasonable intervals so that repairs
					 may be effected by the utility with interruptions to the service of a minimum
					 number of customers. When feasible, valves shall be provided in these other
					 mains at intervals not to exceed one continuous block or 500 feet, whichever is
					 greater, except where a dead end run is not intended to serve any intervening
					 customers.
(4)
Grid
					 systems.
Whenever feasible, the distribution system shall be laid out
					 in a properly segmented grid so that in case of breaks or repairs the
					 interruption of service to the customers can be kept to a minimum in
					 number.
(5)
Main
					 sizing.
As new mains are installed or as mains which have reached the
					 end of their useful lives are replaced, the new or replacement main shall be
					 sized and designed to accommodate the standards contained in this chapter,
					 particularly in regard to §
												§
												65.6 and
					 65.17 (relating to pressures; and
					 standards of design) and this section.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter A - SERVICE GENERALLY › Section 65.19 - Filing of annual financial reports

Current through Register Vol. 54, No. 28, July 13, 2024
Under
						66 Pa.C.S. §
												§
												504 and
						3301 (relating to reports
						by public utilities; and civil penalties for violations), the Commission may
						require a public utility to file, and invoke penalties for failure to file,
						certain reports. In this regard, the following apply:
(1) Unless prior permission to do otherwise
					 is granted, a public utility, other than transportation, subject to the
					 jurisdiction of the Commission, shall file annual financial reports with the
					 Commission by April 30 immediately following the reporting year, for reports
					 based upon the calendar year; or by July 31 immediately following the reporting
					 year, for reports permitted to be based upon the fiscal year ending May 31. A
					 request for an extension of time for filing an annual report shall be submitted
					 to the Commission prior to the filing dates specified in this
					 paragraph.
(2) If a public utility,
					 other than transportation, fails to file its annual report in compliance with
					 this section, the public utility may be subject to a penalty as provided under
					 66 Pa.C.S. §
												3301.
					 Continued failure to file annual reports may result in additional
					 penalties.
The provisions of this §
													65.19 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501 and
						  504.
This section cited in 52 Pa. Code §
													101.2 (relating to definitions);
						  and 52 Pa. Code §
													101.4 (relating to reporting
						  requirements).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter A - SERVICE GENERALLY › Section 65.20 - Water conservation measures-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
In rate proceedings of water utilities, the Commission
						intends to examine specific factors regarding the action or failure to act to
						encourage cost-effective conservation by their customers. Specifically, the
						Commission will review utilities' efforts to meet the criteria in this section
						when determining just and reasonable rates and may consider those efforts in
						other proceedings instituted by the Commission.
(1)
Education
. At least once
					 a year a utility should provide each customer with a brochure or similar type
					 of material which discusses efficient water use practices, the expensive waste
					 caused by leaking plumbing fixtures, the availability of retrofitting plumbing
					 devices to curtail unnecessary water use, and the possible savings on water and
					 fuel bills that could ensue when these conservation methods are
					 implemented.
(2)
Water
					 audit for large users
. On an annual basis each large, nonresidential
					 customer, such as a college, motel or health club, should receive, or be
					 directed to the availability of the large water user audit procedure developed
					 by the Department of Environmental Resources, or other, similar format, via a
					 printed message on or with their bill.
(3)
Efficiency plumbing
					 fixtures
. Customers should be notified annually that water-saving
					 plumbing fixtures should be installed in new construction or when remodeling.
					 If construction or renovations are not scheduled, customers should be
					 encouraged to retrofit existing plumbing fixtures.
(4)
Unaccounted-for water
.
					 Levels of unaccounted-for water should be kept within reasonable amounts.
					 Levels above 20% have been considered by the Commission to be
					 excessive.
(5)
Leak
					 detection
. A system of leak detection should be utilized on a regular
					 basis, with leaks being repaired as expeditiously and economically as
					 possible.
(6)
Metering
. A comprehensive metering program should be in place
					 which includes metering sources of supply, metering service to customers-aside
					 from formally granted interim exemptions, and the regular testing and
					 maintenance of meters in service.
(7)
Conservation plan
. The
					 mandatory conservation contingency plan should be properly filed within each
					 utility's tariff.
The provisions of this §
													65.20 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														523(b).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter A - SERVICE GENERALLY › Section 65.21 - Duty of public utility to make line extensions

Current through Register Vol. 54, No. 28, July 13, 2024
Each public utility shall file with the Commission, as
						part of its tariff, a rule setting forth the conditions under which facilities
						will be extended to supply service to an applicant within its service area.
						Upon request by a bona fide service applicant, a utility shall construct line
						extensions within its franchised territory consistent with the following
						directives:
(1) Line extensions to
					 bona fide service applicants shall be funded without customer advance if the
					 annual revenue from the line extension will equal or exceed the utility's
					 annual line extension costs.
(2) If
					 the annual revenue from the line extension will not equal or exceed the
					 utility's annual line extension costs, a bona fide service applicant may be
					 required to provide a customer advance to the utility's cost of construction
					 for the line extension. The utility's investment for the line extension shall
					 be the portion of the total construction costs which generate annual line
					 extension costs equal to annual revenue from the line extension. The customer
					 advance amount shall be determined by subtracting the utility's investment for
					 the line extension from the total construction costs.
(3) The utility's investment for the line
					 extension shall be based on the following formula, where X equals the utility's
					 investment attributed to each bona fide applicant:
X
= [AR - OM] divided by [I + D] ; and,
AR
= the utility's annual revenue
OM
= the utility's operating and
								maintenance costs
I
= the utility's current debt ratio
								multiplied by the utility's weighted long-term debt cost rate
D
= the utility's current depreciation
								accrual rate
The provisions of this §
													65.21 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter A - SERVICE GENERALLY › Section 65.22 - Customer advance financing, refunds and facilities on private property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a customer
					 advance is required from a bona fide service applicant for service from a
					 company with gross annual receipts of $10 million or more and the bona fide
					 applicant is unable to advance the entire amount due, the utility shall do one
					 of the following:
(1) Allow the applicant to
					 pay the advance over a period of not less than 3 years, with the utility
					 recovering financing costs equal to the utility's weighted cost of long term
					 debt. The utility may require the applicant to deposit up to one-third of the
					 total customer advance prior to extending service.
(2) Provide information to the customer on
					 financial institutions that may offer financing to the customer for the line
					 extension.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter A - SERVICE GENERALLY › Section 65.23 - Special utility service

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
						65.21 and
						65.22(a) and (c)
						(relating to duty of public utility to make line extensions; and customer
						advance financing, refunds and facilities on private property) do not apply to
						special utility service.
The provisions of this §
													65.23 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.51 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to implement
						66 Pa.C.S. §
												1311(b) (relating to
						valuation of and return on the property of a public utility) governing the
						standard under which an entity may seek to replace LSLs and recover associated
						costs. This subchapter establishes the time, manner, form and content of
						filings for Commission approval of LSLRs. This subchapter also sets forth the
						minimum requirements for LSLRs.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.53 - Time to replace LSLs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An entity,
					 other than a municipal corporation, shall remove and replace all LSLs, whether
					 entity-owned or customer-owned, within or connected to its water distribution
					 systems within 25 years from the effective date of this section for a Class A
					 public utility or authority, and within 30 years from the effective date of
					 this section for a Class B public utility or Class C public utility.
(b) A municipal corporation shall remove and
					 replace all LSLs, within or connected to its water distribution systems, beyond
					 its corporate limits, whether municipal corporation-owned or customer-owned,
					 within 30 years from the effective date of this section.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.54 - Petitioning the Commission for a LSLR program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An entity shall file a LSLR program
					 petition in accordance with §
											65.55(a)
					 (relating to LSLR program requirements) with the Commission's Secretary's
					 Bureau with copies served upon the Bureau of Investigation and Enforcement, the
					 Office of Consumer Advocate, the Office of Small Business Advocate, and the
					 parties of record in the entity's most recent base rate case. Service is
					 evidenced by a certificate of service filed with the LSLR program
					 petition.
(b) An entity that has a
					 Commission-approved LTIIP shall include with its LSLR program petition a
					 modified LTIIP containing a LSLR plan as a separate and distinct component of
					 the entity's LTIIP.
(c) An entity
					 that does not have a Commission-approved LTIIP when filing its LSLR program
					 petition shall include a LSLR plan meeting the requirements of §
											121.3 (relating to
					 LTIIP).
This section cited in 52 Pa. Code §
													65.57 (relating to periodic review
						  of LSLR plan).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.55 - LSLR program requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A LSLR program must comply with the following:
(a) A Class A public utility or authority
					 shall file a LSLR program within 1 year of the effective date of this section.
					 A Class B public utility, Class C public utility or municipal corporation shall
					 file a LSLR program within 2 years of the effective date of this section. An
					 entity that received prior Commission approval to perform LSLR activities shall
					 comply with §
											65.61 (relating to preexisting
					 LSLR activities).
(b) An entity's
					 LSLR program must include:
(1) A LSLR plan as
					 described in §
												65.56 (relating to LSLR plan
					 requirements).
(2) A pro forma
					 tariff or tariff supplement containing the proposed changes necessary to
					 implement the entity's LSLR program as described in §
												65.58 (relating to pro forma
					 tariff or tariff supplement requirements).
(3) Information required by the Commission
					 for filings under
					 66 Pa.C.S. §
													1308
					 (relating to voluntary changes in rates), including statements required by
					 §
												53.52(a)
					 (relating to applicability; public utilities other than canal, turnpike,
					 tunnel, bridge and wharf companies).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.56 - LSLR plan requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An entity's LSLR plan must contain, at a minimum:
(a)
Service line inventory.
(1) Entities subject to this chapter shall
					 submit to the Commission a service line inventory that complies with United
					 States Environmental Protection Agency regulation at
					 40 CFR
					 141.1-143.20 as enforced by the
					 Department of Environmental Protection, inclusive of future changes as those
					 regulations may be amended.
(2) An
					 entity acquiring a water distribution system shall provide to the Commission a
					 service line inventory for the acquired system upon completion of the
					 acquisition or as part of the entity's service line inventory under paragraph
					 (1), whichever is later. An entity may rely on a previously completed service
					 line inventory for an acquired system if the entity updates the service line
					 inventory to meet the requirements of paragraph (3).
(3) An entity's service line inventory must
					 comply with the timing and direction of United States Environmental Protection
					 Agency regulation at 40 CFR
					 141.1-143.20 as enforced by the
					 Department of Environmental Protection, inclusive of future changes as those
					 regulations may be amended.
(4) An
					 entity shall identify assumptions in its service line inventory to the
					 Commission.
(5) Until the inventory
					 is complete, an entity shall provide detailed information regarding the
					 progress of its service line inventory as part of its annual LSLR program
					 report under §
												65.59 (relating to LSLR program
					 reports).
(6) After an entity's
					 service line inventory is complete, it must be incorporated into the entity's
					 next LSLR plan update under §
												65.57 (relating to periodic review
					 of LSLR plan).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.57 - Periodic review of LSLR plan

Current through Register Vol. 54, No. 28, July 13, 2024
After initial Commission-approval of an entity's LSLR
						plan, the entity shall update the LSLR plan for Commission review at least once
						every 5 years. The Commission will, to the extent possible, coordinate the
						review of the updated LSLR plan with the periodic review of an entity's LTIIP
						under §
											121.7 (relating to periodic review
						of an LTIIP).
(a) The Commission's
					 review will determine:
(1) If the entity has
					 adhered to its LSLR plan.
(2) If
					 changes to the entity's LSLR plan are necessary to maintain and improve the
					 efficiency, safety, adequacy and reliability of its LSLR program.
(3) If the updated LSLR plan is consistent
					 with the parameters of the entity's LSLR program.
(4) If the LSLR plan has been
					 satisfied.
(5) If the entity has
					 demonstrated the absence of LSLs through its service line inventory.
(6) If the entity should be released from
					 LSLR plan requirements.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.58 - Pro forma tariff or tariff supplement requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An entity's pro forma tariff or tariff supplement
						containing proposed changes necessary to implement the entity's LSLR program
						must address, at a minimum:
(a)
LSLR program annual cap.
An entity's pro forma tariff or tariff supplement must
						include a cap on the number of customer-owned LSLs that can be replaced
						annually.
(b)
Service line demarcation.
(1) An entity's pro forma tariff or tariff
					 supplement must include a definition for customer-owned LSL for purposes of the
					 entity's LSLR program that is consistent with §
												65.52 (relating to
					 definitions).
(2) An entity may
					 specify in its tariff or tariff supplement that, if a shutoff valve is not
					 located along a specific length of pipe within a structure, the entity may
					 install a shutoff valve to serve as a point of demarcation between the
					 property's service line and the property's interior water distribution
					 piping.
(3) An entity shall perfect
					 its ownership of the portion of the service line located within the
					 then-existing right-of-way in conformance with its Commission-approved tariff
					 to ensure that the entity can obtain necessary permits during the planning
					 phase of a LSLR project.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.59 - LSLR program reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An entity
					 with an approved LSLR program shall file with the Commission a LSLR program
					 report by March 1 of each year, in both print and electronic formats, including
					 supporting spreadsheets. If an entity is implementing its LSLR plan as part of
					 a Commission-approved LTIIP, the entity shall include a LSLR program report as
					 part of the entity's AAO plan under §
											121.6 (relating to AAO plan
					 filings).
(b) An entity's LSLR
					 program report must identify the preceding year's activities, including:
(1) The number of LSLs replaced in the
					 preceding year by water system.
(2)
					 The length of LSLs removed, by pipe diameter, in each water system.
(3) The length, pipe diameters and material
					 types of LSLRs by water system.
(4)
					 The actual cost of each LSLR by water system.
(5) The average cost of a LSLR by water
					 system.
(6) The total annual LSLR
					 expenditures for the calendar year by customer class.
(7) The total projected LSLR expenditures for
					 the following calendar year.
(8)
					 The entity's outreach and coordination activities with other entities, the
					 Department of Transportation, local governments and customers.
(9) The number of LSLR refusals for the
					 calendar year, including municipality and reason for refusal.
(10) Applicable lead monitoring requirements
					 established by the Department of Environmental Protection for each of the
					 entity's water distribution systems.
(11) The entity's compliance with the
					 regulatory requirements established by the United States Environmental
					 Protection Agency and the Department of Environmental Protection, including a
					 description of any violations thereof associated with lead.
(12) The current status of the entity's
					 service line inventory efforts.
(13) The entity's efforts to obtain grants,
					 low interest loans and donations for LSLRs.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.60 - Accounting and financial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 entity shall record LSLR costs in compliance with the National Association of
					 Regulatory Utility Commissioners uniform system of accounts applicable to the
					 entity. LSLR costs recorded as assets shall be maintained under separate and
					 distinct subaccounts.
(b) For
					 subaccounting purposes, an entity may defer income taxes related to no cost and
					 low-cost sources of funding for LSLRs, including applicable income taxes on
					 contributions-in-aid-of-construction or below-market rate loans, or both,
					 service line inventory, LSLR program development, LSLR plan, LSLR program
					 report, and reimbursement expenses, to the extent that such costs are not
					 recovered through the entity's existing base rates or DSIC.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.61 - Preexisting LSLR activities

Current through Register Vol. 54, No. 28, July 13, 2024
An entity that received prior Commission approval to
						perform LSLR activities shall submit for Commission approval and file under
						§
											65.55(b)
						(relating to LSLR program requirements) a LSLR program that, at a minimum,
						conforms with the requirements of this subchapter no later than the effective
						date of the rates established under the entity's next base rate case filed
						following the effective date of this section or within 2 years of the effective
						date of this section, whichever comes first.
This section cited in 52 Pa. Code §
													65.55 (relating to LSLR program
						  requirements).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 65 - WATER SERVICE › Subchapter B - LEAD SERVICE LINE REPLACEMENTS › Section 65.62 - Prohibition on partial LSLRs

Current through Register Vol. 54, No. 28, July 13, 2024
The following provisions must apply after the effective
						date of this section:
(a) Where a
					 customer or property owner, if the customer is not the property owner, elects
					 to replace a customer-owned LSL, an entity shall replace the connected
					 entity-owned LSL concurrent with replacement of the customer-owned LSL, subject
					 to the following:
(1) A Class A public utility
					 or authority shall replace the entity-owned LSL concurrent with replacement of
					 the customer-owned LSL within 90 days of the date of a request, or on the LSLR
					 date specified, by the customer or property owner, if the customer is not the
					 property owner, whichever is later.
(2) A Class B or Class C public utility or a
					 municipal corporation shall replace the entity-owned LSL concurrent with
					 replacement of the customer-owned LSL within 180 days of the date of a request,
					 or on the LSLR date specified, by the customer, or property owner, if the
					 customer is not the property owner, whichever is later.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 66 - WASTEWATER SERVICE › Subchapter A - SERVICE GENERALLY › Section 66.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
Public utility
-Persons or corporations
						owning or operating equipment or facilities in this Commonwealth for wastewater
						collection, treatment or disposal for the public for compensation. The term
						does not include a person or corporation not otherwise a public utility who or
						which furnishes service only to himself or itself, or a bona fide cooperative
						association which furnishes service only to its stockholders or members on a
						nonprofit basis.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 66 - WASTEWATER SERVICE › Subchapter B - DAMAGED WASTEWATER SERVICE LATERALS › Section 66.31 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to implement
						66 Pa.C.S. §
												1311(b) (relating to
						valuation of and return on the property of a public utility) governing the
						standard under which an entity may seek to replace, rehabilitate or repair
						damaged wastewater service laterals and recover associated costs. This
						subchapter sets forth the scope of and provides minimum requirements for DWSL
						replacements.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 66 - WASTEWATER SERVICE › Subchapter B - DAMAGED WASTEWATER SERVICE LATERALS › Section 66.33 - DWSL program parameters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 entity may petition the Commission for approval of a DWSL program to replace,
					 rehabilitate or repair DWSLs where its purpose can be specifically linked to
					 the entity's efforts to address either of the objectives set forth in
					 subsection (b).
(b) An entity's
					 purpose for petitioning the Commission for approval of a DWSL program shall be
					 linked to:
(1) Excessive I&I causing, or
					 which is reasonably expected to cause within the next 5 years, a hydraulically
					 overloaded condition, wastewater overflows or additional flow which is prudent
					 for the entity to avoid.
(2) Design
					 or construction conditions causing, or which are reasonably expected to cause
					 within the next 5 years, wastewater overflows.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 66 - WASTEWATER SERVICE › Subchapter B - DAMAGED WASTEWATER SERVICE LATERALS › Section 66.34 - Petitioning the Commission for a DWSL program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An entity may file a DWSL program
					 petition in accordance with §
											66.35(a)
					 (relating to DWSL program requirements) with the Commission's Secretary's
					 Bureau with copies served upon the Bureau of Investigation and Enforcement, the
					 Office of Consumer Advocate, the Office of Small Business Advocate and the
					 parties of record in the entity's most recent base rate case. Service is
					 evidenced by a certificate of service filed with the DWSL program
					 petition.
(b) An entity that has a
					 Commission-approved LTIIP shall include with its DWSL program petition a
					 modified LTIIP containing a DWSL plan as a separate and distinct component of
					 the entity's LTIIP.
(c) An entity
					 that does not have a Commission-approved LTIIP when filing its DWSL program
					 petition shall include a DWSL plan meeting the requirements of §
											121.3 (relating to
					 LTIIP).
This section cited in 52 Pa. Code §
													66.37 (relating to periodic review
						  of DWSL plan).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 66 - WASTEWATER SERVICE › Subchapter B - DAMAGED WASTEWATER SERVICE LATERALS › Section 66.35 - DWSL program requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A DWSL
					 program must include the following:
(1) A DWSL
					 plan as described in §
												66.36 (relating to DWSL plan
					 requirements).
(2) A pro forma
					 tariff or tariff supplement containing the proposed changes necessary to
					 implement the entity's DWSL program as described in §
												66.38 (relating to pro formal
					 tariff or tariff supplement requirements).
(3) Information required by the Commission
					 for filings under
					 66 Pa.C.S. §
													1308
					 (relating to voluntary changes in rates), including statements required by
					 §
												53.52(a)
					 (relating to applicability; public utilities other than canal, turnpike,
					 tunnel, bridge and wharf companies).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 66 - WASTEWATER SERVICE › Subchapter B - DAMAGED WASTEWATER SERVICE LATERALS › Section 66.37 - Periodic review of DWSL plan

Current through Register Vol. 54, No. 28, July 13, 2024
After initial Commission approval of an entity's DWSL
						plan, the entity shall update the DWSL plan for Commission review at least once
						every 5 years. The Commission will, to the extent possible, coordinate the
						review of the updated DWSL plan with the periodic review of an entity's LTIIP
						under §
											121.7 (relating to periodic review
						of an LTIIP).
(a) The Commission's
					 review will determine:
(1) If the entity has
					 adhered to its DWSL plan.
(2) If
					 changes to the entity's DWSL plan are necessary to maintain and improve the
					 efficiency, safety, adequacy and reliability of its DWSL program.
(3) If the updated DWSL plan is consistent
					 with the parameters of the entity's DWSL program.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 66 - WASTEWATER SERVICE › Subchapter B - DAMAGED WASTEWATER SERVICE LATERALS › Section 66.38 - Pro forma tariff or tariff supplement requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An entity's pro forma tariff or tariff supplement
						containing proposed changes necessary to implement the entity's DWSL program
						must address at a minimum:
(a)
DWSL program annual cap.
An entity's pro forma tariff or
					 tariff supplement must include a cap on the number of DWSL replacements that
					 can be completed annually.
(b)
Service line demarcation.
(1) An entity's pro forma tariff or tariff
					 supplement must include a definition for customer's service lateral for
					 purposes of the entity's DWSL program that is consistent with §
												66.32 (relating to
					 definitions).
(2) An entity shall
					 perfect its ownership of the portion of the service lateral located within the
					 then-existing right-of-way in conformance with its Commission-approved tariff
					 to ensure that the entity can obtain necessary permits to complete work within
					 the public right-of-way in the future.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 66 - WASTEWATER SERVICE › Subchapter B - DAMAGED WASTEWATER SERVICE LATERALS › Section 66.40 - Accounting and financial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 entity shall record DWSL costs in compliance with the National Association of
					 Regulatory Utility Commissioners uniform system of accounts applicable to the
					 entity. DWSL replacement costs recorded as assets shall be maintained under
					 separate and distinct subaccounts.
(b) For subaccounting purposes an entity may
					 defer income taxes related to no cost and low-cost sources of funding for DWSL
					 replacements, including applicable income taxes on
					 contributions-in-aid-of-construction or below-market rate loans, or both, DWSL
					 program development, DWSL plan, DWSL program report, and reimbursement expenses
					 to the extent that such costs are not recovered through the entity's existing
					 base rates or DSIC.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 66 - WASTEWATER SERVICE › Subchapter B - DAMAGED WASTEWATER SERVICE LATERALS › Section 66.41 - Unpermitted connections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As part
					 of an entity's DWSL program, an entity shall disconnect any unpermitted
					 connection to a customer's service lateral or property owner's service lateral,
					 if the customer is not the property owner, in compliance with its tariff
					 provisions.
(b) Notwithstanding
					 subsection (a), where the continued use of any previously unpermitted
					 connection to a customer's service lateral or property owner's service lateral,
					 if the customer is not the property owner, is permissible under other
					 applicable laws, including the entity's tariff, an entity may permit the
					 continued use of these connections as long as the entity's permission and
					 existence of additional connection(s) is documented.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 66 - WASTEWATER SERVICE › Subchapter B - DAMAGED WASTEWATER SERVICE LATERALS › Section 66.42 - Competitive advantage

Current through Register Vol. 54, No. 28, July 13, 2024
An entity shall make a good faith effort to structure its
						DWSL program to prevent competition with optional insurance and warranty
						products that cover DWSL replacements.
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 › FUEL PROCUREMENT POLICIES AND PROCEDURES › Section 69.1a - Organization and operation of utility staff involved in fuel procurement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A utility
					 should maintain an appropriate staff to adequately fulfill its responsibility
					 to procure fuel at the lowest reasonable cost. The utility should be prepared
					 to solicit and handle numerous competent bids and investigate these potential
					 sources for ability to fulfill contracts.
(b) A utility should have a detailed
					 organization chart of the personnel involved in fuel procurement, with a key
					 official designated to act as liaison with the Commission. A utility should
					 maintain written job descriptions for personnel, as well as formal policies and
					 procedures pertaining to the fuel procurement process.
(c) Utility personnel in a position to
					 influence fuel procurement decisions should be prohibited from having either
					 direct or indirect ties or affiliations with fuel suppliers. A utility should
					 conduct investigations to insure that personnel have no affiliation.
The provisions of this §
													69.1a issued under Public Utility
						  Code, the Public Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1301 and
						  1307.
This section cited in 52 Pa. Code §
													69.1 (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 › FUEL PROCUREMENT POLICIES AND PROCEDURES › Section 69.2 - Fuel and power planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 utility should submit to the Commission its long-term generation plans and a
					 statement of how the plans affect fuel purchasing policy and planning. A plan
					 should be submitted each time there are revisions. A utility should adopt fuel
					 purchasing strategies that provide lowest reasonable cost with maximum
					 flexibility. It should strive to stimulate competition by purchasing from
					 numerous suppliers.
(b)
					 [Reserved].
The provisions of this §
													69.2 issued under Public Utility
						  Code, the Public Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1301 and
						  1307.
This section cited in 52 Pa. Code §
													69.1 (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 › FUEL PROCUREMENT POLICIES AND PROCEDURES › Section 69.4 - Purchasing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The Commission recommends that a utility adopt the
					 following general purchasing guidelines:
(1) A
					 balance of long-term, short-term and spot purchases should be utilized. This
					 balance should provide a reasonably stable supply while allowing the utility
					 the option of taking advantage of changing market conditions. At coal receiving
					 sites, such as generating stations, central storage or loading facilities
					 supplied by truck, coal handling equipment and procedures should be designed to
					 accommodate numerous suppliers.
(2)
					 Vendors should be selected on the basis of overall price and quality
					 specifications of fuel that include, but are not limited to, Btu, moisture, ash
					 and sulphur content. Service reliability is also a consideration. However, a
					 utility is encouraged to give new suppliers every opportunity to compete,
					 particularly in short-term/small-quantity fuel purchases. Documented service
					 reliability becomes more important as contracts increase in duration and
					 quantity. A utility should use its own staff in seeking and procuring adequate
					 fuel supplies and should minimize the use of brokers, except where the use of
					 brokers is consistent with the basic fuel procurement policy of obtaining fuel
					 at the lowest reasonable price.
(3)
					 Fuel agreements should include bonus/penalty provisions or be priced according
					 to Btu, moisture, ash and sulphur content to insure that quality provisions are
					 met. A utility should clearly state in fuel agreements the quality
					 specifications of the fuel. Rejection limits for sulphur, ash and moisture
					 content should be incorporated into contract or bid proposals.
(4) Fuel shipments should be adequately
					 sampled when received at the generating plant. Contracts should include
					 sampling procedures providing for an additional sealed and dated sample for
					 independent verification if necessary.
(5) [Reserved].
(6) [Reserved].
(7) A utility should maintain documentation
					 of reasons for rejection of bids on file in accordance with FERC's Record
					 Retention Table. During audits, Commission staff will inspect this
					 documentation as deemed necessary.
(8) A utility should actively seek and
					 maintain a significant number of vendors from which to solicit bids. This
					 vendor list should be frequently updated with advertisements in newspapers and
					 coal and oil publications.