reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter B - NET METERING › Section 75.16 - Large customer-generators

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 This section applies to distributed generation systems with a nameplate
					 capacity above 3 MW and up to 5 MW. The section identifies the standards that
					 distributed generation systems must satisfy to qualify for customer-generator
					 status.
(b) A retail electric
					 customer may qualify its alternative energy system for customer-generator
					 status if it makes its system available to operate in parallel with the grid
					 during grid emergencies by satisfying the following requirements:
(1) The alternative energy system is able to
					 provide the emergency support consistent with the RTO tariff or
					 agreement.
(2) The alternative
					 energy system is able to increase and decrease generation delivered to the
					 distribution system in parallel with the EDC's operation of the distribution
					 system during the grid emergency.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter B - NET METERING › Section 75.17 - Process for obtaining Commission approval of customer-generator status

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
					 establishes the process through which EDCs obtain Commission approval to net
					 meter alternative energy systems with a nameplate capacity of 500 kW or
					 greater.
(b) An EDC shall submit a
					 completed net metering application to the Commission's Bureau of Technical
					 Utility Services with a recommendation on whether the alternative energy system
					 complies with the applicable provisions of this chapter and the EDC's net
					 metering tariff provisions within 20 days of receiving a completed application.
					 The EDC shall serve its recommendation on the applicant.
(c) The net metering applicant has 20 days to
					 submit a response to the EDC's recommendation to reject an application to the
					 Bureau of Technical Utility Services.
(d) The Bureau of Technical Utility Services
					 will review the net metering application, the EDC recommendation and applicant
					 response, and make a determination as to whether the alternative energy system
					 complies with this chapter and the EDC's net metering tariff.
(e) The Bureau of Technical Utility Services
					 will approve or disapprove the net metering application within 10 days of an
					 EDC's submission recommending approval. If disapproved, the Bureau of Technical
					 Utility Services will describe in detail the reasons for disapproval. The
					 Bureau of Technical Utility Services will serve its determination on the EDC
					 and the applicant.
(f) The Bureau
					 of Technical Utility Services will approve or disapprove the net metering
					 application within 5 days of an applicant's response to an EDC's recommendation
					 to deny approval, but no more than 30 days after an EDC submits an application
					 with a recommendation to deny approval, whichever is earlier. The Bureau of
					 Technical Utility Services will serve its determination on the EDC and the
					 applicant.
(g) The applicant and
					 the EDC may appeal the determination of the Bureau of Technical Utility
					 Services in accordance with §
											5.44 (relating to petitions for
					 reconsideration from actions of the staff).
The provisons of this § 75.17 issued under
						  66 Pa.C.S. §
														§
														501,
						  1501 and
						  2807(e); and sections
						  1648.7(a) and
						  1648.3(e)(2) of
						  the Alternative Energy Portfolio Standards Act of 2004 (73 P.S. §
														§
														1648.7(a) and
						  1648.3(e)(2)).
This section cited in 52 Pa. Code §
													75.13 (relating to general
						  provisions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › GENERAL › Section 75.21 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth the interconnection
						  standards that apply to EDCs which have customer-generators intending to pursue
						  net metering opportunities in accordance with the act.
This section cited in 52 Pa. Code §
														69.2101 (relating to statement of
							 scope); 52 Pa. Code § 2102 (relating to statement of purpose); and 52 Pa.
							 Code §
														69.2104 (relating to
							 interconnection application fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › INTERCONNECTION PROVISIONS › Section 75.31 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
The interconnection procedures apply to
						  customer-generators with small generator facilities that satisfy the following
						  criteria:
(1) The electric nameplate
						capacity of the small generator facility is equal to or less than 5
						MW.
(2) The small generator
						facility is not subject to the interconnection requirements of an
						RTO.
(3) The small generator
						facility is designed to operate in parallel with the electric distribution
						system.
The provisions of this § 75.31 amended under
							 66 Pa.C.S. §
															§
															501,
							 1501 and
							 2807(e); and sections
							 1648.7(a) and
							 1648.3(e)(2) of
							 the Alternative Energy Portfolio Standards Act of 2004 (73 P.S. §
															§
															1648.7(a) and
							 1648.3(e)(2)).
This section cited in 52 Pa. Code §
														69.2101 (relating to statement of
							 scope); 52 Pa. Code §
														69.2102 (relating to statement of
							 purpose); and 52 Pa. Code §
														69.2104 (relating to
							 interconnection application fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › INTERCONNECTION PROVISIONS › Section 75.32 - Interconnection requests

Current through Register Vol. 54, No. 28, July 13, 2024
Interconnection customers seeking to interconnect a
						  small generator facility shall submit an interconnection request to the EDC
						  that owns the electric distribution system to which interconnection is sought.
						  EDCs shall establish processes for accepting interconnection requests
						  electronically.
This section cited in 52 Pa. Code §
														69.2101 (relating to statement of
							 scope); 52 Pa. Code §
														69.2102 (relating to statement of
							 purpose); and 52 Pa. Code §
														69.2104 (relating to
							 interconnection application fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › INTERCONNECTION PROVISIONS › Section 75.33 - Fees and forms

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will determine the appropriate
						  interconnection fees for Levels 1, 2, 3 and 4. In circumstances when standard
						  forms are used for the interconnection process, examples of those forms shall
						  be posted on the EDCs' websites.
This section cited in 52 Pa. Code §
														69.2101 (relating to statement of
							 scope); 52 Pa. Code §
														69.2102 (relating to statement of
							 purpose); 52 Pa. Code §
														69.2103 (relating to definitions);
							 and 52 Pa. Code §
														69.2104 (relating to
							 interconnection application fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › INTERCONNECTION PROVISIONS › Section 75.34 - Review procedures

Current through Register Vol. 54, No. 28, July 13, 2024
An EDC shall review interconnection requests using one
						  or more of the following four review procedures:
(1) An EDC shall use Level 1 procedures for
						evaluation of all interconnection requests to connect inverter-based small
						generation facilities when:
(i) The small
						generator facility has an electric nameplate capacity of 10 kW or
						less.
(ii) The customer
						interconnection equipment proposed for the small generator facility is
						certified.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › INTERCONNECTION PROVISIONS › Section 75.35 - Technical standards

Current through Register Vol. 54, No. 28, July 13, 2024
The technical standards to be used in evaluating all
						  interconnection requests under Level 1, Level 2, Level 3 and Level 4 reviews,
						  unless otherwise provided for in these procedures, are IEEE 1547 and U. L.
						  1741, as they may be amended and modified.
This section cited in 52 Pa. Code §
														69.2101 (relating to statement of
							 policy); 52 Pa. Code §
														69.2102 (relating to statement of
							 purpose); and 52 Pa. Code §
														69.2104 (relating to
							 interconnection application fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › INTERCONNECTION PROVISIONS › Section 75.36 - Additional general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Additional general requirements include:
(1) When an interconnection request is for a
						small generator facility that includes multiple energy production devices at a
						site for which the interconnection customer seeks a single point of
						interconnection, the interconnection request shall be evaluated on the basis of
						the aggregate electric nameplate capacity of multiple devices.
(2) When an interconnection request is for an
						increase in capacity for an existing small generator facility, the
						interconnection request shall be evaluated on the basis of the new total
						electric nameplate capacity of the small generator facility.
(3) An EDC shall maintain records of:
(i) The total interconnection requests
						received.
(ii) The number of days
						required to complete interconnection request approvals and
						disapprovals.
(iii) The number of
						interconnection requests denied or moved to another review level.
(iv) The justifications for the actions taken
						on the interconnection requests.
(v) The number of requests that were not
						processed within the timelines established in this subchapter.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › INTERCONNECTION PROVISIONS › Section 75.37 - Level 1 interconnection review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An EDC shall use the Level 1
						interconnection review procedure for an interconnection request that meets the
						criteria in §
												75.34(1)
						(relating to review procedures). An EDC may not impose additional requirements
						for Level 1 reviews not specifically authorized under this
						subchapter.
(b) The Level 1
						screening criteria must consist of:
(1) For
						interconnection of a proposed small generator facility to a radial distribution
						circuit, the aggregated generation on the circuit, including the proposed small
						generator facility, may not exceed 15% of the line section annual peak load as
						most recently measured at the sub station.
(2) For interconnection of a proposed small
						generator facility to the load side of spot network protectors, the proposed
						small generator facility shall utilize an inverter-based equipment package. The
						customer interconnection equipment proposed for the small generator facility
						must be certified, and when aggregated with other generation, may not exceed 5%
						of the spot network's maximum load.
(3) When a proposed small generator facility
						is to be interconnected on a single-phase shared secondary line, the aggregate
						generation capacity on the shared secondary line, including the proposed small
						generator facility, may not exceed 20 kW.
(4) When a proposed small generator facility
						is single-phase and is to be interconnected on a center tap neutral of a 240
						volt service, its addition may not create an imbalance between the two sides of
						the 240 volt service of more than 20% of the nameplate rating of the service
						transformer.
(5) Construction of
						facilities by the EDC on its own system is not required to accommodate the
						small generator facility.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › INTERCONNECTION PROVISIONS › Section 75.39 - Level 3 interconnection review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each EDC shall adopt the Level 3
						interconnection review procedure in this section. An EDC shall use the Level 3
						review procedure to evaluate interconnection requests that meet the following
						criteria and for interconnection requests considered but not approved under a
						Level 2 or a Level 4 review if the interconnection customer submits a new
						interconnection request for consideration under Level 3:
(1) The small generator facility has an
						electric nameplate capacity that is 5 MW or less.
(2) The small generator facility is less than
						5 MW and not certified.
(3) The
						small generator facility is less than 5 MW and noninverter based.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › INTERCONNECTION PROVISIONS › Section 75.40 - Level 4 interconnection review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Interconnection customers desiring to
						interconnect a small generator facility that does not qualify for a Level 1 or
						Level 2 review may request to be evaluated under Level 4 procedures.
(b) When an interconnection request is
						complete, the EDC shall assign a queue position. The queue position of each
						interconnection request will be used to determine the potential adverse system
						impact of the small generator facility based on the relevant screening
						criteria. The EDC shall schedule a scoping meeting to notify the
						interconnection customer about other higher-queued interconnection customers on
						the same substation bus or area network to which the interconnection customer
						seeks interconnection.
(c) When an
						interconnection customer submits an interconnection request to be
						interconnected to the load side of an area network, the EDC, notwithstanding
						any conflicting requirements in IEEE Standard 1547, shall use the following
						procedures:
(1) When a small generator
						facility is less than or equal to 10 kW, the EDC shall use the review
						procedures for a Level 4 review, when the small generator facility meets the
						following criteria:
(i) The electric nameplate
						capacity of the small generator facility is equal to or less than 10
						kW.
(ii) The proposed small
						generator facility utilizes a certified inverter-based equipment package for
						interconnection.
(iii) The
						customer-generator installs reverse power relays or other protection functions,
						or both, that prevent power flow beyond the point of interconnection.
(iv) The aggregated other generation on the
						area network does not exceed 5% of an area network's maximum load.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter C - INTERCONNECTION STANDARDS › DISPUTE RESOLUTION › Section 75.51 - Disputes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party shall
						attempt to resolve all disputes regarding interconnection as provided in this
						chapter promptly, equitably and in a good faith manner.
(b) When a dispute arises, a party may seek
						immediate resolution through complaint procedures available through the
						Commission, or an alternative dispute resolution process approved by the
						Commission, by providing written notice to the Commission and the other party
						stating the issues in dispute. Dispute resolution will be conducted in an
						informal, expeditious manner to reach resolution with minimal costs and delay.
						When available, dispute resolution may be conducted by phone.
(c) Pursuit of dispute resolution may not
						affect an interconnection applicant with regard to consideration of an
						interconnection request or an interconnection applicant's position in the EDC's
						interconnection queue.
The provisions of this § 75.51 amended under
							 66 Pa.C.S. §
															§
															501,
							 1501 and
							 2807(e); and sections
							 1648.7(a) and
							 1648.3(e)(2) of
							 the Alternative Energy Portfolio Standards Act of 2004 (73 P.S. §
															§
															1648.7(a) and
							 1648.3(e)(2)).
This section cited in 52 Pa. Code §
														69.2101 (relating to statement of
							 scope); 52 Pa. Code §
														69.2102 (relating to statement of
							 purpose); and 52 Pa. Code §
														69.2104 (relating to
							 interconnection application fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.62 - Alterative energy system qualification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application for alternative energy
					 system status shall be submitted on a form developed and made available by the
					 Commission. A copy of the application form will be made available on the
					 Commission's public Internet domain. An application shall be verified by oath
					 or affirmation as required under § 1.36 (relating to
					 verification).
(b) A completed
					 application and supporting attachments shall be filed with the alternative
					 energy credit program administrator, the Department of Environmental Protection
					 and any other parties that may be designated by the Commission.
(c) A facility, to be qualified for
					 alternative energy system status, shall demonstrate that it is physically
					 located in either:
(1) This
					 Commonwealth.
(2) The control area
					 of an RTO that manages a portion of the electric transmission system in this
					 Commonwealth.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.63 - Alternative energy credit certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An alternative energy credit may be
					 certified by the Commission for each MWh of electricity generated by qualified
					 alternative energy systems on or after February 28, 2005.
(b) An alternative energy credit may be
					 certified by the Commission for each MWh of electricity conserved by qualified
					 alternative energy systems or demand side management on or after November 30,
					 2004.
(c) An alternative energy
					 credit may not be certified for a MWh of electricity generation or electricity
					 conservation that has already been used to satisfy another state's renewable
					 energy portfolio standard, alternative energy portfolio standard or other
					 comparable standard.
(d) An
					 alternative energy credit already purchased by individuals, businesses or
					 government bodies that do not have a compliance obligation under the act may
					 not be certified for a MWh of electricity generation or electricity
					 conservation unless the individual, business or government body sells those
					 credits to the EDC or EGS.
(e) When
					 an alternative energy system relies on more than one fuel source or technology,
					 alternative energy credits shall be certified for that portion of the electric
					 generation that is derived from an alternative energy fuel source or
					 technology.
(f) For all alternative
					 energy systems except solar photovoltaic systems with a nameplate capacity of
					 15 kilowatts or less, alternative energy credit certification shall be verified
					 by metered data obtained from or by one of the following:
(1) An RTO.
(2) The credits registry designated under
					 §
												75.70 (relating to alternative
					 energy credit registry).
(3) The
					 administrator designated under §
												75.64 (relating to alternative
					 energy credit program administrator).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.64 - Alternative energy credit program administrator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may select an independent
					 entity to act as a program administrator and perform administrative functions
					 necessary to the implementation of this chapter. If an independent entity is
					 not selected to act as a program administrator, the Commission will perform the
					 functions identified in this section.
(b) The program administrator will have the
					 following powers and duties in regard to alternative energy system
					 qualification:
(1) Distribute, receive and
					 review applications for alternative energy system qualification.
(2) Reject applications that are incomplete
					 or do not adhere to the application instructions.
(3) Determine whether an application
					 satisfies the geographic eligibility standard in §
												75.62(c) 
					 (relating to alternative energy system qualification) and reject applications
					 that fail this standard.
(4)
					 Qualify applicants for alternative energy system status who have filed a
					 complete application, adhered to application instructions, satisfied the
					 geographic eligibility standard, complied with environmental regulations and
					 utilized an alternative energy fuel source or technology.
(5) The program administrator will provide
					 written notice to applicants of its qualification decision within 30 days of
					 receipt of a complete application form.
(6) The program administrator may suspend or
					 revoke the qualification of an alternative energy system and withhold or retire
					 past, current or future alternative energy credits attributed to an alternative
					 energy system for noncompliance with this chapter, including the following
					 circumstances:
(i) It no longer satisfies the
					 alternative energy system qualification standards in § 75.62.
(ii) The owner or aggregator of the
					 alternative energy system provides false or incorrect information in an
					 application.
(iii) The owner or
					 aggregator of the alternative energy system fails to notify the program
					 administrator of changes to the alternative energy system that effect the
					 alternative energy system's generation output.
(iv) The owner or aggregator of the
					 alternative energy system fails to notify the program administrator of a change
					 in ownership or aggregator of the alternative energy system.
(v) The owner or aggregator provides false or
					 inaccurate information to the credit registry.
(vi) The owner or aggregator fails to respond
					 to data and information requests from the Commission, Department or program
					 administrator.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.65 - Alternative compliance payments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Within 15 days of receipt of the report identified in §
											75.64(c)(4)
					 (relating to alternative energy credit program administrator), the Commission's
					 Bureau of Technical Utility Services will provide written notice to each EDC
					 and EGS that was noncompliant with §
											75.61 (relating to EDC and EGS
					 obligations) of their alternative compliance payment for that reporting
					 period.
(b) Each EDC and EGS shall
					 be assessed an alternative compliance payment according to the following
					 formula:
(1) For noncompliance with the solar
					 photovoltaic requirements identified in §
												75.61, an EDC and EGS shall make
					 an alternative compliance payment equal to the following:
(i) The average market value for solar
					 photovoltaic alternative energy credits sold during the reporting period in the
					 RTO control area where the noncompliance occurred.
(ii) Add to value in subparagraph (i), the
					 levelized up-front rebates received by sellers of solar renewable energy
					 credits (calculated as follows: total amount of rebates paid within the
					 previous 20 years, divided by the total kilowatt capacity for which rebates
					 were given in the previous 20 years, divided by 20 (the useful life of a solar
					 photovoltaic system), multiplied by the percentage of alternative energy used
					 during the reporting period originating from jurisdictions where rebates were
					 given).
(iii) Multiply the value in
					 subparagraph (ii) by 200%.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.67 - Alternative energy cost-recovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A default service provider may recover from default service customers the
					 following reasonable and prudently incurred costs for compliance with the act:
(1) The costs of electricity generated by an
					 alternative energy system, purchased by a default service provider, and
					 delivered to default service customers for purposes of compliance with §
												75.61 (relating to EDC and EGS
					 obligations).
(2) The costs of
					 alternative energy credits purchased and used within the same reporting period
					 for purposes of compliance with § 75.61.
(3) The costs of alternative energy credits
					 purchased in one reporting period and banked for use in later reporting
					 periods, consistent with §
												75.69 (relating to banking of
					 alternative energy credits).
(4)
					 The costs of alternative energy credits purchased in the true-up period to
					 satisfy compliance obligations for the most recently concluded reporting
					 period, consistent with § 75.61(e)
(5) Payments to the alternative energy
					 credits program administrator for its costs of administering an alternative
					 energy credits program, consistent with §
												75.64 (relating to alternative
					 energy credit program administrator).
(6) Payments to a third party for its costs
					 in operating an alternative energy credits registry, consistent with §
												75.70 (relating to the alternative
					 energy credit registry).
(7) The
					 costs levied by a regional transmission organization to ensure that alternative
					 energy sources are reliable.
(8)
					 The costs of alternative compliance payments made under §
												75.66 (relating to force
					 majeure).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.68 - Alternative energy market integrity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sales of electricity by EDCs and EGSs to
					 retail electric customers marketed as deriving from alternative energy sources
					 shall be tracked and counted separately from alternative energy credits used to
					 support compliance with §
											75.61 (relating to EDC and EGS
					 obligations).
(b) When EDCs and
					 EGSs market their generation as deriving from alternative energy sources, they
					 shall include information to substantiate their claims. Disclosure of
					 alternative energy sources shall be traceable to specific alternative energy
					 sources by an auditable contract trail or equivalent, such as a tradable
					 commodity system, that provides verification that the alternative energy source
					 claimed has been sold only once to a retail customer.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.69 - Banking of alternative energy credits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An EDC and EGS may bank alternative
					 energy credits certified in one reporting period for use in either or both of
					 the two immediately following reporting periods.
(b) An EDC and EGS may bank alternative
					 energy credits certified during a cost-recovery period for use in the reporting
					 period in which the cost-recovery period expires, and the reporting period that
					 immediately follows.
(c)
					 Alternative energy credits acquired by EDCs and EGSs not used within the time
					 limits identified in subsections (a) and (b) shall be retired within the
					 alternative energy credits registry and not available for the compliance
					 requirements of this chapter.
(d)
					 EDCs and EGSs shall satisfy the requirements of this chapter for the present
					 reporting period before banking alternative energy credits produced in that
					 same reporting period for use in either or both of the two subsequent reporting
					 periods.
(e) The Commission will
					 determine the volume of sales, measured in MWh, by EDCs and EGSs to retail
					 customers in the 12-month period that immediately preceded the effective date
					 of the act derived from specific alternative energy systems. EDCs and EGSs may
					 bank credits during the cost-recovery period for the generation output of
					 qualified alternative energy systems that exceed their volume of alternative
					 energy sales to retail customers during this 12-month period.
This section cited in 52 Pa. Code §
													75.67 (relating to alternative
						  energy cost-recovery).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.70 - Alternative energy credit registry

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will designate an
					 alternative energy credit registry to track the creation and transfer of
					 certified alternative energy credits among qualified alternative energy
					 systems, EDCs, and EGSs. EDCs and EGSs shall record the price paid for each
					 alternative energy credit in the alternative energy credit registry.
(b) The Commission may direct EDCs and EGSs
					 to enter into agreements with an alternative energy credit registry to verify
					 compliance with this chapter and for compliance with section 3(e)(8) of the act
					 (73
					 P.S. §
												1648.3(e)(8)).
					 EDCs and EGSs shall comply with the rules, policies and procedures of the
					 designated alternative energy credit registry identified in the registry's
					 terms of use, subscriber agreement or other comparable document.
(c) EDCs and EGSs shall provide the
					 Commission and the program administrator with access to information in this
					 registry necessary to verify compliance with this chapter and for compliance
					 with section 3(e)(8) of the act.
(d) The prices paid for individual credits
					 will be treated as confidential information by the Commission. Aggregate
					 pricing data on alternative energy credits will be made available to the public
					 by the Commission or the program administrator on a regular basis.
This section cited in 52 Pa. Code §
													75.63 (relating to alternative
						  energy credit certification); and 52 Pa. Code §
													75.67 (relating to alternative
						  energy cost-recovery).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.71 - Quarterly adjustment of nonsolar Tier I obligation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Tier I nonsolar photovoltaic
					 obligation of EDCs and EGSs shall be adjusted quarterly during the reporting
					 period to comply with
					 66 Pa.C.S. §
												2814(c) (relating to
					 additional alternative energy sources).
(b) The quarterly requirement will be
					 determined as follows:
(1) The nonsolar
					 photovoltaic Tier I quarterly percentage increase equals the ratio of the
					 available new Tier I MWh generation to total quarterly EDC and EGS MWh retail
					 sales (new Tier I MWh generation/EDC and EGS MWh retail sales = nonsolar pv
					 Tier I % increase).
(2) The new
					 quarterly nonsolar photovoltaic Tier I requirement equals the sum of the new
					 nonsolar photovoltaic Tier I percentage increase and the annual nonsolar
					 photovoltaic Tier I percentage requirement in §
												75.61(b)
					 (relating to EDC and EGS obligations) (nonsolar photovoltaic Tier I % increase
					 + annual nonsolar photovoltaic Tier I % = new quarterly nonsolar photovoltaic
					 Tier I % requirement).
(3) An EDC's
					 or EGS's quarterly MWh retail sales multiplied by the new quarterly nonsolar
					 photovoltaic Tier I requirement (EDC and EGS quarterly MWh x new quarterly
					 nonsolar photovoltaic Tier I % = EDCs' and EGSs' quarterly nonsolar
					 photovoltaic Tier I requirement) yields the quantity of alternative energy
					 credits required by that EDC or EGS for compliance. The EDC and EGS final total
					 annual compliance obligations shall be determined by the program administrator
					 at the end of the compliance year in accordance with §
												75.64(c)
					 (relating to alternative energy credit program
					 administrator).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 75 - ALTERNATIVE ENERGY PORTFOLIO STANDARDS › Subchapter D - ALTERNATIVE ENERGY PORTFOLIO REQUIREMENT › Section 75.72 - Reporting requirements for quarterly adjustment of nonsolar Tier I obligation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
					 purposes of implementing §
											75.71 (relating to quarterly
					 adjustment of nonsolar Tier I obligation) EDCs and EGSs shall report their
					 monthly retail sales on a quarterly basis during the reporting period. An EDC
					 shall submit its monthly sales data and the monthly sales data for each EGS
					 serving in its service territory to the program administrator each quarter as
					 follows:
(1) First quarter (June, July and
					 August) due by November 4.
(2)
					 Second quarter (September, October and November) due by February 4.
(3) Third quarter (December, January and
					 February) due by May 5.
(4) Fourth
					 quarter (March, April and May) due by June 30.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 77 - POLE ATTACHMENTS › Section 77.1 - Statement of purpose and preemption

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter exercises reverse preemption of the
					 jurisdiction of the Federal Communications Commission over pole attachments
					 under section 224(c) of the Pole Attachments Act (47 U.S.C. §
											224(c)) to improve the
					 ability of persons and entities to utilize pole attachments within this
					 Commonwealth and subject to regulation under
					 47 U.S.C. §
											224 and the regulations promulgated
					 thereunder at 47 CFR Chapter I, Subchapter A, Part 1, Subpart J (relating to
					 pole attachment complaint procedures).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 77 - POLE ATTACHMENTS › Section 77.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				  applies to all utility poles, ducts, conduits and rights-of-way under this
				  Commission's jurisdiction and subject to
				  47 U.S.C. §
											224 and 47 CFR Chapter I, Subchapter A, Part
				  1, Subpart J (relating to pole attachment complaint procedures) as those
				  regulations may be amended, but excluding any person or entity expressly
				  exempted by 47 U.S.C. §
											224(a)(1) and
				  47 CFR
				  1.1402(a) (relating to
				  definitions).
(b) For the purposes
				  of this chapter, the Commission will apply the definition of "pole attachments"
				  as codified in section 224(a)(4) of the Pole Attachments Act (47 U.S.C. §
											224(a)(4)), the definition
				  of "utility" as codified in 47 U.S.C. §
											224(a)(1), and the
				  definition of "telecommunications carrier" as codified in
				  47 CFR
				  1.1402(h).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 77 - POLE ATTACHMENTS › Section 77.3 - Commission oversight

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				  chapter establishes the Commission's regulatory authority over the rates, terms
				  and conditions of access to and use of utility poles, ducts, conduits and
				  rights-of-way to the full extent of this Commission's jurisdiction and
				  authority and as provided for in
				  47 U.S.C. §
											224 for pole attachments but excluding any
				  person or entity expressly exempted by
				  47 U.S.C. §
											224(a)(1) and
				  47 CFR
				  1.1402(a) (relating to
				  definitions) as of 60 days after the effective date of this chapter.
(b) The Commission has the authority to
				  consider the interests of the subscribers of the services offered by means of
				  pole attachments, as well as the interests of the consumers of the utility
				  services.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 77 - POLE ATTACHMENTS › Section 77.4 - Adoption of Federal Communications Commission regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter adopts the rates, terms and
				  conditions of access to and use of utility poles, ducts, conduits and
				  rights-of-way to the full extent provided for in
				  47 U.S.C. §
											224 and 47 CFR Chapter I, Subchapter A, Part
				  1, Subpart J (relating to pole attachment complaint procedures), inclusive of
				  future changes as those regulations may be amended.
(b) For an amendment or modification under
				  paragraph (a) that takes effect in Pennsylvania by operation of law under
				  paragraph (c) or (e), the Commission will publish notice of the effective date
				  in Pennsylvania in the
Pennsylvania Bulletin
.
(c) Notwithstanding paragraph (b), an
				  amendment or modification under paragraph (a) shall take effect 60 days after
				  the effective date of the Federal change unless the Commission publishes a
				  notice in the
Pennsylvania Bulletin
stating that the amendment
				  or modification may not take effect.
(d) A Commission notice issued under
				  paragraph (c) will provide an opportunity for public comment on the Federal
				  change. Comments may be filed with the Commission no later than 15 days
				  following publication of the Commission notice in the
Pennsylvania
				  Bulletin
.
(e) An amendment
				  or modification under paragraph (a) that is the subject of a Commission notice
				  pursuant to paragraph (c) shall become effective 60 days after publication of
				  the notice in the
Pennsylvania Bulletin
unless the Commission
				  determines otherwise for good cause shown.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 77 - POLE ATTACHMENTS › Section 77.5 - Resolution of disputes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons and
				  entities subject to this chapter may utilize the mediation, formal complaint
				  and adjudicative procedures under 52 Pa. Code Chapters 1, 3 and 5 (relating to
				  rules of administrative practice and procedure; special provisions; and formal
				  proceedings) of the Commission's regulations to resolve disputes or terminate
				  controversies.
(b) Parties before
				  the Commission under this chapter shall employ the procedural requirements in
				  52 Pa. Code Chapters 1, 3 and 5, Title 66 Pa.C.S. (relating to the public
				  utility code), and related Commission precedent except where silent, in which
				  case 47 U.S.C. §
											224 or 47 CFR Chapter I, Subchapter A, Part
				  1, Subpart J (relating to pole attachment complaint procedures) will
				  control.
(c) When exercising
				  authority under this chapter the Commission will consider Federal
				  Communications Commission orders promulgating and interpreting Federal pole
				  attachment rules and Federal court decisions reviewing those rules and
				  interpretations as persuasive authority in construing the provisions of
				  47 U.S.C. §
											224 and 47 CFR Chapter I, Subchapter A, Part
				  1, Subpart J.
(d) The Commission
				  will take final action consisting of an order that will issue within 180 days
				  of the filing of a formal complaint initiating a pole attachment dispute as
				  required by 47 U.S.C. §
											224(c)(3)(B)(i) except for
				  good cause shown. If the Commission determines that a final action will not
				  issue within 180 days, the Commission will issue a final action consisting of
				  an order no later than 270 days from the filing of the formal complaint as
				  permitted by 47 U.S.C.
				  §
											224(c)(3)(B)(ii).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 77 - POLE ATTACHMENTS › Section 77.6 - Voluntarily negotiated agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter does not prevent or limit
				  the ability of a pole owner and an attaching entity to enter into a voluntarily
				  negotiated written agreement regarding the rates, terms and conditions for pole
				  attachment access.
(b) Voluntarily
				  negotiated agreements are preferred and encouraged by the Commission.
(c) This chapter does not supersede or modify
				  any lawful rate, term or condition of a voluntarily negotiated written
				  agreement.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 77 - POLE ATTACHMENTS › Section 77.7 - Working Group

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
The Commission will establish a pole attachment
				  working group to ensure that the Commission remains apprised of industry
				  concerns, that Federal amendments are properly vetted before becoming effective
				  in this Commonwealth and that dispute resolution processes are efficient and
				  effective.
(b)
Creation of
				  Working Group.
The Commission's Law Bureau will establish the Working
				  Group, in coordination with the Commission's Bureau of Technical Utility
				  Services and the Office of Special Assistants, no later than 30 days from the
				  effective date of this chapter.
(c)
Membership.
The Commission will invite persons and entities
				  that it determines to be in the public interest to participate in the Working
				  Group including, but not limited to, the following:
(1) Commission staff from the Law Bureau,
				  Technical Utility Services, and the Office of Special Assistants.
(2) Pole owners.
(3) Pole attachers.
(4) The statutory advocates.
(5) Interest groups, including the
				  Pennsylvania Telephone Association, the Broadband Cable Association of
				  Pennsylvania, and the Pennsylvania Office of Broadband Initiatives or their
				  respective successor persons or entities.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart D - Consumer Affairs › Chapter 91 - CONSUMER ADVISORY COUNCIL › Section 91.1 - Creation of the Council

Current through Register Vol. 54, No. 28, July 13, 2024
The Consumer Advisory Council to the Pennsylvania Public
					 Utility Commission is hereby created, and shall be known in this subpart as the
					 Council.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart D - Consumer Affairs › Chapter 91 - CONSUMER ADVISORY COUNCIL › Section 91.2 - Purposes of the Council

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of the Council shall be to advise the
					 Commission upon matters relating to the protection of consumer interests as
					 those interests are affected by the Commission's exercise of its jurisdiction
					 as provided by law. Nothing in this chapter shall prevent or discourage advice
					 on any subject which will aid the Commission in pursuance of its regulatory
					 duties.
This section cited in 52 Pa. Code §
												91.3 (relating to powers and
						duties of the Council).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart D - Consumer Affairs › Chapter 91 - CONSUMER ADVISORY COUNCIL › Section 91.3 - Powers and duties of the Council

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Council shall consider all matters within the scope of §
										91.2 (relating to purposes of the
				  council) which arise from:
(1) Consumer
				  inquiry or request;
(2) Commission
				  inquiry or request; or
(3) The
				  proceedings, deliberations, or motions of the Council
				  itself.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart D - Consumer Affairs › Chapter 91 - CONSUMER ADVISORY COUNCIL › Section 91.4 - Composition of the Council

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Terms and numbers of members and officers.
Terms and numbers
				  of members and officers shall conform with the following:
(1)
Terms.
Members of the
				  Council shall serve a 2-year term but may be reappointed thereafter without
				  limit. An officer of the Council shall serve for a term of 2 years. A
				  Chairperson may not act for more than 2 consecutive terms.
(2)
Number of members and
				  officers.
The members of the Council shall select the following from
				  one of their number:
(i) A
				  chairperson.
(ii) Other officers as
				  the Council deems appropriate.