reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart D - Consumer Affairs › Chapter 91 - CONSUMER ADVISORY COUNCIL › Section 91.5 - Salaries and expenses of the Council and its members

Current through Register Vol. 54, No. 28, July 13, 2024
The members of the Council shall serve without compensation
					 but shall be entitled to reimbursement for all necessary expenses actually
					 incurred in the discharge of their duties, including travel; and, subject to
					 budgetary restrictions, the Commission will provide the Council reasonable
					 amounts of staff assistance. All costs covered by this section will be borne by
					 the Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart E - Public Utility Security Planning and Readiness › Chapter 101 - PUBLIC UTILITY PREPAREDNESS THROUGH SELF CERTIFICATION › Section 101.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter requires a jurisdictional utility to develop
					 and maintain appropriate written physical security, cyber security, emergency
					 response and business continuity plans to protect this Commonwealth's
					 infrastructure and ensure safe, continuous and reliable utility service. A
					 jurisdictional utility shall submit a Self Certification Form to the Commission
					 documenting compliance with this chapter.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart E - Public Utility Security Planning and Readiness › Chapter 101 - PUBLIC UTILITY PREPAREDNESS THROUGH SELF CERTIFICATION › Section 101.3 - Plan requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  jurisdictional utility shall develop and maintain written physical and cyber
				  security, emergency response and business continuity plans.
(1) A physical security plan must, at a
				  minimum, include specific features of a mission critical equipment or facility
				  protection program and company procedures to follow based upon changing threat
				  conditions or situations.
(2) A
				  cyber security plan must, at a minimum, include:
(i) Critical functions requiring automated
				  processing.
(ii) Appropriate backup
				  for application software and data. Appropriate backup may include having a
				  separate distinct storage media for data or a different physical location for
				  application software.
(iii)
				  Alternative methods for meeting critical functional responsibilities in the
				  absence of information technology capabilities.
(iv) A recognition of the critical time
				  period for each information system before the utility could no longer continue
				  to operate.
(3) A
				  business continuity plan must, at a minimum, include:
(i) Guidance on the system restoration for
				  emergencies, disasters and mobilization.
(ii) Establishment of a comprehensive process
				  addressing business recovery, business resumption and contingency
				  planning.
(4) An
				  emergency response plan must, at a minimum, include:
(i) Identification and assessment of the
				  problem.
(ii) Mitigation of the
				  problem in a coordinated, timely and effective manner.
(iii) Notification of the appropriate
				  emergency services and emergency preparedness support agencies and
				  organizations.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart E - Public Utility Security Planning and Readiness › Chapter 101 - PUBLIC UTILITY PREPAREDNESS THROUGH SELF CERTIFICATION › Section 101.4 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  utility under the reporting requirements of §
										27.10, §
										57.47, §
										59.48, §
										61.28, §
										63.36 or §
										65.19 shall file the Self
				  Certification Form at the time each Annual Financial Report is filed, under
				  separate cover at Docket No. M-00031717.
(b) A utility not subject to the financial
				  reporting requirements in subsection (a), but subject to the reporting
				  requirements of §
										29.43, §
										31.10 or §
										33.103 (relating to assessment
				  reports; assessment reports; and reports) shall file the Self Certification
				  Form at the time each Annual Assessment Report is filed, under separate cover
				  at Docket No. M-00031717.
This section cited in 52 Pa. Code §
												101.6 (relating to
						compliance).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart E - Public Utility Security Planning and Readiness › Chapter 101 - PUBLIC UTILITY PREPAREDNESS THROUGH SELF CERTIFICATION › Section 101.5 - Confidentiality of self certification form

Current through Register Vol. 54, No. 28, July 13, 2024
A Self Certification Form filed at the Commission is not a
					 public document or record and is deemed confidential and
					 proprietary.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart E - Public Utility Security Planning and Readiness › Chapter 101 - PUBLIC UTILITY PREPAREDNESS THROUGH SELF CERTIFICATION › Section 101.6 - Compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
				  will review a Self Certification Form filed under §
										101.4 (relating to reporting
				  requirements).
(b) The Commission
				  may review a utility's cyber security plan, physical security plan, emergency
				  response plan and business continuity plan under
				  66 Pa.C.S. §
											§
											504-506 (relating to reports by public
				  utility; duty to furnish information to commission; and inspection of
				  facilities and records).
(c) The
				  Commission may inspect a utility's facility, to the extent utilized for or
				  necessary to the provision of utility service, to assess performance of its
				  compliance monitoring under
				  66 Pa.C.S. §
											§
											504-506.
(d) A utility that has developed and
				  maintained a cyber security, physical security, emergency response or business
				  continuity plan under the directive of another state or Federal entity that
				  meets the requirements of §
										101.3 (relating to plan
				  requirements) may utilize that plan for compliance with this subpart, upon the
				  condition that a Commission representative be permitted to review the cyber
				  security, physical security, emergency response or business continuity plan. A
				  company that is utilizing another entity's plan shall briefly describe the
				  alternative plan and identify the authority that requires the alternative plan
				  along with the Self Certification Form filed with the Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart E - Public Utility Security Planning and Readiness › Chapter 101 - PUBLIC UTILITY PREPAREDNESS THROUGH SELF CERTIFICATION › Section 101.7 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter does not apply to an entity regulated by the
					 Federal Railroad Safety Act (FRSA) (49 U.S.C.A. §
											§
											20101-20153) and the Hazardous Materials
					 Transportation Act (HMTA) (49 U.S.C.A. §
											§
											5101-5127), if by August 10, 2005, it
					 submits a certification to the Commission indicating that it has its own
					 written physical and cyber security, emergency response and business continuity
					 plans in place and is in compliance with the FRSA and HMTA.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart E - Public Utility Security Planning and Readiness › Chapter 102 - CONFIDENTIAL SECURITY INFORMATION › Section 102.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes procedures for public utilities to
					 follow when filing records with the Commission containing confidential security
					 information under Act 156 (Act 156), and procedures to address challenges by
					 members of the public to a public utility's designation of confidential
					 security information or requests to examine records containing confidential
					 security information in both adversarial and nonadversarial proceedings pending
					 before the Commission.
This section cited in 52 Pa. Code §
												121.4 (relating to filing and
						Commission review procedures).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart E - Public Utility Security Planning and Readiness › Chapter 102 - CONFIDENTIAL SECURITY INFORMATION › Section 102.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Act 156
-The Public Utility Confidential
					 Security Information Disclosure Protection Act (35 P. S. §
											§
											2141.1-2141.6).
Commission
-The Pennsylvania Public Utility
					 Commission.
Challenger
-A member of the public that
					 challenges a public utility record as constituting confidential security
					 information.
Confidential security information
-The term
					 as defined in section 2 of Act 156 (35 P. S. §
											2141.2).
Facilities
-The term as defined in section
					 2 of Act 156.
Mass destruction
-The term as defined in
					 section 2 of Act 156.
Member of the public
-The term includes a
					 legal resident of the United States, a public utility certified by the
					 Commission, the Office of Consumer Advocate, the Office of Small Business
					 Advocate or authorized Commission employees.
Public utility
-The term as defined in
					 section 2 of Act 156.
Requester
-A member of the public that
					 requests to examine a public utility's confidential security information but
					 who is not challenging the designation.
Right-to-Know Law
-65 P. S. §
										§
					 67.101-67.3104.
Secretary
-The Secretary of the
					 Commission.
Terrorist act
-The term as defined in
					 section 2 of Act 156.
This section cited in 52 Pa. Code §
												121.4 (relating to filing and
						Commission review procedures).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart E - Public Utility Security Planning and Readiness › Chapter 102 - CONFIDENTIAL SECURITY INFORMATION › Section 102.3 - Filing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Maintenance of records onsite
. Unless required by order or
				  other directive from the Commission or its staff that records containing
				  confidential security information shall be filed with the Commission, public
				  utilities shall do the following:
(1) Maintain
				  any record containing confidential security information onsite.
(2) Certify that the record is present and
				  up-to-date consistent with Chapter 101 (relating to public utility preparedness
				  through self certification).
(3)
				  Make the record containing confidential security information available for
				  review upon request by authorized Commission employees.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart E - Public Utility Security Planning and Readiness › Chapter 102 - CONFIDENTIAL SECURITY INFORMATION › Section 102.4 - Challenge procedures to confidentiality designation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule for challenges or
				  requests to review
. When a member of the public challenges the public
				  utility's designation of confidential security information or requests in
				  writing to examine confidential security information, the Commission will issue
				  a Secretarial Letter within 5 days to the public utility notifying the public
				  utility of the challenge to its designation or the request to examine records
				  containing confidential security information.
(1) The matter will be referred to the Law
				  Bureau for recommended disposition by the Commission.
(2) The Commission will have up to 60 days
				  from the date the challenge or written request to review is filed with the
				  Secretary's Bureau to render a final decision. During the 60-day review period,
				  the following process shall be used:
(i) For
				  identification purposes, the challenger or requester, if not a statutory
				  advocate or Commission employee, shall provide his full name, address,
				  telephone number and a valid photo identification if an individual and its
				  certification number, address and telephone number if it is a Pennsylvania
				  utility.
(ii) For challenges, the
				  challenger shall provide at the time it files the challenge a detailed
				  statement explaining why the confidential security information designation
				  should be denied.
(iii) For
				  requests to review, the requester, if not a statutory advocate or Commission
				  employee, shall provide at the time it files the request a detailed statement
				  explaining the particular need for and intended use of the information and a
				  statement as to the requester's willingness to adhere to limitations on the use
				  and disclosure of the information requested.
(iv) The public utility shall have 15 days
				  from the date the challenge or request to review is filed with the Secretary's
				  Bureau to respond to the challenger's or requester's detailed statement in
				  support of its position.
(v) The
				  Law Bureau will have 15 days from the date the public utility's response is
				  filed with the Secretary's Bureau to issue its recommended disposition to the
				  Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to establish standards and
					 practices for marketing and sales activities for EGSs and NGSs and their agents
					 to ensure the fairness and the integrity of the competitive residential energy
					 market. EGSs and NGSs and their agents shall comply with these standards and
					 practices when engaged in sales and marketing activities involving residential
					 customers. When these standards and practices do not address a specific
					 situation or problem, the supplier shall exercise good judgment and use
					 reasonable care in interacting with customers and members of the
					 public.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.3 - Supplier liability for its agent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A supplier may use an agent to conduct
				  marketing or sales activities in accordance with applicable Commission rules,
				  regulations and orders.
(b) In
				  accordance with §
										54.43(f) 
				  (relating to standards of conduct and disclosure for licensees) for an EGS and
				  §
										62.114(e)
				  (relating to standards of conduct and disclosure for licensees) for an NGS, a
				  supplier is responsible for fraudulent, deceptive or other unlawful marketing
				  acts performed by its agent.
(c)
				  Consistent with due process, for violations committed by the supplier's agent,
				  the Commission may:
(1) Suspend or revoke a
				  supplier's license.
(2) Impose
				  fines for fraudulent acts, violations of Commission regulations and
				  orders.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.4 - Agent qualifications and standards; criminal background investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  supplier shall develop standards and qualifications for individuals it chooses
				  to hire as its agents. A supplier may not hire an individual that fails to meet
				  its standards.
(b) A supplier may
				  not permit a person to conduct door-to-door sales and marketing activities
				  until it has obtained and reviewed a criminal history record from the
				  Pennsylvania State Police and from every other state in which the person
				  resided for the last 12 months. For a current employee or agent who conducts
				  sales and marketing activities, a supplier shall obtain a criminal history
				  record by September 27, 2013.
(1) The
				  criminal background investigation shall include checking the sex offender
				  registry commonly referred to as the "Megan's Law" registry maintained by the
				  Pennsylvania State Police.
(2) A
				  supplier may not hire a person as an employee or an agent for door-to-door
				  marketing or sales who was convicted of a felony or misdemeanor when the
				  conviction reflects adversely on the person's suitability for this type of
				  employment.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.5 - Agent training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A supplier
				  shall ensure the training of its agents on the following subjects:
(1) State and Federal laws and regulations
				  that govern marketing, telemarketing, consumer protection and door-to-door
				  sales, including consumer protection regulations in Chapters 54 and 62
				  (relating to electricity generation customer choice; and natural gas supply
				  customer choice), applicable provisions in Chapters 56, 57 and 59 (relating to
				  standards and billing practices for residential utility service; electric
				  service; and gas service) and the act.
(2) Responsible and ethical sales practices
				  as described in this chapter.
(3)
				  The supplier's products and services.
(4) The supplier's rates, rate structures and
				  payment options.
(5) The customer's
				  right to rescind and cancel contracts.
(6) The applicability of an early termination
				  fee for contract cancellation when the supplier has one.
(7) The necessity of adhering to the script
				  and knowledge of the contents of the script if one is used.
(8) The proper completion of transaction
				  documents.
(9) The supplier's
				  disclosure statement.
(10) Terms
				  and definitions related to energy supply, transmission and distribution service
				  as found in the dictionary of utility terms on the Commission's web site at
www.puc.pa.gov
.
(11) Information about how customers may
				  contact the supplier to obtain information about billing, disputes and
				  complaints.
(12) The
				  confidentiality and protection of customer information and §
											§
											54.43(d) and
				  62.114 (relating to standards of
				  conduct and disclosure for licensees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.6 - Discipline

Current through Register Vol. 54, No. 28, July 13, 2024
In developing internal agent discipline practices and
					 procedures, a supplier shall consider the Commission's regulations regarding
					 the unauthorized transfer of customer accounts in §
										§
										57.171-57.179 and
					 59.91-59.99 (relating to standards for
					 changing a customer's electricity generation supplier; and standards for
					 changing a customer's natural gas supplier) and the violation of other consumer
					 protections.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.7 - Customer authorization to transfer account; transaction; verification; documentation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  supplier shall establish a written, oral or electronic transaction process for
				  a customer to authorize the transfer of the customer's account to the supplier.
(1) A document used to complete a transaction
				  must include a means to identify, when an agent is involved, the agent who
				  completed the transaction and a notation indicating whether the transaction was
				  the result of:
(i) A door-to-door call or
				  other in-person contact with an agent.
(ii) A telephone contact with an
				  agent.
(iii) A written document
				  completed and mailed to a supplier by a customer outside the presence of, or
				  without interaction with, an agent.
(iv) An electronic document completed and
				  uploaded to a supplier's web site or e-mailed to a supplier by a customer
				  outside the presence of, or without interaction with, an agent.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.8 - Agent identification; misrepresentation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A supplier shall issue an identification
				  badge to agents who conduct door-to-door activities or appear at public events.
				  The badge must:
(1) Accurately identify the
				  supplier, its trade name and logo.
(2) Display the agent's photograph.
(3) Display the agent's full name.
(4) Be prominently displayed.
(5) Display a customer-service phone number
				  for the supplier.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.9 - Door-to-door sales

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A supplier
				  and its agents shall comply with local ordinances regarding door-to-door
				  marketing and sales activities. A supplier shall limit door-to-door marketing
				  or sales activities to the hours between 9 a.m. and 7 p.m. during the 6 months
				  beginning October 1 and ending March 31, and to the hours between 9 a.m. and 8
				  p.m. during the months beginning April 1 and ending September 30. When a local
				  ordinance has stricter limitations, a supplier shall comply with the local
				  ordinance.
(b) A supplier and its
				  agents shall comply with regulations that govern marketing, consumer protection
				  and door-to-door sales including consumer protection regulations in Chapters 54
				  and 62 (relating to electricity generation customer choice; and natural gas
				  supply customer choice) and the applicable provisions in Chapters 56, 57 and 59
				  (relating to standards and billing practices for residential utility service;
				  electric service; and gas service).
(c) When conducting door-to-door sales or
				  marketing activities, an agent shall display his identification badge issued by
				  the supplier. The identification shall be prominently displayed.
(d) When engaging in door-to-door sales or
				  marketing activities, an agent shall comply with the following:
(1) After greeting the customer, the agent
				  shall immediately identify himself by name, the supplier the agent represents
				  and the reason for the visit. The agent shall state that he is not working for
				  and is independent of the local distribution company or another
				  supplier.
(2) The agent shall offer
				  a business card or other material that lists the agent's name, identification
				  number and title, and the supplier's name and contact information, including
				  telephone number. This information does not need to be preprinted on the
				  material. When the information is handwritten, it shall be printed and
				  legible.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.10 - Telemarketing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A supplier and
				  its agents shall comply with regulations that govern marketing, consumer
				  protection and telemarketing sales including consumer protection regulations in
				  Chapters 54 and 62 (relating to electricity generation customer choice; and
				  natural gas supply customer choice) and applicable provisions in Chapters 56,
				  57 and 59 (relating to standards and billing practices for residential utility
				  service; electric service; and gas service).
(1) A supplier that is licensed by the
				  Commission and engages in telemarketing is not required to register as a
				  telemarketer under section 3(a) of the act (73 P. S. §
												2243(a)), regarding
				  registration requirement, but shall comply with other provisions of the
				  act.
(2) An agent that contracts
				  with a supplier to conduct telemarketing and sales activities on behalf of the
				  supplier shall register as a telemarketer and comply with the act.
(3) A supplier and its agents shall comply
				  with the Telemarketing and Consumer Fraud and Abuse Prevention Act
				  (15 U.S.C.A. §
												§
												6101-6108) and 16 CFR Part 310
				  (relating to telemarketing sales rule).
(4) Customer consent to the release of
				  customer information by the distribution company to the supplier to enable
				  competitive solicitations does not constitute an express request to receive
				  telephone solicitation calls. See section 5 of the act (73 P. S. §
												2245), regarding unlawful acts and penalties.
				  See the definition of "do not call list" in section 2 of the act (73 P. S. §
												2242).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.11 - Receipt of disclosure statement and right to rescind transaction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a
				  transaction is completed by a customer without the presence of or interaction
				  with an agent and is not submitted to the verification process, a supplier
				  shall provide the customer with a copy of its disclosure statement as soon as
				  it is practical. A customer shall have the right to rescind the transaction
				  within 3 business days after receiving the disclosure statement. See §
										54.5(d) (relating
				  to disclosure statement for residential and small business customers), which
				  applies to EGSs, and §
										62.75(d)
				  (relating to disclosure statement for residential and small business
				  customers), which applies to NGSs.
(b) After a transaction that involved an
				  agent has been completed and verified, a supplier shall provide the customer
				  with a copy of its disclosure statement. The disclosure statement may be
				  provided in-person or by United States mail. The disclosure statement may be
				  provided electronically if the customer consents to electronic delivery. A
				  customer shall have the right to rescind the transaction within 3 business days
				  after receiving the disclosure statement.
(c) There shall be a rebuttable presumption
				  that a disclosure statement correctly addressed to a customer with sufficient
				  first class postage attached shall be received by the customer 3 days after it
				  has been properly deposited in the United States mail. If delivered in-person,
				  the disclosure will be considered received by the customer on the date of
				  delivery. If delivered electronically, the disclosure will be considered
				  received by the customer on the date it was transmitted
				  electronically.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.12 - Consumer protection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  supplier and its agents may not discriminate in the provision of electric
				  generation and natural gas as to availability and terms of service to a
				  customer based on race, color, religion, national origin, sex, marital status,
				  age, receipt of public assistance income and exercise of rights under the
				  Consumer Credit Protection Act (15 U.S.C.A. §
											§
											1601-1693r) and 12 CFR Part 202
				  (relating to Equal Credit Opportunity Act (Regulation B)). This requirement is
				  consistent with §
										54.43(e)
				  (relating to standards of conduct and disclosure for licensees) for EGSs and
				  §
										62.114(e)
				  (relating to standards of conduct and disclosure for licensees) for
				  NGSs.
(b) A supplier and its agents
				  that engage in door-to-door marketing or sales shall comply with the Federal
				  cooling off period requirements. See 16 CFR Part 429 (relating to rule
				  concerning cooling off period for sales made at homes or at certain other
				  locations).
(c) A supplier and its
				  agents shall comply with the 3-business-day cooling off period requirement in
				  §
										54.5(d) 
				  (relating to disclosure statement for residential and small business customers)
				  that applies to EGSs and §
										62.75(d)
				  (relating to disclosure statement for residential and small business customers)
				  that applies to NGSs. This cooling off period may run concurrently with the
				  Federal cooling off period in subsection (b).
(d) A supplier:
(1) May not engage in misleading or deceptive
				  conduct as defined by State or Federal law, or by Commission rule, regulation
				  or order.
(2) May not make false or
				  misleading representations including misrepresenting rates or savings offered
				  by the supplier.
(3) Shall provide
				  the customer with written information about the products and services being
				  offered, or with instructions for where the information can be
				  obtained.
(4) Shall provide
				  accurate and timely information about services and products being offered.
				  Information includes rates being offered, contract terms, early termination
				  fees and right of cancellation and rescission.
(5) Shall ensure that product or service
				  offerings made by a supplier contain information, verbally or written, in plain
				  language designed to be understood by the customer. This includes providing
				  written information to the customer in a language which the supplier's
				  representative has had substantive discussions with the customer or in which a
				  contract is negotiated.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.13 - Customer complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  supplier shall investigate customer inquiries, disputes and complaints
				  concerning marketing or sales practices. The supplier shall cooperate with the
				  Commission and other government agencies that are investigating complaints
				  about marketing or sales practices prohibited by State and Federal laws and
				  with local law enforcement officials that are investigating complaints about
				  violations of local municipal law.
(b) A supplier shall implement an internal
				  process for responding to and resolving customer inquiries, disputes and
				  complaints. The process shall document as a record the customer inquiry,
				  dispute or complaint, subsequent communications between the supplier and the
				  customer, and the resolution of the inquiry, dispute or complaint. A supplier
				  shall retain the record for a time period equivalent to six billing cycles in a
				  system capable of retrieving that record by customer name and account number or
				  by other effective means to obtain access to the information.
(c) The internal process shall comply with
				  the applicable dispute regulations including:
(1) Section
				  54.9 (relating to complaint
				  handling process).
(2) Section
				  56.141 (relating to dispute procedures).
(3) Section
				  56.151 (relating to general
				  rule).
(4) Section
				  56.152 (relating to contents of
				  the public utility company report).
(5) Section
				  57.177 (relating to customer
				  dispute procedures).
(6) Section
				  59.97 (relating to customer
				  dispute procedures).
(7) Section
				  62.79 (relating to complaint
				  handling process).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart F - Competitive Markets › Chapter 111 - MARKETING AND SALES PRACTICES FOR THE RETAIL RESIDENTIAL ENERGY MARKET › Section 111.14 - Notification regarding marketing or sales activity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a supplier engages in door-to-door
				  sales and marketing activity, the supplier shall notify the Bureau of Consumer
				  Services no later than the morning of the day that the activity begins. The
				  notification shall include general, nonproprietary information about the
				  activity, the period involved and a general description of the geographical
				  area.
(b) A supplier shall provide
				  the local distribution company with general, nonproprietary information about
				  the door-to-door sales and marketing activity that caused the supplier to
				  provide notice to the Commission in accordance with subsection (a). The
				  supplier shall provide this general information to the distribution company no
				  later than the morning of the day that the sales and marketing activities
				  begin. The distribution company shall use this information only for acquainting
				  its customer service representatives with sales and marketing activity
				  occurring in its service territory so that they may knowledgably address
				  customer inquiries. Consistent with §
										54.122 (relating to code of
				  conduct) for an EDC and §
										62.142 (relating to standards of
				  conduct) for an NGDC, a distribution company may not use the information for
				  other purposes.
(c) In responding
				  to a customer inquiry about price and service, a distribution company may
				  provide information about its own price and terms but shall refer the customer
				  to the supplier for questions about the supplier's prices and terms. This
				  subsection does not apply in the context of a Commission-approved program that
				  requires a distribution company to provide information about a supplier's
				  prices and terms.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart G - Distribution System Improvement Charge › Chapter 121 - LONG-TERM INFRASTRUCTURE IMPROVEMENT PLAN › Section 121.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
To be eligible to recover the reasonable and prudently
					 incurred costs regarding the repair, improvement and replacement of eligible
					 property from a DSIC, a utility shall submit an LTIIP for Commission approval.
					 See
					 66 Pa.C.S. §
											1353
					 (relating to distribution system improvement charge). The LTIIP must show the
					 acceleration of the replacement of aging infrastructure by the utility and be
					 sufficient to ensure and maintain adequate, efficient, safe, reliable and
					 reasonable service to customers.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart G - Distribution System Improvement Charge › Chapter 121 - LONG-TERM INFRASTRUCTURE IMPROVEMENT PLAN › Section 121.3 - LTIIP

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A utility
				  seeking to implement a DSIC mechanism or to continue a previously-approved DSIC
				  mechanism shall file an LTIIP. The LTIIP must include the following elements:
(1) Identification of types and age of
				  eligible property owned and operated by the utility for which it is seeking
				  DSIC recovery.
(2) An initial
				  schedule for planned repair and replacement of eligible property.
(3) A general description of location of
				  eligible property.
(4) A reasonable
				  estimate of quantity of eligible property to be improved or repaired.
(5) Projected annual expenditures and means
				  to finance the expenditures.
(6) A
				  description of the manner in which infrastructure replacement will be
				  accelerated and how repair, improvement or replacement will ensure and maintain
				  adequate, efficient, safe, reliable and reasonable service to
				  customers.
(7) A workforce
				  management and training program designed to ensure that the utility will have
				  access to a qualified workforce to perform work in a cost-effective, safe and
				  reliable manner.
(8) A description
				  of a utility's outreach and coordination activities with other utilities,
				  Department of Transportation and local governments regarding the planned
				  maintenance/construction projects and roadways that may be impacted by the
				  LTIIP.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart G - Distribution System Improvement Charge › Chapter 121 - LONG-TERM INFRASTRUCTURE IMPROVEMENT PLAN › Section 121.4 - Filing and Commission review procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A utility seeking to implement a DSIC
				  mechanism or to continue a previously-approved DSIC mechanism shall file an
				  LTIIP for Commission approval. The LTIIP shall be filed 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 utility's most recent base rate case.
				  Service is evidenced by a certificate of service filed with the
				  LTIIP.
(b) An LTIIP is a public
				  document. If a utility believes that a portion of the information in the LTIIP
				  qualifies as confidential security information under section 2 of the Public
				  Utility Confidential Security Information Disclosure Protection Act
				  (35
				  P. S. §
											2141.2) or should be afforded
				  proprietary and confidential treatment, the utility shall request proprietary
				  treatment of the information pursuant to a protective order. See §
										§
										5.365 and
				  102.1-102.4 (relating to orders to limit
				  availability of proprietary information; and confidential security
				  information). Confidential security information in the LTIIP shall be marked
				  confidential by the utility and excluded from the public version of the
				  filing.
(c) LTIIP filings are
				  subject to a 30-day comment period. The LTIIP will be reviewed by Commission
				  staff. The LTIIP will be referred to the Office of Administrative Law Judge for
				  hearings and a decision if comments raise material factual issues.
(d) A utility has the burden of proof to
				  demonstrate that its proposed LTIIP and associated expenditures are reasonable,
				  cost effective and are designed to ensure and maintain efficient, safe,
				  adequate, reliable and reasonable service to consumers.
(e) The Commission will review the filed
				  LTIIP and determine if the LTIIP:
(1) Contains
				  measures to ensure that the projected annual expenditures are
				  cost-effective.
(2) Specifies the
				  manner in which it accelerates or maintains an accelerated rate of
				  infrastructure repair, improvement or replacement.
(3) Is sufficient to ensure and maintain
				  adequate, efficient, safe, reliable and reasonable service.
(4) Meets the requirements of §
											121.3(a)
				  (relating to LTIIP).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart G - Distribution System Improvement Charge › Chapter 121 - LONG-TERM INFRASTRUCTURE IMPROVEMENT PLAN › Section 121.5 - Modifications to and expiration of an LTIIP

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a utility elects to modify a
				  Commission-approved LTIIP during its term to incorporate a major modification
				  to any of the elements in §
										121.3(a) 
				  (relating to LTIIP), the utility shall file a separate petition for
				  modification. The utility shall clearly identify the change and explain the
				  operational, financial or other justification for the change in its petition.
				  The petition will be subject to notice and an opportunity to be heard by
				  interested parties. Parties shall have 30 days to file comments to the
				  petition.
(b) Minor modifications
				  to an LTIIP that are changes that do not qualify as major modifications as
				  defined in §
										121.2 (relating to definitions)
				  will be addressed concurrent with Commission staff's review of the utility's
				  AAO plan, if applicable.
(c) A
				  utility seeking to continue its DSIC mechanism after expiration of its LTIIP
				  shall file a new LTIIP with the Commission at least 120 days prior to the
				  expiration of a currently-effective LTIIP. The new LTIIP must contain the
				  elements in §
										121.3(a) and is
				  subject to the review under §
										121.4 (relating to filing and
				  Commission review procedures). If the utility fails to file a new LTIIP before
				  the expiration of its prior LTIIP, the approved DSIC mechanism will terminate
				  upon expiration of the prior LTIIP.
This section cited in 52 Pa. Code §
												121.6 (relating to AAO plan
						filings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart G - Distribution System Improvement Charge › Chapter 121 - LONG-TERM INFRASTRUCTURE IMPROVEMENT PLAN › Section 121.6 - AAO plan filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A utility
				  with an approved DSIC shall file with the Commission, for informational
				  purposes, an AAO plan. The AAO plan shall be filed annually with the Commission
				  60 days after the 12 months of its LTIIP has expired and under this time frame
				  for each successive year of the term of the LTIIP.
(b) An AAO plan must include:
(1) A description that specifies all the
				  eligible property repaired, improved and replaced in the prior 12-month period
				  under its LTIIP and prior year's AAO plan.
(2) A description of the eligible property to
				  be repaired, improved and replaced in the upcoming 12-month period.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart G - Distribution System Improvement Charge › Chapter 121 - LONG-TERM INFRASTRUCTURE IMPROVEMENT PLAN › Section 121.7 - Periodic review of an LTIIP

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission will review a utility's LTIIP at least once every 5 years or more
				  frequently if deemed necessary to address safety, reliability or other issues
				  related to the approved LTIIP.
(b)
				  The Commission's review will determine:
(1)
				  If the utility has adhered to its LTIIP.
(2) If changes to the LTIIP are necessary to
				  maintain and improve the efficiency, safety, adequacy and reliability of its
				  existing distribution infrastructure.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart G - Distribution System Improvement Charge › Chapter 121 - LONG-TERM INFRASTRUCTURE IMPROVEMENT PLAN › Section 121.8 - Enforcement of LTIIP implementation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A utility with a Commission-approved LTIIP is obligated to comply with the
				  infrastructure replacement schedule and elements of that LTIIP. Compliance with
				  the LTIIP will be evaluated on a multiyear basis over the life of the LTIIP.
				  Construction expenditure variations in individual years and minor changes or
				  deviations from the Commission-approved LTIIP may not be the basis for an
				  enforcement complaint.
(b) A
				  Commission-approved LTIIP may be subject to enforcement complaints brought by
				  statutory advocates and other interested persons. Enforcement complaints may be
				  referred to the Office of Administrative Law Judge for hearings and a decision,
				  as appropriate.
(c) The remedy for
				  noncompliance with an approved LTIIP is the termination of the utility's
				  approved DSIC mechanism.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1001 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1001.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The purpose of
					 this part is to facilitate the implementation of the act.
(b) Certificate holders, brokers, taxicab
					 drivers, limousine drivers, and other persons with current and valid rights
					 issued by the Authority on December 3, 2011, shall maintain those rights
					 through the Authority consistent with this part and the act.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1001 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1001.2 - Scope of subpart and severability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subpart governs practice and
					 procedure before the Authority, and is intended to supplement 2 Pa.C.S.
					 (relating to administrative law and procedure) and 1 Pa. Code Part II (relating
					 to General Rules of Administrative Practice and Procedure).
(b) The provisions of every section,
					 subsection or other division of this part are severable. If any provision of
					 any section, subsection or other division of this part or the application
					 thereof to any person or circumstance is held invalid, the remainder of the
					 section, subsection or other division, and the application of that provision to
					 other persons or circumstances, will not be affected thereby, unless a court
					 finds that the valid provisions of the section, subsection or other division
					 are so essentially and inseparably connected with, and so depend upon, the void
					 provision or application, that it cannot be presumed the Authority would have
					 promulgated the remaining valid provisions without the void one; or unless the
					 court finds that the remaining valid provisions, standing alone, are incomplete
					 and are incapable of being executed in accordance with the legislative
					 intent.
(c) Subsection (a)
					 supersedes 1 Pa. Code §
											31.1 (relating to scope of
					 part).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1001 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1001.3 - Liberal construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
					 subpart shall be liberally construed to secure the just, speedy and inexpensive
					 determination of every action, proceeding or issue presented to which it is
					 applicable. The Authority or presiding officer at any stage of an action or
					 proceeding may disregard an error or defect of procedure which does not affect
					 the substantive rights of the parties.
(b) The singular includes the plural, and the
					 plural, the singular. Words used in the masculine gender include the feminine
					 and neuter. Words used in the past or present tense include the
					 future.
(c) The Authority or
					 presiding officer at any stage of an action or proceeding may waive a
					 requirement of this subpart when necessary or appropriate, if the waiver does
					 not adversely affect a substantive right of a party.
(d) These liberal construction provisions
					 apply with particularity in proceedings involving pro se litigants.
(e) Subsection (a) supersedes 1 Pa. Code
					 §
											31.2 (relating to liberal
					 construction).