reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › BUILDING ENERGY CONSERVATION STANDARDS FOR RECEIPT OF UTILITY SERVICE › Section 69.107 - Exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A public
					 utility is exempt from §
											§
											69.103-69.106 (relating to utilities to
					 require receipt of compliance certification copy of notice of intent to
					 construct; reliance upon compliance certification copy; effect of reliance;
					 service to certain residential buildings prohibited; and record retention), for
					 an application for electric service to or for a residential building which is
					 located in a municipality which has elected under sections 501 and 502 of the
					 act (35 P. S. §
												§
												7201.501 and
					 7201.502) to administer the
					 act and which requires that a notice of intent to construct be filed with the
					 municipality prior to or at the time that a building permit is applied
					 for.
(b) A public utility is exempt
					 from §
											§
											69.103-69.106, if in the utility's
					 judgment, strict compliance may jeopardize the public health or safety or
					 impose an undue hardship. In this event, the utility shall notify the
					 Department or the municipality, in writing, of the exemption.
The provisions of this §
													69.107 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														308,
						  501,
						  1501 and
						  1704; amended under the
						  Public Utility Code,
						  66 Pa.C.S. §
														§
														308,
						  331,
						  501,
						  1501 and
						  1704.
This section cited in 52 Pa. Code §
													69.101 (relating to definitions);
						  52 Pa. Code §
													69.102 (relating to scope); 52 Pa.
						  Code §
													69.103 (relating to utilities to
						  require receipt of compliance certification copy of notice of intent to
						  construct); and 52 Pa. Code §
													69.105 (relating to service to
						  certain residential buildings
						  prohibited).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › BUILDING ENERGY CONSERVATION STANDARDS FOR RECEIPT OF UTILITY SERVICE › Section 69.131-69.145 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › BUILDING ENERGY CONSERVATION STANDARDS FOR RECEIPT OF UTILITY SERVICE › Section 69.153-69.168 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT INTERPRETING TERMS INCLUDED IN 66 PA.C.S.Section 1326 › Section 69.169 - Definitions-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, used in
						66 Pa.C.S. §
												1326
						(relating to standby charge prohibited), have the following meanings:
Residential structure
-A building which
						contains only individually metered dwelling units intended for human
						habitation.
Standby charge
-The charge for the
						availability of water supply during fire emergencies. Costs for the upsizing of
						company-owned service lines and meters, for the installation of additional
						lines and for backflow prevention devices are not standby charges for purposes
						of residential sprinkler systems, and these costs shall be borne by the
						applicant for service on a one-time basis.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › UNIFORM STANDARDS FOR BROKERS AND MARKETERS › Section 69.195 - Fitness of natural gas marketer or broker (including an LDC's affiliate)

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Fitness
					 of brokers and marketers.
(1) Unless
					 otherwise stated, the phrase marketers or brokers, or both, includes all local
					 distribution company (LDC) affiliates, subsidiaries, parents, divisions, and
					 the like providing gas supply to the respective LDC's customers.
(2) To retain reliable service when the gas
					 industry unbundles, the Commission seeks to insure that brokers and marketers
					 operating in this Commonwealth possess the financial or technical, or both,
					 fitness necessary to meet their obligations consistent with the public interest
					 in system reliability and gas supplies. As assurance of the continuation of
					 reliable service and secure supplies is a prerequisite for opening
					 Pennsylvania's gas markets to full retail competition, both new and incumbent
					 providers of gas should be fully capable of providing reliable service and
					 supplies.
(3) The LDCs should
					 address the issue of financial and technical fitness in their tariffs, in
					 consultation with marketers or brokers, to assure the reliability of supplies
					 to the end user and the public interest in system reliability. The LDCs should
					 also address the matter of enforcement in any tariff, developed in consultation
					 with customers, marketers or brokers, submitted in adherence to this
					 section.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON NUCLEAR FUEL PROCUREMENT GUIDELINES › Section 69.202 - Organization and operation of utility staff involved in nuclear fuel procurement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 utility should maintain an appropriate staff to adequately fulfill its
					 responsibility to procure nuclear fuel at the lowest reasonable cost. The
					 utility should be prepared to solicit and handle competent bids and investigate
					 these potential sources for ability to fulfill contracts.
(b) A utility should have a detailed
					 organization chart of the personnel involved in nuclear fuel procurement, with
					 a key official designated to act as liaison with the Commission. A utility
					 should maintain written job descriptions for personnel, as well as formal
					 policies and procedures pertaining to the nuclear fuel procurement process.
					 These should be retained by the utility in the event of Pennsylvania Public
					 Utility Commission review.
(c)
					 Utility personnel in a position to influence nuclear fuel procurement decisions
					 should be prohibited from having either direct or indirect ties or affiliations
					 with the utility's nuclear fuel suppliers. A utility should take appropriate
					 steps to ensure that personnel making procurement decisions have no conflicting
					 interests or affiliations, or the appearance of conflict.
This section cited in 52 Pa. Code §
													69.201 (relating to general); 52
						  Pa. Code §
													69.205 (relating to purchasing
						  procedures); and 52 Pa. Code §
													69.206 (relating to inventory
						  management).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON NUCLEAR FUEL PROCUREMENT GUIDELINES › Section 69.203 - Nuclear fuel and power planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A utility's nuclear fuel strategy should keep abreast of technological
					 improvements which would provide reliable fuel at the lowest reasonable cost
					 with maximum flexibility.
(b) A
					 utility should maintain a written nuclear fuel procurement and management plan.
					 The plan should include consideration of overall procurement goals as well as
					 the procurement and overall fuel management strategies established to achieve
					 those goals. Specific strategic elements to be considered include supply
					 reliability, inventory management, competitive bidding, the use of multiple
					 suppliers, contracting practices, and the like.
This section cited in 52 Pa. Code §
													69.201 (relating to general); 52
						  Pa. Code §
													69.205 (relating to purchasing
						  procedures); and 52 Pa. Code §
													69.206 (relating to inventory
						  management).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON NUCLEAR FUEL PROCUREMENT GUIDELINES › Section 69.204 - Financing of nuclear fuel acquisitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A utility should have a written policy
					 setting forth economic and other conditions under which different methods of
					 financing-leasing or owning-nuclear fuel should be utilized.
(b) A utility should perform an economic
					 analysis in conjunction with nuclear fuel financings. The analysis should
					 include a study of financing costs for owning versus leasing nuclear fuel and
					 the impact on the utility's overall revenue requirements under both
					 alternatives. The method of rate recovery of nuclear fuel costs should not be a
					 primary factor when deciding to own or lease nuclear fuel.
(c) A utility should document the economic
					 analyses required to comply with this section. These documents should be
					 retained by the utility in accordance with the Federal Energy Regulatory
					 Commission's Record Retention Table and made available in the event of
					 Pennsylvania Public Utility Commission's review.
This section cited in 52 Pa. Code §
													69.201 (relating to general); 52
						  Pa. Code §
													69.205 (relating to purchasing
						  procedures); and 52 Pa. Code §
													69.206 (relating to inventory
						  management).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON NUCLEAR FUEL PROCUREMENT GUIDELINES › Section 69.205 - Purchasing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General guidelines
. The Pennsylvania Public Utility Commission
					 (Commission) recommends that a utility adopt the following general nuclear fuel
					 purchasing guidelines:
(1) A balance of
					 long-term, short-term and spot purchases should be utilized if possible and
					 economic to maximize the utility's flexibility in its nuclear fuel procurement
					 practices. This balance can provide a reasonably stable supply while allowing
					 the utility the option of taking advantage of changing market
					 conditions.
(2) Suppliers should be
					 selected on the basis of the best evaluated bid, as collectively determined
					 from reliability, quality of service and pricing considerations. A utility
					 should use its own staff in seeking and qualifying adequate nuclear fuel
					 suppliers and should minimize the use of brokers, except if the use of brokers
					 is consistent with the basic nuclear fuel procurement policy of obtaining
					 nuclear fuel at the lowest reasonable price.
(3) A utility should maintain documentation
					 of reasons for selection of any bid on file in accordance with the Federal
					 Energy Regulatory Commission's Record Retention Table. Commission staff may
					 inspect this documentation as deemed necessary.
(4) A utility should actively seek and
					 maintain a reasonable number of acceptable suppliers from which to solicit
					 bids. This supplier list should be updated frequently.
(5) Utilities should consider sealed bids on
					 large orders.
(6) A utility's
					 verbal agreements, including telephone conversations relating to nuclear fuel
					 price and quantity, should be formalized by letter or log confirming details of
					 the agreement.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON NUCLEAR FUEL PROCUREMENT GUIDELINES › Section 69.206 - Inventory management

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 utility should have a written policy stating its nuclear fuel inventory
					 management objectives. The policy should include inventory target levels,
					 ordering points or cycles, and the like.
(b) The term "inventory," for the purpose of
					 this section, §
											§
											609.201-69.205 and 69.207, includes
					 uranium in the form of U3O8 or
					 natural and enriched UF6 in process or in storage and
					 all other uranium which is already processed but not in the reactor-for
					 example, fabricated fuel assemblies-and held in storage.
(c) The inventory management objectives
					 should be reevaluated annually for conformance with supply and demand
					 conditions as they exist in the nuclear fuel marketplace. The written inventory
					 management objectives should be revised if it is determined through the
					 reevaluation process, that the objectives are not synchronized with current
					 market conditions.
(d) A utility
					 has an obligation to its ratepayers to maintain its nuclear fuel inventory at a
					 level which achieves optimum fuel cost savings without endangering normal plant
					 operations. When determining the proper inventory level, the use of innovative
					 core design solutions to accommodate the unexpected loss of nuclear fuel
					 assemblies should be considered.
(e) A utility will be expected to justify,
					 for recovery purposes, the costs associated with carrying excess levels of
					 inventory. Excess inventory levels are defined as those levels which exceed the
					 quantity necessary to satisfy, per licensed nuclear generating unit, one
					 standard reload in process, that is, conversion, enrichment or fabrication.
					 Completely fabricated fuel assemblies should be held in storage no longer than
					 4 months before they are loaded into the reactor. The Pennsylvania Public
					 Utility Commission (Commission) recognizes that nuclear fuel inventories in
					 excess of the levels in this subsection are occasionally necessary and proper.
					 The utility shall be able to cost justify the excess amounts. A demonstrable,
					 extraordinary operational requirement or nuclear fuel market situation may
					 provide an instance where excess inventory levels could be deemed
					 proper.
(f) Pertinent data, related
					 to this subsection, should be retained by the utility in accordance with the
					 Federal Energy Regulatory Commission's Record Retention Table and made
					 available for Commission review upon request.
This section cited in 52 Pa. Code §
													69.201 (relating to general); and
						  52 Pa. Code §
													69.205 (relating to purchasing
						  procedures).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON PLAIN LANGUAGE GUIDELINES › Section 69.251 - Plain language-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The Commission
					 recommends that public utilities adopt the following guidelines for written
					 material provided to residential customers. Each utility shall designate
					 appropriately trained staff persons to serve as liaisons to the Bureau of
					 Consumer Services regarding this policy statement. Companies shall conduct
					 field tests, use consumer advisory panels or focus groups to prepare plain
					 language materials for Commission review. The Bureau of Consumer Services will
					 selectively review the materials prior to final company publication and mailing
					 to residential customers.
(1) In preparing
					 information, the utility shall include use of the following:
(i) Short sentences.
(ii) Active voice rather than passive
					 voice.
(iii) Personal
					 pronouns.
(iv) Definition of
					 necessary terms that are technical and not commonly understood.
(v) Clear section headings which accurately
					 describe the information that follows.
(vi) Separate listing of each condition of
					 any agreement, offer or requirement.
(vii) Commonly understood words.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON CUSTOMER ASSISTANCE PROGRAMS › Section 69.261 - General

Current through Register Vol. 54, No. 28, July 13, 2024
CAPs are designed as alternatives to traditional
						collection methods for low-income customers. Customers participating in CAPs
						agree to make monthly payments based on household size and gross household
						income. CAP customers make regular monthly payments, which may be for an amount
						that is less than the current tariff bill for utility service including pre-CAP
						arrearages, in exchange for continued provision of the service. Class A
						electric utilities and natural gas utilities with gross intrastate annual
						operating revenue in excess of $40 million should adopt the guidelines in
						§
											§
											69.263-69.265 (relating to CAP
						development; scope of CAPs; and CAP design elements) implementing residential
						CAPs.
This section cited in 52 Pa. Code §
													69.262 (relating to definitions);
						  52 Pa. Code §
													69.263 (relating to CAP
						  development); and 52 Pa. Code §
													69.267 (relating to alternative
						  program designs).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON CUSTOMER ASSISTANCE PROGRAMS › Section 69.262 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in §§
											69.261,
						69.263-69.267 and this section, have the
						following meanings, unless the context clearly indicates otherwise:
Alternative program designs
-Program
						designs which include traditional utility collection methods, alternative
						collection approaches that do not include a CAP and CAP designs which
						substantially deviate from this chapter.
CAP
-Customer Assistance Program.
CBO
-Community-based organization.
EDC-Electric distribution company
-An
						electric distribution company as defined in
						66 Pa.C.S. §
												2803
						(relating to definitions).
FPIG-Federal Poverty Income
						Guidelines
-The income levels published annually in the
Federal
						Register
by the United States Department of Health and Human
						Services.
Household income
-The combined gross
						income of all adults in a residential household who benefit from the public
						utility service, as defined in
						66 Pa.C.S. §
												1403
						(relating to definitions).
LIHEAP-Low Income Home Energy Assistance
						Program
-A Federally funded program, administered in this Commonwealth
						by the Department of Human Services, which provides financial assistance grants
						to low-income households for home energy bills.
Low-income customers
-A residential
						utility customer whose annual gross household income is at or below 150% of the
						FPIG.
Low-income payment-troubled
						customers
-Low-income customers who have arrears or failed to maintain
						one or more payment arrangements.
NGDC-Natural gas distribution company
-A
						natural gas distribution company as defined in
						66 Pa.C.S. §
												2202
						(relating to definitions).
USAC-Universal Service Advisory
						Committee
-A group of interested stakeholders who meet at least
						semiannually, receive universal service program updates and provide feedback on
						proposed utility initiatives.
USECP-Universal Service and Energy Conservation
						Plan
-A plan that contains the utility's universal service programs as
						approved by the Commission.
This section cited in 52 Pa. Code §
													69.263 (relating to CAP
						  development); and 52 Pa. Code §
													69.267 (relating to alternative
						  program designs).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON CUSTOMER ASSISTANCE PROGRAMS › Section 69.263 - CAP development

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 utility should develop and strive to improve its CAP consistent with the
					 guidelines provided in §
											§
											69.261, 69.262, 69.264-69.267 and
					 this section.
(b) The Bureau of
					 Consumer Services will work with the utility in CAP development. USACs and
					 other interested stakeholders may assist the utility.
(c) Before implementing, revising or
					 expanding a CAP, a utility should file its CAP proposal with the Commission and
					 serve copies on the Bureau of Consumer Services and on stakeholders from the
					 utility's most recent USECP proceeding. This will allow for staff review,
					 comments, discovery and revisions prior to Commission approval of design
					 elements. This review is not for ratemaking purposes, and the rate consequences
					 of any CAP will be addressed within the context of subsequent Commission rate
					 proceedings as described in §
											69.266 (relating to cost
					 recovery).
This section cited in 52 Pa. Code §
													69.261 (relating to general); 52
						  Pa. Code §
													69.262 (relating to definitions);
						  and 52 Pa. Code §
													69.267 (relating to alternative
						  program designs).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON CUSTOMER ASSISTANCE PROGRAMS › Section 69.264 - Scope of CAPs

Current through Register Vol. 54, No. 28, July 13, 2024
CAPs should be targeted to low-income customers. The
						participation limit for CAP should reflect a needs assessment, consideration of
						the estimated number of low-income households in the utility's service
						territory, the number of participants currently enrolled in the CAP,
						participation rates for assistance programs and the resources available to meet
						the needs of the targeted population. A utility may use payment-troubled status
						to prioritize CAP enrollments and to control CAP costs if necessary and only if
						approved to do so by the Commission.
This section cited in 52 Pa. Code §
													69.261 (relating to general); 52
						  Pa. Code §
													69.262 (relating to definitions);
						  52 Pa. Code §
													69.263 (relating to CAP
						  development); and 52 Pa. Code §
													69.267 (relating to alternative
						  program designs).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON CUSTOMER ASSISTANCE PROGRAMS › Section 69.265 - CAP design elements

Current through Register Vol. 54, No. 28, July 13, 2024
The following design elements should be included in a
						CAP:
(1)
Program
					 funding
. Program funding should be derived from the following sources:
(i) Payments from CAP participants.
(ii) Operations and maintenance expense
					 reductions.
(iii) Universal service
					 funding mechanism for EDCs and NGDCs.
(iv) Other sources as may be approved by the
					 Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON CUSTOMER ASSISTANCE PROGRAMS › Section 69.266 - Cost recovery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 evaluating utility CAPs for ratemaking purposes, the Commission will consider
					 both revenue and expense impacts. Revenue impact considerations include a
					 comparison between the amount of revenue collected from CAP participants prior
					 to and during their enrollment in the CAP. CAP expense impacts include both the
					 expenses associated with operating the CAPs as well as the potential decrease
					 of customary utility operating expenses. Operating expenses include the return
					 requirement on cash working capital for carrying arrearages, the cost of credit
					 and collection activities for dealing with low income negative ability to pay
					 customers and uncollectible accounts expense for writing off bad debt for these
					 customers. When making CAP-related expense adjustments and projections,
					 utilities should indicate whether a customer's participation in a CAP produced
					 an immediate reduction in customary utility expenses and a reduction in future
					 customary expenses pertaining to that account.
(b) In rate cases, parties may raise the
					 issue of recovery of CAP costs, whether specifically or as part of universal
					 service program costs in general, from all ratepayer classes. No rate class
					 should be considered routinely exempt from CAP and other universal service
					 obligations.
This section cited in 52 Pa. Code §
													69.262 (relating to definitions);
						  52 Pa. Code §
													69.263 (relating to CAP
						  development); and 52 Pa. Code §
													69.267 (relating to alternative
						  program designs).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ON CUSTOMER ASSISTANCE PROGRAMS › Section 69.267 - Alternative program designs

Current through Register Vol. 54, No. 28, July 13, 2024
Alternative program designs that differ from §
											§
											69.261-69.266 and this section may reduce
						uncollectible balances and may provide low-income customers with needed
						assistance. These programs may be acceptable if the utility can provide support
						for design deviations. Before implementing an alternative program design, the
						utility should submit its proposal including an evaluation plan as described in
						§
											69.265(13) 
						(relating to CAP design elements) to the Bureau of Consumer Services for
						review. Thereafter, if the utility determines to proceed with proposing the
						alternative program design, it will need to file and serve the proposed
						alternative program design as it would a proposed USECP that conforms to this
						policy statement. The proposed alternative program design should not be
						implemented until it has received Commission approval.
This section cited in 52 Pa. Code §
													69.262 (relating to definitions);
						  and 52 Pa. Code §
													69.263 (relating to CAP
						  development).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › CLEAN AIR ACT EMISSIONS ALLOWANCES › Section 69.291 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Electric utilities are subject to stringent emission
						reduction requirements under section 401 of the Clean Air Act Amendments of
						1990 (CAAA) (42 U.S.C.A.
						§
												7651). An innovative market-based
						system for the trading of allowances for the emission of sulfur dioxide was
						established under the CAAA in order to substantially reduce the cost of
						compliance with the Clean Air Act (See
						42 U.S.C.A. §
												7651b(b)). Because of the
						importance of allowance trading to the cost-effective implementation of the
						CAAA, the Commission promulgated the guidelines in this section and §
											§
											69.292-69.294 to help facilitate a liquid
						allowance trading market.
This section cited in 52 Pa. Code §
													69.292 (relating to
						  definitions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › CLEAN AIR ACT EMISSIONS ALLOWANCES › Section 69.292 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in §
											69.291, this section and §
											§
											69.293 and
						69.294, have the following
						meanings, unless the context clearly indicates otherwise:
Allowance
-An authorization, allocated to
						an affected utility by the Administrator of the United States Environmental
						Protection Agency or the Administrator's authorized representative to emit up
						to 1 ton of sulfur dioxide during a specified calendar year.
Allowance futures
-The negotiation of
						agreements among parties for the sale and purchase of allowances sometime in
						the future.
Allowance options
-A contract that
						conveys the right but not the obligation, to buy or sell allowances at a
						certain price for a limited time. Only the seller of the option is obligated to
						perform.
Allowance pool
-An agreement by two or
						more utilities whereby the allocation of allowances is divided among the pool
						members.
Banked allowances
-Allowances held in
						reserve for future use.
Below-the-line
-Revenues and expenses
						that are not associated with utility operations and which are not used to
						establish rates.
Clean Air Act Compliance Plans
-With
						regard to the 1990 Clean Air Act Amendments, this term refers to actions which
						a utility plans, prepared incompliance with
						66 Pa.C.S. §
												530
						(relating to Clean Air Act implementation plans), to reduce
						SO2 emissions.
This section cited in 52 Pa. Code §
													69.291 (relating to
						  general).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › CLEAN AIR ACT EMISSIONS ALLOWANCES › Section 69.293 - Regulatory oversight of emission allowance trading

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approval of compliance
					 plans.
(1) The Commission will, upon
					 request, review a jurisdictional utility's proposed CAAA compliance plan under
					 66 Pa.C.S. §
													530
					 (relating to Clean Air Act implementation plans), including planned sales or
					 purchases of emission allowances. Absent special circumstances, the Commission
					 will not approve specific transactions. A proposed plan shall detail the
					 analysis used by the utility to derive its plan and the alternatives considered
					 with enough specificity to permit reasonable evaluation. In addition, the
					 Commission may require that companies supply specific information to support
					 these plans.
(2) If a utility
					 chooses not to have its compliance plan approved, the plan will only be
					 reviewed in the context of a subsequent base rate or other proceeding in which
					 that utility seeks recovery of its compliance costs.
(3) Public utilities are not required to
					 obtain certificates of public convenience under
					 66 Pa.C.S. §
													1102
					 (relating to enumeration of acts requiring certificate) to engage in emissions
					 allowances transactions.
(4)
					 Emissions allowances transactions, including the purchase and sale of emissions
					 allowances, allowance options and future contracts, do not constitute the
					 issuance or assumption of securities within the meaning of
					 66 Pa.C.S. §
													1901(b) and
					 (c) (relating to registration of securities
					 to be issued or assumed) and therefore no registration of a securities
					 certificate is required.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › CLEAN AIR ACT EMISSIONS ALLOWANCES › Section 69.294 - Ratemaking treatment of emission allowances

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Valuation
. Emission
					 allowances will be valued at original costs for ratemaking purposes. Allowances
					 allocated by the Environment Protection Agency have a "zero" cost; while
					 purchased allowances will be valued at their full purchase price inclusive of
					 broker fees or at fair market value if purchased as part of equipment, fuel or
					 power-purchase transactions.
(b)
Ratemaking treatment
. Emissions allowances will be treated as
					 fuel inventory for ratemaking purposes and will be included in the rate base
					 consistent with the Commission's practice for operating inventory items.
					 Allowances in inventory will earn a return in the same way as other rate base
					 investments.
(c)
Energy
					 cost rate treatment
. Emission allowances are energy-related power
					 production expenses during the period in which they are used. Allowances may be
					 recoverable through the utility's energy cost rate (ECR). Gains or losses on
					 emissions allowance transactions will be flowed through to customers in the ECR
					 on an energy (KWH) basis unless the gains or losses are related to nonutility
					 expenses or investments and are recorded below-the-line.
This section cited in 52 Pa. Code §
													69.291 (relating to general); 52
						  Pa. Code §
													69.292 (relating to definitions);
						  and 52 Pa. Code §
													69.293 (relating to regulatory
						  oversight of emission allowance
						  trading).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › PUBLIC INPUT HEARINGS IN RATE PROCEEDINGS › Section 69.321 - Public input hearings in rate proceedings-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to the
					 holding of an initial hearing in a rate case, information received by the
					 Commission indicating public concern shall be directed to the Bureau of
					 Consumer Services of the Commission. This information will be made available to
					 the Office of Administrative Law Judge.
(b) If the Commission determines that
					 substantial public interest in a rate proceeding has been shown, at least one
					 public input hearing will be held in the utility's service area.
(c) To allow an opportunity for the complete
					 airing of concerns expressed or issues raised by consumers, public input
					 sessions should be held as early as is practical during the course of the
					 proceeding.
(d) At the start of
					 each public input hearing, the presiding officer will provide a short, clear
					 and specific statement describing the ratemaking process; the history of the
					 particular case to date; future progress of the case; and an explanation of the
					 following consumers' options at the hearing:
(1) To testify formally in the case, upon
					 oath or affirmation, and be subject to cross-examination.
(2) To make unsworn or unaffirmed statements
					 at the hearing. These statements may be "off the record" and will not be
					 subject to cross-examination, will not be transcribed by the court stenographer
					 and will not be considered by the presiding officer in the recommended
					 decision.
(3) Not to testify at the
					 public input session but to provide information to the Commission's Office of
					 Trial Staff attorney assigned to the case, the Consumer Advocate and the Small
					 Business Advocate for possible use by them in the hearings at their
					 discretion.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › RECOVERY OF FERC ORDER 636 TRANSITION COSTS-STATEMENT OF POLICY › Section 69.341 - Recovery of transition costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 On April 8, 1992, the Federal Energy Regulatory Commission (FERC) issued its
					 Final Rule in Pipeline Service Obligations and Revisions to Regulations
					 Governing Self-Implementing Transportation Under Part 284 of the Commission's
					 Regulations (Docket No. RM91-11-000); and Regulation of Natural Gas Pipelines
					 After Partial Wellhead Decontrol (Docket No. RM87-34-065).
(b) FERC recognized that to implement the
					 requirements of the new rules, the pipelines would likely incur certain costs.
					 The costs to effectuate the restructuring have been generically referred to as
					 "transition" costs.
(1) FERC Account 191
					 transition costs are costs which shall be considered as "natural gas" costs
					 within the meaning of that term as used in
					 66 Pa.C.S. §
													1307(f) (relating to sliding
					 scale of rates; adjustments). Consequently, FERC Account 191 transition costs
					 may be presented as a claim in the purchased gas cost proceedings of local gas
					 distribution companies (LDCs) subject to the statutory and regulatory
					 procedures applicable to gas cost rate proceedings, generally.
See
					 National Fuel Gas Distribution Corporation v. Pennsylvania Public Utility
					 Commission
, 137 Pa. Commw. 621, 587 A.2d 54 (1991).
(2) The Commission concludes that transition
					 costs in the nature of Gas Supply Realignment Costs (GSR costs) are not natural
					 gas costs for purposes of recovery under
					 66 Pa.C.S. §
													1307(f).
(3) The Commission concludes that transition
					 costs in the nature of "stranded costs" are not natural gas costs subject to
					 recovery under
					 66 Pa.C.S. §
													1307(f).
(4) The Commission concludes that costs
					 related to new facilities to implement FERC restructuring brought about by FERC
					 Order 636 may be natural gas costs subject to recovery through gas cost rate
					 procedures.
(5) The Commission will
					 permit LDCs the opportunity for the full recovery of transition costs in the
					 nature of GSR costs and stranded costs through the filing of a tariff or tariff
					 supplement under
					 66 Pa.C.S. §
													1307(a) or § 1308
					 (relating to voluntary changes in rates). Each filing will be evaluated on a
					 case-by-case basis.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › RECOVERY OF FERC ORDER 636 TRANSITION COSTS-STATEMENT OF POLICY › Section 69.343 - Capacity release on interstate gas pipelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission encourages its
					 jurisdictional local distribution companies (LDCs) to efficiently utilize
					 interstate pipeline capacity as a valuable resource for those retail and
					 transportation customers desirous of the capacity. The Pennsylvania LDCs should
					 strive to utilize interstate pipeline capacity as efficiently as possible and
					 to assist in the development of a competitive natural gas market including
					 efficient capacity release programs. With the advent of Federal Energy
					 Regulatory Commission (FERC) Order No. 636, the Commission encourages the LDCs
					 to do the following:
(1) Engage in integrated
					 resource planning to acquire and maintain adequate levels of interstate
					 pipeline capacity to serve the anticipated firm requirements desired by its
					 retail and transportation customers.
(2) To the fullest extent legally permissible
					 under FERC Rules and Regulations, maintain the LDC's contractual rights to
					 necessary interstate pipeline capacity while mitigating the costs associated
					 with the capacity through marketable assignments, brokering arrangements,
					 capacity sharing arrangements, prearranged deals and buy/sell
					 transactions.
(3) Seek to improve
					 capacity utilization on a year-round basis through higher load factor
					 consumption consistent with integrated resource planning.
(4) Work with customers, including other
					 energy suppliers such as electric utilities and independent power producers,
					 through prearranged deals and capacity release to share interstate pipeline
					 capacity consistent with integrated resource planning nondiscriminatory open
					 access requirements and where these arrangements provide mutual benefits to
					 Pennsylvania's electric and gas retail and transportation customers.
(5) Provide nonrecallable interstate pipeline
					 capacity releases for the periods of time-monthly or greater-when there is
					 capacity in excess of the anticipated firm requirements desired by the LDC's
					 retail and transportation customers and available back to the LDC only under a
					 State-approved curtailment program.
(6) Provide recallable interstate pipeline
					 capacity releases when capacity may be available that exceeds the LDC's
					 short-term capacity necessary to meet the LDC's anticipated firm requirements
					 of its retail and transportation customers.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › IMPLEMENTATION OF SFAS 106 › Section 69.351 - Implementation of Statement of Financial Accounting Standards for Rule No. 106 (SFAS 106)-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Effective with financial statements for
					 fiscal years beginning after December 15, 1992, SFAS 106 provides the generally
					 accepted accounting principles to be used by large companies in accounting for
					 post-retirement benefits other than pensions (OPEBs). Up to now, companies
					 which provided OPEBs for their employers used the pay-as-you-go (cash) basis.
					 Each year a company would record on its books the actual cash paid for
					 OPEBs.
(b) SFAS 106 operates on the
					 premise that post-retirement benefits are a form of deferred compensation
					 whereby an employer promises to exchange future benefits for current service.
					 SFAS 106 requires companies to switch to the accrual method of accounting for
					 OPEBs. As guidance to utilities wishing to implement SFAS 106, the Commission
					 provides the following guidelines regarding the rulemaking treatment of OPEBs:
(1) Each jurisdictional utility which has
					 satisfied the appropriate customer notice requirements, presented sufficient
					 documentation to support its SFAS 106 cost estimates and presented sufficient
					 cost containment measures, may seek formal Commission approval to record on its
					 books a regulatory asset pursuant to SFAS 71 equal to the difference between
					 its current rate recognition of OPEB costs and its accrued liability for the
					 expenses under SFAS 106 subject to recovery in future rate proceedings to the
					 extent that the costs are prudently incurred and demonstrated to be
					 reasonable.
(2) The funding of a
					 dedicated trust for the deferred amounts is not required at this time. A
					 utility should maintain separate balance sheet accounts for both the accrued
					 liability and the regulatory asset along with sufficient records to allow a
					 detailed analysis of the accounts.
(3) The Commission intends to move
					 jurisdictional utilities to SFAS 106 accrual accounting for ratemaking purposes
					 within approximately 5 years and to allow the recovery in base rates of
					 deferred amounts in approximately 20 years, to the extent that OPEB costs are
					 prudently incurred and examined for reasonableness in a base rate proceeding
					 prior to rate recognition.
(4) If
					 the Commission, after examination, grants current rate recognition of OPEB
					 costs exceeding the pay-as-you-go amount, the excess amount should be placed in
					 a dedicated trust fund.
(5) The
					 Commission will monitor the development of changes in OPEB costs as a result of
					 both government policy changes and company cost containment
					 efforts.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › PENNVEST LOAN OBLIGATIONS FOR WATER AND SEWER COMPANIES-STATEMENT OF POLICY › Section 69.361 - General

Current through Register Vol. 54, No. 28, July 13, 2024
PENNVEST loans were established to provide funding to
						water and wastewater companies for improvements of drinking water and
						wastewater treatment facilities in this Commonwealth. The Commission is
						required to establish expedited practices, procedures and policies to
						facilitate and accomplish repayment of the loan obligations. See section 14 of
						the PENNVEST Act (35 P. S. §
												751.14).
						Companies with outstanding PENNVEST loans not currently reflected in rates and
						companies that will receive PENNVEST loans in the future are encouraged to
						establish under
						66 Pa.C.S. §
												1307(a) (relating to sliding
						scale of rates; adjustments) and subject to Commission approval, an automatic
						adjustment by means of a sliding scale of rates limited solely to the recovery
						of PENNVEST principal and interest obligations, instead of seeking recovery of
						these amounts under
						66 Pa.C.S. §
												1308
						(relating to voluntary changes in rates) base rate filing.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › PENNVEST LOAN OBLIGATIONS FOR WATER AND SEWER COMPANIES-STATEMENT OF POLICY › Section 69.362 - 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:
DEP
-The Department of Environmental
						Protection of the Commonwealth.
Obligations
-Bonds, notes, loans or other
						evidences of indebtedness issued by PENNVEST.
PENNVEST
-The Pennsylvania Infrastructure
						Investment Authority.
PENNVEST Act
-The Pennsylvania
						Infrastructure Investment Authority Act (35 P. S. §
												§
												751.1-751.20).