APPENDIX TO TITLE 66

PUBLIC UTILITIES

Supplementary Provisions of Amendatory Statutes

1980, JUNE 19, P.L.244, NO.69

Preamble

The General Assembly finds that the taxicab service now available in first class cities from holders of certificates of public convenience which have previously been issued by the Pennsylvania Public Utility Commission under the provisions of 66 Pa.C.S. Chapter 11 (relating to certificates of public convenience) is wholly inadequate to meet the needs of the public in that city and county. It further finds that the number of taxicabs which are necessary and proper to provide adequate service to the public in cities of the first class is 1,400 taxicabs having authority to operate throughout such cities. It further finds that in order to remedy the present inadequacy of taxicab service the Pennsylvania Public Utility Commission should be authorized and directed to issue promptly such additional certificates as are necessary to insure that 1,400 taxicabs having authority to operate throughout cities of the first class are available to the public.

Explanatory Note. Act 69 added section 1103(c) and (d) of Title 66.

§ 2. Taxicab service in first class cities.

Upon the effective date of this act, every certificate of public convenience for taxicab service in any city of the first class heretofore or hereinafter issued by the Pennsylvania Public Utility Commission shall be deemed a single, sole certificate of public convenience for taxicab service for the operation of one vehicle in such service. Every present holder of a certificate of public convenience for taxicab service in a city of the first class shall be entitled to automatically receive, from the commission, the number of individual certificates of public convenience which will correspond to the total number of vehicles permitted to be operated under their respective certificates of public convenience in effect prior to the effective date of this amendatory act. Leases of taxicabs will be covered by any existing or expiring collective bargaining agreement between the lessor-holder of franchise and any labor organization.

§ 3. Annual reports to committees of General Assembly.

The Pennsylvania Public Utility Commission shall report to the Senate and House Consumer Affairs Committees within one year after the effective date of this act, and annually thereafter, the number of certificates of public convenience to provide taxicab service in cities of the first class which are then in effect and how many applications for such certificates are then awaiting disposition by the commission.

§ 4. Effective date and applicability.

Except for 66 Pa.C.S. § 1103(c)(4), which shall take effect in 30 days, the remainder of this act shall take effect immediately. This act applies to all pending applications and those to be filed as of the effective date of this act. It is mandatory, however, that every taxi operated in the city be linked to a central radio service.

1982, DECEMBER 30, P.L.1473, NO.335

§ 2. Applicability.

This act shall take effect immediately and shall be applicable to all proceedings pending before the Public Utility Commission and the courts at this time. Nothing contained in this act shall be construed to modify or change existing law with regard to rate making treatment of investment in facilities of fixed utilities other than electric utilities.

Explanatory Note. Act 335 added section 1315 of Title 66.

1984, MAY 31, P.L.370, NO.74

§ 5. Applicability.

The provisions of this act shall be applicable to each natural gas distribution utility under commission jurisdiction. The commission shall adopt regulations prescribing the method by which utilities are to reflect the gas costs previously collectible under the provisions of 66 Pa.C.S. § 1307(a) and (b) (relating to sliding scale of rates; adjustments), so that the transition in methods of collection required by this act does not, of itself, necessitate base rate or 66 Pa.C.S. § 1307(f) filings.

(Dec. 21, 1984, P.L.1265, No.240, eff. imd.)

1984 Repeal Note. Act 240 repealed section 5 in part. The repealed provisions have been deleted from the text.

Explanatory Note. Act 74 added or amended sections 514, 1307, 1317, 1318 and 2107 of Title 66.

1984, JULY 6, P.L.602, NO.123

§ 5. Submission of cost estimate for units not completed.

In the case of construction of an electric generating unit begun, but not completed, prior to the effective date, the affected public utility shall, within 30 days after the effective date, submit an estimate of the cost of constructing that unit which was formulated no later than 30 days from the beginning of construction. For the purposes of 66 Pa.C.S. §§ 515 and 1308(f), such estimates shall be deemed to have been filed in accordance with section 515(a). The commission shall promulgate rules and regulations to implement sections 515 and 1308(f) as added by this act.

Explanatory Note. Act 123 added or amended sections 515, 1103, 1308 and 2503 of Title 66.

1984, DECEMBER 21, P.L.1265, NO.240

§ 7. Filing of tariffs.

Each natural gas distribution utility required to file a tariff in accordance with 66 Pa.C.S. § 1307(f) (relating to sliding scale of rates; adjustments) shall file such a tariff no later than March 1, 1985. Until such tariffs become effective in accordance with 66 Pa.C.S. § 1307(f), such utilities shall remain subject to the provisions of 66 Pa.C.S. § 1307 in effect prior to this amendatory act and the regulations issued by the commission pursuant to that section for natural gas distribution utilities.

Explanatory Note. Act 240 added the def. of "rate base" in section 102 and added or amended sections 514, 1302, 1307(a) and (f), 1308(a) and (d.1) and 1311 of Title 66.

1986, JULY 10, P.L.1238, NO.114

§ 12. Terms of office of current commission members.

Persons who are members of the Pennsylvania Public Utility Commission on the effective date of this act shall serve until their current terms have expired.

Explanatory Note. Act 114 added, amended or repealed sections 301(a), (b), (c) and (e), 305, 306, 308, 331(d), 332(h), 333(d), 510(a), 515, 516, 517(e), 522, 523, 524, 525, 526, 527, 1316, 1316.1, 1319, 1320, 1321, 1322, 1323, 1324, 1325 and 1505, the heading of Subchapter A of Chapter 29 and Subchapter B of Chapter 29 of Title 66.

§ 13. Continuation of current rules and regulations.

All rules and regulations promulgated by the Pennsylvania Public Utility Commission shall remain in full force and effect until amended or repealed by the commission, provided that the commission shall immediately initiate action to repeal or amend any rule or regulation which is in conflict with the provisions of this act.

§ 14. Reestablishment of Public Utility Commission.

This act, with respect to the Pennsylvania Public Utility Commission, constitutes the legislation required to reestablish an agency pursuant to the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act.

§ 15. Termination of Public Utility Commission.

The Pennsylvania Public Utility Commission shall continue, together with its statutory functions and duties, until December 31, 1991, when it shall terminate and go out of existence unless reestablished or continued by the General Assembly for an additional ten years. Evaluation and review, termination, reestablishment and continuation of the agency beyond December 31, 1991, and every tenth year thereafter, shall be conducted pursuant to the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act.

Explanatory Note. The termination date of December 31, 1991, is probably not effective since the Sunset Act expired December 22, 1991.

§ 16. Applicability to confirmation of commission members.

As much of the amendment to 66 Pa.C.S. § 301(a) as relates to the advice and consent of a majority of all the members of the Senate shall apply on and after the third Tuesday of January 1987.

1996, JULY 2, P.L.542, NO.94

Preamble

The General Assembly makes the following findings:

(1) Electric public utilities in Pennsylvania have entered into contracts with various nonutility project developers for the purchase of electric capacity or energy, or both, from nonutility projects, some of which are in operation and some of which have not yet been completed. Some of these contracts have been entered into voluntarily by such utilities. Others have been entered into pursuant to orders of the Pennsylvania Public Utility Commission. Such contracts were predicated, in each case, on avoiding the estimated costs the utility would have incurred but for the nonutility project. The utilities' payments under such contracts are and should continue to be recoverable from customers, as well as the utilities' payments pursuant to other arrangements which are negotiated, as provided for herein.

(2) Some nonutility generation projects have provided benefits to utilities, consumers and the economy.

(3) Some of the existing contracts for nonutility projects not yet completed may no longer be needed or justified based on present cost estimates. This is due to unanticipated and unforeseeable changes in economic factors as a result of which either the utility no longer needs the contract's electric capacity or energy or there are less expensive alternatives by which the utility could obtain such needed electric capacity or energy.

(4) From time to time it may be in the mutual interest of a nonutility project developer, or owner of an operating nonutility project, and a public utility to voluntarily negotiate reasonable arrangements to buy down, buy out and terminate or otherwise restructure existing contracts.

(5) Negotiated arrangements to buy down, buy out and terminate or otherwise restructure contracts with operating nonutility projects and contracts for unfinished projects may be in the public interest.

(6) The costs prudently incurred by utilities under a buyout, buydown or other restructuring arrangement should be recoverable from customers.

Explanatory Note. Act 94 amended section 527 of Title 66.

§ 2. Construction of act.

Nothing in this act shall be construed as:

(1) requiring an electric utility or a nonutility generating unit project to enter into an arrangement to buy down, buy out and terminate or otherwise restructure a contract; or

(2) authorizing the Pennsylvania Public Utility Commission to require a regulated utility to pursue such an arrangement with a nonutility generating unit project.

2004, JULY 16, P.L.758, NO.94

§ 20. Pennsylvania Public Utility Commission contracts.

The following provisions shall not apply to or affect the validity of any contract otherwise within the purview of such provisions entered into by the Pennsylvania Public Utility Commission prior to the effective date of this section:

(1) The reenactment of 53 Pa.C.S. § 5505(d)(23).

(2) The reenactment of 53 Pa.C.S. § 5508.1(o).

(2.1) The reenactment of 53 Pa.C.S. § 5508.2.

(3) The reenactment of 53 Pa.C.S. §§ 5510.1 through 5510.11.

(4) The reenactment, amendment or addition of 53 Pa.C.S. §§ 5701, 5701.1, 5702, 5703, 5704, 5705, 5706, 5707, 5711, 5712, 5713, 5714, 5715, 5716, 5717, 5718, 5719, 5720, 5721, 5722, 5723, 5724, 5725, 5741, 5741.1, 5742, 5743, 5744 and 5745.

(5) Section 19 of this act.

(6) Section 21 of this act.

(7) Section 22 of this act.

(8) Section 24 of this act.

Explanatory Note. Act 94 repealed sections 510(b)(5) and 1103(c) and Chapter 24 of Title 66.

§ 21. Preservation of rights, obligations, duties and remedies.

The following provisions do not affect any act done, liability incurred or right accrued or vested or affect any civil or criminal proceeding pending or to be commenced to enforce any right or penalty or punish any offense under any provision of law repealed by section 19 of this act:

(1) The reenactment of 53 Pa.C.S. § 5508.1(o).

(2) The reenactment of 53 Pa.C.S. § 5508.2.

(3) The reenactment of 53 Pa.C.S. §§ 5510.1 through 5510.11.

(4) The reenactment, amendment or addition of 53 Pa.C.S. §§ 5701, 5701.1, 5702, 5703, 5704, 5705, 5706, 5707, 5711, 5712, 5713, 5714, 5715, 5716, 5717, 5718, 5719, 5720, 5721, 5722, 5723, 5724, 5725, 5741, 5741.1, 5742, 5743, 5744 and 5745.

(5) The provisions of 66 Pa.C.S. §§ 510(b)(5) and 1103(c) and Ch. 24.

(6) Section 20 of this act.

(7) Section 22 of this act.

(8) Section 24 of this act.

§ 24. Publication in Pennsylvania Bulletin.

The Pennsylvania Public Utility Commission shall transmit notice of the entry into the agreement under section 22(4) of this act to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

2004, NOVEMBER 30, P.L.1578, NO.201

§ 4. Applicability.

The following shall apply:

(1) The addition of 66 Pa.C.S. Ch. 14 supersedes any inconsistent requirements imposed by law on public utilities, including, but not limited to, requirements imposed by 52 Pa. Code §§ 56.32, 56.33, 56.35, 56.41, 56.51, 56.53, 56.81, 56.82, 56.83, 56.91, 56.93, 56.94, 56.95, 56.96, 56.100, 56.101, 56.111, 56.112, 56.113, 56.114, 56.115, 56.116, 56.117, 56.181 and 56.191.

(2) All other regulations are abrogated to the extent of any inconsistency with 66 Pa.C.S. Ch. 14.

(3) All ordinances of any city of the first class are abrogated to the extent they are inconsistent with 66 Pa.C.S. Ch. 14.

Explanatory Note. Act 201 amended or added sections 102 and 308.1 and Chapter 14 of Title 66.

§ 5. Expiration.

The addition of 66 Pa.C.S. Ch. 14 shall expire on December 31, 2014, unless sooner reenacted by the General Assembly.

§ 6. Administration and enforcement of chapter.

The Pennsylvania Public Utility Commission shall amend the provisions of 52 Pa. Code Ch. 56 to comply with the provisions of 66 Pa.C.S. Ch. 14 and may promulgate other regulations to administer and enforce 66 Pa.C.S. Ch. 14, but promulgation of any such regulation shall not act to delay the implementation or effectiveness of this chapter.

2008, OCTOBER 15, P.L.1592, NO.129

Preamble

The General Assembly recognizes the following public policy findings and declares that the following objectives of the Commonwealth are served by this act:

(1) The health, safety and prosperity of all citizens of this Commonwealth are inherently dependent upon the availability of adequate, reliable, affordable, efficient and environmentally sustainable electric service at the least cost, taking into account any benefits of price stability over time and the impact on the environment.

(2) It is in the public interest to adopt energy efficiency and conservation measures and to implement energy procurement requirements designed to ensure that electricity obtained reduces the possibility of electric price instability, promotes economic growth and ensures affordable and available electric service to all residents.

(3) It is in the public interest to expand the use of alternative energy and to explore the feasibility of new sources of alternative energy to provide electric generation in this Commonwealth.

Explanatory Note. Act 129 amended, added or repealed sections 305, 306, 308, 308.2, 2803, 2806.1, 2806.2, 2807, 2811, 2813, 2814 and 2815 of Title 66.

2014, OCTOBER 22, P.L.2543, NO.155

§ 1. The General Assembly finds and declares as follows:

(1) Responsible utility customer protection is a fundamental goal of Title 66 of the Pennsylvania Consolidated Statutes for public utilities and licensed entities.

(2) Amendments to 66 Pa.C.S. Ch. 14 in this act are necessary to achieve the goal under paragraph (1).

(3) In order to implement paragraph (2), funding changes are necessary in:

(i) assessment for regulatory expenses under 66 Pa.C.S. § 510(a); and

(ii) fees for oversight of electric generation suppliers and natural gas suppliers.

Explanatory Note. Act 155 amended or added sections 510, 1403, 1404, 1405, 1406, 1407, 1409, 1410, 1410.1, 1411, 1415, 1417, 1418, 1419, 2208 and 2809 of Title 66.