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PA Bulletin, Doc. No. 96-484

STATEMENTS OF POLICY

Title 52--PUBLIC UTILITIES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

[52 PA. CODE CHS. 53, 69 AND 93]
[L-950107]

Rescission of Obsolete Policy Statements

[26 Pa.B. 1377]

   The Pennsylvania Public Utility Commission (Commission) adopted an order rescinding obsolete policies that either no longer serve a useful purpose or relate to a procedure that has been completed or soon will be completed. The contact person is Patricia Krise Burket, Assistant Counsel, Law Bureau (717) 787-3464.

Public Meeting held
December 14, 1995

Commissioners Present:  John M. Quain, Chairperson, Statement follows; Lisa Crutchfield, Vice Chairperson; John Hanger; David W. Rolka; and Robert K. Bloom

Order

By the Commission:

   By Order entered May 23, 1995, we issued an Advance Notice of Proposed Rulemaking To Review And Rescind All Obsolete And Excessive Rules And Regulations at Docket No. L-950103. The advance notice was published in the Pennsylvania Bulletin on June 3, 1995, 25 Pa.B. 2188, and a 60-day comment period set.

   We received comments from Pennsylvania Electric Association, the Pennsylvania Gas Association, the Office of Consumer Advocate and our own Bureaus of Law and CEEP specific to the electric, gas and transportation industries which reflect the need to eliminate policy statements appearing in Chapters 53, 69 and 93. We are setting forth proposed changes and we believe these changes will clarify, simplify and remove excessive and burdensome requirements from our policy statements.

   Our review of the affected sections was careful and meticulous. We are well aware of our duty to ensure the safety of utility service, and our proposed changes will not result in any lapse in our mandate.

   What follows is a summary of the changes.

Chapter 53.  Appendix I and Appendix II. Pennsylvania Public Utility Commission Policy Statement on Procedure for Implementing Normalization of Federal Income Tax Benefits of Accelerated Cost Recovery System.

   The policy statement was issued to permit utilities to obtain for tax years 1981 and 1982 the benefits of a form of accelerated tax depreciation established under the Federal Economic Recovery Act of 1981 for post-1980 assets. It is obsolete and will be deleted.

§ 69.41.  Vacation resort developments.

§ 69.43.  Notice and lead-time.

   The Commission's proposed amendment of Subchapter H, 52 Pa. Code §§ 57.81--57.88 at Docket No. L-950103, which makes underground installation of electric distribution and service lines in new residential developments voluntary and not mandatory, eliminates the need for exemptions. Accordingly these sections should be deleted.

§ 69.61.  Competent evidence for certification; policy statement.

   This section is eliminated as unnecessary since age of the supporting data is always a factor in weighing the probative value of technical evidence in Commission proceedings; moreover, a 5-year bright line standard is overly restrictive.

§ 69.62.  Relocation of high voltage electric transmission lines.

   This policy statement, which sets out criteria that should be included in a petition for waiver of the transmission line siting regulations, is deleted as redundant since § 57.72(e) of the Commission's siting regulations provides the utility with the authority to petition for a waiver of the siting application process for relocating an existing transmission line.

LIQUOR CONTROL BOARD ORGANIZATION CHART HERESTATE POLICE ORGANIZATIONAL CHART HERE

Federal Residential Conservation Service Program, Policies and Procedures.

§ 69.71.  General.

§ 69.72.  Direct charges to ratepayers.

§ 69.73.  General utility expenses recovery.

§ 69.74.  Accounting.

§ 69.75.  Periodic evaluation.

   The Federal Residential Conservation Program policy statement at these sections established guidelines for accounting for and recovery of expenses in utility Residential Conservation Services (RCS) Programs and the method of allocation of such costs to ratepayers through direct charges and rates. The RCS Program was a Federal program directed to residential energy conservation which was terminated effective June 30, 1989. Since the sole purpose of the five-section statement was the RCS Program's implementation, then it is eliminated as obsolete.

Recovery of Take-or-Pay Expenses

§ 69.181.  Recovery of take-or-pay expenses--policy statement.

   Since every natural gas local distribution company has completed or will soon complete its take-or-pay recovery process, this section is no longer needed and should be eliminated.

Chapter 93.  Policy statement regarding Motor Carrier Advisory Counsel. §§ 93.1--93.5.

   The Motor Carrier Advisory Council no longer exists, and its regulations are rescinded as obsolete.

   In making these changes, we believe that our efficiency as a regulatory agency will be enhanced. We are eliminating those sections which no longer serve a useful purpose and we are modifying others to promote the ease of application as well as fairness.

   Accordingly, pursuant to sections 501, 504, 505, 506, 1301 and 1501 of the Public Utility Code, 66 Pa.C.S. §§ 501, 504, 505, 506, 1301 and 1501, and the Commonwealth Documents Law, 45 P. S. § 1201 et seq., and the regulations promulgated thereunder, we shall institute a proceeding to accomplish the objectives described in the body of this order. Therefore,

   It is Ordered that:

   1.  A policy statement proceeding is hereby instituted at this docket.

   2.  The Commission's policy statements are hereby amended by deleting Appendix I and Appendix II in Chapter 53; and by deleting §§ 69.41, 69.43, 69.61, 69.62, 69.71--69.75, 69.181 and 93.1--93.5 to read as set forth in Annex A.

   3.  The Secretary shall submit this order and Annex A to the Governor's Budget Office for review of fiscal impact.

   4.  The Secretary shall deposit this order and Annex A with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   5.  A copy of this order shall be served upon all persons who submitted comments in this rulemaking proceeding.

JOHN G. ALFORD,   
Secretary

   Fiscal Note:  57-165. No fiscal impact; (8) recommends adoption.

Statement of Chairperson John M. Quain

   Before us today are two significant rulemakings that when combined, will delete or rescind 62 obsolete and redundant sections of our regulations and revise another 43 sections. Furthermore, when this Commission again meets on January 11, 1996, we will consider another 58 sections pertaining to Chapters 63, 64 and 56 for possible rescission or revision.

   I wish to express my appreciation to all of the staff of the various bureaus, and those public commentors who contributed to this massive undertaking.

Annex A

TITLE 52.  PUBLIC UTILITIES

PART I.  PUBLIC UTILITY COMMISSION

Subpart C.  FIXED UTILITY SERVICES

CHAPTER 53.  TARIFFS FOR NONCOMMON CARRIERS

APPENDIX I  (RESERVED)

APPENDIX II  (RESERVED)

CHAPTER 69.  GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES

§ 69.41.  (Reserved).

§ 69.43.  (Reserved).

§ 69.61.  (Reserved).

§ 69.62.  (Reserved).

§ 69.71.  (Reserved).

§ 69.72.  (Reserved).

§ 69.73.  (Reserved).

§ 69.74.  (Reserved).

§ 69.75.  (Reserved).

§ 69.181.  (Reserved).

CHAPTER 93.  (RESERVED)

§ 93.1.  (Reserved).

§ 93.2.  (Reserved).

§ 93.3.  (Reserved).

§ 93.4.  (Reserved).

§ 93.5.  (Reserved).

[Pa.B. Doc. No. 96-484. Filed for public inspection March 29, 1996, 9:00 a.m.]



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