PROPOSED RULEMAKING
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[52 PA. CODE CHS. 5, 37, 53, 56, 65, 69 AND 71]
[L-00950112]
Wastewater Utilities
[26 Pa.B. 2325] The Pennsylvania Public Utility Commission (Commission) adopted a proposed rulemaking to amend relevant sections of Title 52 regarding sewer utilities and the provision of sewer service. The words ''sewer'' and ''sewerage'' shall be changed to reflect current industry standard terminology. The contact persons are Stanley E. Brown, Assistant Counsel, Law Bureau, telephone (717) 783-3968 and Shirley M. Leming, Regulatory Coordinator, Law Bureau, telephone (717) 772-4597.
Executive Summary
On December 14, 1995, the Commission adopted a proposed rulemaking to amend relevant sections of Title 52 regarding sewer utilities and the provision of sewer service. The words ''sewer'' and ''sewerage'' have been changed to reflect the current industry standard terminology.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Commission submitted a copy of these proposed amendments on April 30, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Consumer Affairs and the Senate Committee on Consumer Protection and Professional Licensure. In addition to submitting these proposed amendments, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Commission in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If the Committees have objections to any portion of the proposed amendments, they will notify the Commission within 20 days from the close of the public comment period. If IRRC has objections to any portion of the proposed amendments, it will notify the Commission within 30 days after the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Commission, the General Assembly and the Governor of any objections raised.
Two sections from Chapter 69, General Orders, Policy Statements and Guidelines (§§ 69.362 and 69.363) have been included with these regulations in order to reflect with changes in current industry standard terminology at the same time.
Public meeting held
December 14, 1995Commissioners Present: John M. Quain, Chairperson; Lisa Crutchfield, Vice Chairperson; John Hanger; David W. Rolka; and Robert K. Bloom
Proposed Rulemaking Order By the Commission:
The Public Utility Code gives the Commission broad authority to regulate all public utilities doing business within this Commonwealth. The Commission for many years has promulgated regulations to respond to changes in legislation, technology and the economy in order to meet the essential needs of the public and the utilities it regulates.
The Commission adopted an order on April 27, 1995, to proceed with an Advance Notice of Proposed Rulemaking to review regulations identifying obsolete and excessive requirements for the purpose of amending or deleting these regulations. A notice was published in the Pennsylvania Bulletin on June 3, 1995, 25 Pa.B. 2188. Comments were received from jurisdictional utilities, utility associations and the Office of Consumer Advocate. As a result of this action a number of proposed regulations were adopted by the Commission.
Also, a direct result of the above actions is this proposed regulation to amend relevant sections of Title 52 of the Pennsylvania Code regarding sewer utilities and the provision of sewer service. The words ''sewer'' and ''sewerage'' shall be changed to ''wastewater'' as in wastewater service or wastewater facility. This amendment will update these industry terms in the Pennsylvania Code to current industry standard terminology.
Accordingly, under section 501 of the Public Utility Code, 66 Pa.C.S. § 501, and the Commonwealth Documents Law (45 P. S. § 1201 et seq.) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1--7.4, the Commission amends the regulations set forth in Annex A. Therefore,
It Is Ordered That:
1. A rulemaking docket is opened to update the nomenclature regarding sewer regulations as set forth in Annex A.
2. The Secretary shall submit this order and Annex A to the Office of Attorney General for preliminary review as to form and legality.
3. The Secretary shall submit a copy of this order, together with Annex A, to the Governor's Budget Office for review of fiscal impact.
4. The Secretary shall submit this order and Annex A for informal review and comment by the designated standing committees of both Houses of the General Assembly, and for informal review and comment by the Independent Regulatory Review Commission.
5. The Secretary shall duly certify this order and Annex A and deposit them with the Legislative Reference Bureau, Pennsylvania Code and Bulletin office for publication in the Pennsylvania Bulletin.
6. Within 30 days of this order's publication in the Pennsylvania Bulletin, an original and 10 copies of any comments concerning this order should be submitted to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
JOHN G. ALFORD,
SecretaryFiscal Note: 57-168. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 5. FORMAL PROCEEDINGS
APPLICATIONS § 5.14. Applications requiring notice.
* * * * * (b) Except as set forth in §§ 3.361--3.363, 3.381, 3.501 and 57.71, 57.72, 57.74--57.77 or as otherwise provided by the Secretary, application to the Commission for the following types of authority [shall] will be published in the Pennsylvania Bulletin and, as directed by the Secretary, in a newspaper of general circulation serving the geographical territory affected by the application and shall be subject to a 15-day protest period:
(1) To initiate fixed utility service to the public, including [, but not limited to] the following:
* * * * * (v) [Sewer] Wastewater.
* * * * * (2) To initiate, in a different nature or to a different territory than is currently authorized, fixed utility service to the public, including [, but not limited to] the following:
* * * * * (v) [Sewer] Wastewater.
* * * * * (3) To abandon, in whole or in part, fixed utility service to the public, including[, but not limited to] the following:
* * * * * (v) [Sewer] Wastewater.
* * * * *
CHAPTER 37. SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS
Subchapter A. GENERAL PROVISIONS § 37.202. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Direct assistance--Transportation and other relief services provided by a motor carrier or its drivers incident to the immediate restoration of essential services--such as, electricity, medical care, [sewer] wastewater, water, telecommunications and telecommunication transmissions--or essential supplies--such as food and fuel. The term does not include transportation related to long term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.
* * * * *
CHAPTER 53. TARIFFS FOR NONCOMMON CARRIERS
INFORMATION FURNISHED WITH THE FILING OF RATE CHANGES § 53.52. Applicability; public utilities other than canal, turnpike, tunnel, bridge and wharf companies.
* * * * * (b) Whenever a public utility other than a canal, turnpike, tunnel, bridge or wharf company files a tariff, revisions or supplement which will increase or decrease the bills to its customers, it shall submit in addition to the requirements of subsection (a), to the Commission, with the tariff, revision or supplement, statements showing [all of] the following:
* * * * * (2) The operating income statement of the utility for a 12-month period, the end of which may not be more than 120 days prior to the filing. Water and [sewer utilities] wastewater utilities with annual revenues under $100,000 and municipal corporations subject to Commission jurisdiction may provide operating income statements for a 12-month period, the end of which may not be more than 180 days prior to the filing.
* * * * *
CHAPTER 56. STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL UTILITY SERVICE
Subchapter A. PRELIMINARY PROVISIONS § 56.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
* * * * * Billing period--In the case of public utilities supplying gas, electric and steam heating service, the billing period shall conform to the definition of a billing month; in the case of water and [sewer] wastewater service, a billing period may be monthly, bimonthly or quarterly as provided in the tariff of the utility. Ratepayers shall be permitted to receive bills monthly and shall be notified of their rights thereto.
* * * * * Utility--A public utility or a municipality, subject to Commission jurisdiction, which provides electric, gas, steam heat, [sewer] wastewater or water service.
CHAPTER 65. WATER SERVICE § 65.1. Definitions.
The following words and terms, when used in this context, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Nonessential uses of water--Nonessential uses of water include:
* * * * * (viii) The use of water to flush a [sewer] wastewater line or [sewer] wastewater manhole.
* * * * *
CHAPTER 69. GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES
PENNVEST LOAN OBLIGATIONS FOR WATER AND [SEWER] WASTEWATER COMPANIES--STATEMENT OF POLICY § 69.361. General.
PENNVEST loans were established to provide funding to water and [sewer] wastewater companies for improvements of drinking water and [sewage] 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.
§ 69.362. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
[DER] DEP--The Department of Environmental [Resources] Protection of the Commonwealth.
* * * * * § 69.363. Treatment of PENNVEST obligations.
(a) Water and [sewer] wastewater companies with outstanding PENNVEST obligations that have not been reflected in rates or future PENNVEST obligations, may establish under 66 Pa.C.S. § 1307(a) (relating to sliding scale of rates; adjustments) an automatic adjustment by means of a sliding scale of rates or other method limited solely to recovery of the company's PENNVEST principal and interest obligations.
* * * * * (d) Rate recovery under a 66 Pa.C.S. § 1307(a) PENNVEST automatic adjustment by means of a sliding scale of rates or other method may be approved only after the receipt of the following:
(i) [DER] DEP inspection.
* * * * *
CHAPTER 71. FINANCIAL REPORTS § 71.1. Statement of purpose.
This chapter establishes uniform and industry-wide financial reporting requirements designed to improve the Commission's ability to monitor on a regular basis the financial performance and earnings of the electric, gas, telephone, water and [sewer] wastewater public utilities subject to Commission jurisdiction.
[Pa.B. Doc. No. 96-807. Filed for public inspection May 17, 1996, 9:00 a.m.]
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