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PA Bulletin, Doc. No. 98-1622

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[28 Pa.B. 4992]

   The Independent Regulatory Review Commission met publicly at 11:30 a.m., Thursday, June 18, 1998, and took the following action:

Regulation Disapproved:

   #1914 Pennsylvania Public Utility Commission #57-190: Advanced Meter Deployment for Electricity (amends 52 Pa. Code Chapter 57).

Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
June 18, 1998

Pennsylvania Public Utility Commission--Advanced Meter Deployment for Electricity; Regulation No. 57-190

Order

   On January 16, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 57. The authority for this regulation is 66 Pa.C.S. §§ 501 and 2807(a) and (d). The proposed regulation was published in the January 31, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 18, 1998.

   This regulation implements portions of the Electricity Generation Customer Choice and Competition Act (Act) by establishing procedures for making advanced meters available to customers. The rulemaking establishes uniform procedures and standards for the customer selection and deployment of advanced meters and provides coordination with any electric distribution company (EDC) for the installation of advanced meter networks.

   Additionally, the regulation establishes customer education provisions and a Metering Committee. The Metering Committee's function is to recommend standards to the PUC for advanced electric meters and networks.

   The proposal will impact the 11 EDCs under the PUC's jurisdiction and any electric generation suppliers that apply for a license to sell electricity to customers in Pennsylvania. It will also impact customers who request an advanced meter.

   We have reviewed this regulation and do not find it to be in the public interest. There are several sections of the proposal that do not meet our criteria of clarity. Further, the proposal contains provisions which represent a policy decision requiring legislative review.

   Concerning clarity, revisions to the proposal are necessary in the following areas. The first concern is with § 57.253(a)(2)(a) which states in part ''. . . the Committee will include in the catalog a variety of technologies . . . .'' The Metering Committee is an advisory body which does not have the authority to include technology items in the catalog. The Metering Committee's function in this regard is to recommend to the PUC the inclusion of technologies in the catalog. This section should be corrected to clearly state that the Metering Committee ''will recommend to the commission'' which technologies will be included in the catalog.

   The second concern is with § 57.257(a) which provides that disputes or operation problems between suppliers and an EDC concerning advanced metering ''may in the first instance be brought forward for review and resolution, to the extent possible, by the Metering Committee.'' Subsection (b) says an unresolved dispute or problem will be referred to the Office of Administrative Law Judge (ALJ) or through other proceedings as may be necessary.

   It is unclear how an advisory committee could be assigned to handle disputes. Further, in the final-form rulemaking, it is not clear whether the PUC intends that the ''unresolved disputes'' are those that are not resolved by the Metering Committee, disputes that the parties take directly to the ALJ or ''other proceeding,'' or both. These provisions should be clarified.

   The final clarity concern is with § 57.253(a)(2)(D). It states that ''in the absence of an EDC response to costs and incompatibility, the Committee may assume that the subject device is compatible and incremental costs are de minimis.'' However, the regulation does not contain provisions outlining how or when an EDC is to be informed or how the EDC is to respond. We recommend that language should be added which states when EDCs will be notified that a subject device is under consideration and provide a time period to respond.

Therefore, It Is Ordered That:

   1.  Regulation No. 57-190 from the Pennsylvania Public Utility Commission, as submitted to the Commission on May 18, 1998, is disapproved;

   2.  The Pennsylvania Public Utility Commission shall, within 7 days of receipt of this Order, notify the Governor, the designated Standing Committees of the House of Representatives and the Senate, and the Commission of its intention to either proceed with the promulgation of the regulation without revisions, to revise the regulation, or to withdraw the regulation. Failure to submit notification within the 7-day period shall constitute withdrawal of the regulation;

   3.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau; and

   4.  This Order constitutes a bar to final publication of Regulation No. 57-190 under section 6(b) of the Regulatory Review Act.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 98-1622. Filed for public inspection October 2, 1998, 9:00 a.m.]


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