RULES AND REGULATIONS
Title 52--PUBLIC UTILITIES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[52 PA. CODE CHS. 5, 37, 53, 55, 56, 65,
69 AND 71]
[28 Pa.B. 801] [L-00950112]
Wastewater Utilities Executive Summary
On September 12, 1997, the Pennsylvania Public Utility Commission (Commission) adopted a final rulemaking to amend relevant sections of Title 52 regarding sewer utilities and the provision of sewer service to reflect the current industry standard terminology.
The contact persons are Stanley E. Brown, Assistant Counsel, Law Bureau, (717) 783-3968 and Shirley M. Leming, Regulatory Coordinator, Law Bureau, (717) 772-4597.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Commission submitted a copy of the final rulemaking, which was published as proposed at 26 Pa.B. 2325 (May 18, 1996), and served on April 30, 1996, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Committee Consumer Affairs and the Senate Committee on Consumer Protection and Professional Licensure for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Commission also provided IRRC and the Committees with copies of all comments received, as well as other documentation.
In preparing these final-form regulations, the Commission has considered all comments received from IRRC, the Committees and the public.
This final-form regulation was deemed approved by the House Committee on Consumer Affairs and was approved on October 28, 1997 by the Senate Committee on Consumer Protection and Professional Licensure, and was approved by IRRC on November 6, 1997, in accordance with section 5(c) of the Regulatory Review Act.
Public Meeting held
September 12, 1997Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice Chairperson; John Hanger; David W. Rolka; Nora Mead Brownell
Final Rulemaking Order By the Commission:
The Public Utility Code gives the Commission broad authority to regulate 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, at 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 amendments were adopted by the Commission.
Also, a direct result of the above actions is the amendments to relevant sections 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. These amendments will update these industry terms in the Pennsylvania Code to current industry standard terminology.
The proposed amendments were published May 18, 1996 at 26 Pa.B. 2325 for a 30-day comment period. The only comments received were from IRRC supporting the Commission's efforts to update existing regulations. IRRC also pointed out that terms in other sections of 52 Pa. Code should be included, as well, to wit: Chapter 55. Noncarrier Rates and Practices, Chapter 69. General Orders, Policy Statements and Guidelines on Fixed Utilities and Chapter 71. Financial Reports. The Commission agrees these sections should be included to bring the Pennsylvania Code current with industry standards using the term wastewater to read as set forth in Annex A.
Accordingly, under section 501 of the Public Utility Code, 66 Pa.C.S. § 501, and the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code 7.1--7.4, the Commission amends the regulations to read as set forth in Annex A. Therefore,
It Is Ordered That:
1. A final rulemaking is amending, 52 Pa. Code Chapters 5, 37, 53, 55, 56, 65, 69 and 71, by amending §§ 5.14, 37.202, 53.52, 55.1, 56.2, 65.1, 71.1 and 71.3 and by amending statements of policy in §§ 69.361--69.363 and 69.711 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
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 formal review and comment by the designated standing committees of both Houses of the General Assembly, and for formal review and comment by the Independent Regulatory Review Commission.
5. The Secretary shall certify this order and Annex A and deposit the order and Annex A with the Legislative Reference Bureau, for publication in the Pennsylvania Bulletin and Pennsylvania Code.
6. The final rulemaking shall become effective upon publication in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary(Editor's Note: The amendment of §§ 55.1, 69.711 and 71.3 was not included in the proposal at 26 Pa.B. 2325 (May 18, 1996).)
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 6128 (November 22, 1997).)
Fiscal Note: Fiscal Note 57-168 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
SUBPART A. GENERAL PROVISIONS
CHAPTER 5. FORMAL PROCEEDINGS § 5.14. Applications requiring notice.
(a) An application to the Commission for authority under sections 1101, 1102, 2503 and 2505 of the act or as otherwise provided by the act, is subject to one or more of the following notice requirements as directed by the Secretary under § 1.51 (relating to instructions for service and notice):
(1) Publication in the Pennsylvania Bulletin.
(2) Publication in a newspaper of general circulation serving the geographical territory affected by the application.
(3) Actual notification to the parties affected by the application.
(4) Another form of actual or constructive notification as may be required by the Secretary.
(b) Except as set forth in §§ 3.361--3.363, 3.381, 3.501(f), as relating to the 60 day protest period, and §§ 57.71, 57.72 and 57.74--57.77 or as otherwise provided by the Secretary, application to the Commission for the following types of authority shall 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 the following:
(i) Electric.
(ii) Gas.
(iii) Telephone.
(iv) Water.
(v) Wastewater.
(vi) Pipeline.
(vii) Radio-telephone common carrier service.
(2) To initiate, in a different nature or to a different territory than is currently authorized, fixed utility service to the public, including the following:
(i) Electric.
(ii) Gas.
(iii) Telephone.
(iv) Water.
(v) Wastewater.
(vi) Pipeline.
(vii) Radio-telephone common carrier service.
(3) To abandon, in whole or in part, fixed utility service to the public, including to the following:
(i) Electric.
(ii) Gas.
(iii) Telephone.
(iv) Water.
(v) Wastewater.
(vi) Pipeline.
(vii) Radio-telephone common carrier service.
(4) To initiate rail utility service to the public.
(5) To inititate, in a different nature or to a different territory than is currently authorized, rail utility service to the public.
(6) To abandon, in whole or in part, rail utility service to the public.
(7) To acquire or transfer tangible or intangible utility property through sale, merger, consolidation, lease or transfer of stock.
(8) To acquire 5% or more of the voting stock of another corporation.
(9) To secure exemption under section 619 of the Pennsylvania Municipalities Planning Code (53 P. S. § 10619).
(10) To construct, alter or abandon, in whole or in part, or to change the status of a rail utility agency station or team track.
CHAPTER 37. SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS § 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, 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 § 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, revision 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 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 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 55. NONCARRIER RATES AND PRACTICES
Subchapter A. DISCONTINUATION OF SERVICE § 55.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Emergency--An unforeseen combination of circumstances requiring temporary discontinuances of service in order to effect repairs or maintenance, or to eliminate an imminent threat to life, health, safety or property.
Personal contact--Personal contact means any of the following:
(i) Contacting the customer in person or by telephone.
(ii) Contacting in writing another person whom the customer has designated to receive a copy of any notice of disconnection, other than a member or employe of the Commission.
(iii) If the customer has not made a designation, contacting in writing a community interest group or other entity, including local police departments, which previously agreed to receive a copy of the notice of disconnection and to attempt to contact the customer.
(iv) If the customer has not made a designation and a community interest group or other entity has not previously agreed to receive a copy of the notice of disconnection, contacting in writing the Commission's Harrisburg office.
Public utility--Persons or corporations now or hereafter owning or operating in this Commonwealth, equipment or facilities for any of the following:
(i) Producing, generating, transmitting, distributing or furnishing natural or artificial gas, electricity or steam for the production of light, heat or power to or for the public for compensation.
(ii) Diverting, developing, pumping, impounding, distributing or furnishing water to or for the public for compensation.
(iii) Transporting or conveying natural or artificial gas, crude oil, gasoline or petroleum products, materials for refrigeration, or oxygen or nitrogen or other fluid substance, by pipe line or conduit, for the public for compensation.
(iv) Wastewater collection, treatment or disposal for the public for compensation.
CHAPTER 56. STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL UTILITY SERVICE § 56.2. Definitions.
The following words and terms, when used in this chapter, have the following meansings, 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 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, wastewater or water service.
CHAPTER 65. WATER SERVICE § 65.1. Definitions.
The following words and terms, when used in this chapter, 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 wastewater line or wastewater manhole.
* * * * *
CHAPTER 69. GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES
PENNVEST LOAN OBLIGATIONS FOR WATER AND WASTEWATER COMPANIES--STATEMENT OF POLICY § 69.361. General.
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.
§ 69.362. Definitions.
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.
* * * * * § 69.363. Treatment of PENNVEST obligations.
(a) Water and 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) DEP inspection.
* * * * *
SMALL NONVIABLE WATER AND WASTEWATER SYSTEMS--STATEMENT OF POLICY § 69.711. Acquisition incentives.
* * * * * (b) Acquisition incentives. In its efforts to foster acquisition of suitable water and wastewater systems by viable utilities when the acquisitions are in the public interest, the Commission seeks to assist these acquisitions by permitting the use of a number of regulatory incentives. Accordingly, the Commission will consider the following acquisitions incentives:
* * * * *
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 wastewater public utilities subject to Commission jurisdiction.
§ 71.3. Filing requirements.
(a) The following public utilities shall file a financial report for the 12-month period ending each March 31, June 30, September 30 and December 31:
(1) The major electric utilities (Philadelphia Electric Company, Pennsylvania Power and Light Company, Duquesne Light Company, West Penn Power Company, Pennsylvania Power Company, UGI Corporation--Luzerne Electric Division, Pennsylvania Electric Company and Metropolitan Edison Company).
(2) Local exchange telecommunications utilities with annual intraState gross revenues in excess of $10 million.
(3) Gas distribution utilities having annual intraState gross revenues in excess of $10 million.
(4) Water and wastewater utilities with annual intra- State gross revenues in excess of $10 million.
(b) The following public utilities shall file a financial report for the 12-month period ending each December 31:
(1) Electric utilities with annual intraState gross revenues in excess of $1 million.
(2) Local exchange telecommunications utilities with annual intraState gross revenues in excess of $1 million but which do not exceed $10 million.
(3) Gas distribution utilities having annual intraState gross revenues in excess of $1 million but which do not exceed $10 million.
(4) Water and wastewater utilities with annual intraState gross revenues in excess of $1 million but which do not exceed $10 million.
(c) Annualization, normalization and ratemaking adjustments are required only with the financial report for the 12-month period ending December 31 of each year. These adjustments are not required for financial reports for the 12-month period ending March 31, June 30 and September 30.
(d) For the 12-month period ending each December 31, the actual per books amounts in the financial report shall reflect the public utility's independently audited results of operations.
[Pa.B. Doc. No. 98-252. Filed for public inspection February 13, 1998, 9:00 a.m.]
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