NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Notice of Comments Issued
[30 Pa.B. 1605] Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (IRRC) may issue comments within 10 days of the close of the committee comment period. IRRC's comments are based upon the criteria contained in section 5a(h) and (i) of the act (75 P. S. § 745.5a(h) and (i)).
IRRC has issued comments on the following proposed regulations. The agency must consider these comments in preparing the final-form regulation. The final-form regulations must be submitted by the dates indicated.
Final-Form Submission Reg. No. Agency/Title Issued Deadline 57-211 Pennsylvania Public
Utility Commission
Procedures to Ensure
Customer Consent
to a Change of
Natural Gas
Suppliers3/3/00 1/31/02
Pennsylvania Public Utility Commission Regulation No. 57-211
Procedures to Ensure Customer Consent to a Change of Natural Gas Suppliers
March 3, 2000We submit for your consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which has not been met. The Pennsylvania Public Utility Commission (Commission) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by January 31, 2002, the regulation will be deemed withdrawn.
1. Section 59.91. Definitions.--Need; Clarity.
Customer
The phrase ''a service account exists with either a [Natural Gas Distribution Company] NGDC or a [Natural Gas Supplier] NGS'' in the definition of ''customer'' is unclear. We recognize that some business customers deal almost exclusively with the NGS. However, a typical residential customer could be listed with both the NGDC and the NGS. In this instance which service account would be controlling for other provisions proposed in this regulation, such as Section 59.95?
Also, it does not appear the reference to Sections 59.92 to 59.99 is needed. Section 59.95 is the only section that addresses persons authorized to act on behalf of a customer. Wouldn't a reference to Section 59.95 be sufficient?
2. Section 59.93. Customer contacts with the NGS.--Clarity.
Paragraph (1) Data elements
Paragraph (1) requires the NGDC to match two ''data elements'' to verify the accuracy of information provided by the NGS. What are examples of the data elements required to verify a switch? For example, if a third party is designated to act on behalf of a customer under Section 59.95, would that information have to be one of the data elements to verify the authorization is valid? The Commission should define the term ''data elements'' and list examples in this paragraph.
Paragraph (2) Notification
Paragraph (2) requires the NGDC to send a confirmation letter to the customer. Since the definition of ''customer'' includes other persons who can act on behalf of the customer, the Commission should clarify in the regulation whether or not notice to all persons who have authority to initiate a change of the customer's NGS is required.
3. Section 59.94. Time frame requirement.--Clarity.
Section 59.94 requires an authorization for a change of NGS to be ''consistent with the Commission's data transfer and exchange standards.'' The regulation is unclear what standards are required. The Commission should either add a reference to the required standards, or delete this phrase.
4. Section 59.95. Persons authorized to act on behalf of the customer.--Clarity.
The regulation does not address the process of adding or deleting persons authorized to act on behalf of the customer. It could become confusing if the NGDC received an original document authorizing Person A to act on the customer's behalf and 6 months later received a second document authorizing Person B to act on the customer's behalf. In this instance, who would be authorized? The Commission should address this situation.
5. Section 59.97. Customer Dispute Procedures.--Consistency with Statute; Economic Impact; Reasonableness; Clarity.
Subsection (a)(1) Disputes
We have two concerns regarding Subsection (a)(1). First, why is the NGDC required to consider the matter a ''dispute?'' The classification as a dispute requires a utility to follow procedures outlined under Chapter 56 of the Commission's regulations (52 Pa. Code §§ 56.151--56.152). Sections 56.151 and 56.152 include requirements to investigate the matter, make a diligent attempt to negotiate a reasonable payment agreement and issue a written report.
The Regulatory Analysis Form states the Commission believes the costs to the regulated community will not be significant. However, one commentator believes these costs are unfair and disproportionate. The Commission should provide a specific estimate of the costs imposed by this provision and an explanation of why these costs are justified. The Commission should also consider whether a different classification, other than ''disputes,'' would accomplish the same objectives for the Commission without imposing costs on the NGDC.
Subsection (d) Bureau of Consumer Services
Subsection (d) requires the Bureau of Consumer Services to issue an informal decision when a customer files an informal complaint alleging that their NGS was changed without consent. Under 52 Pa. Code § 56.163, the Commission is required to issue a decision on an informal complaint within a ''reasonable period of time.'' Is the customer responsible for charges during the Commission's review? The Commission should explain the time frame for the BCS' decision, and what the customer's billing status is during this period.
Subsection (e) Written Authorization
This subsection allows the Commission to order an NGS to ''obtain written authorization from every new customer as a condition of providing service in this Commonwealth.'' Section 2206(b) of the act allows an NGDC to change a NGS with ''direct oral confirmation from the customer of record or written evidence of the customer's consent. . . .'' Since both written and oral authorization are permitted in the act, the Commission should explain its authority to limit consent to written authorization.
6. Section 59.98. Provider of last resort.--Clarity.
This section begins with the phrase, ''Sections 59.91--59.97, this section and § 59.99 do not apply . . . .'' For clarity, the Commission should consider replacing that phrase with ''Sections 59.91 to 59.99 do not apply. . . .''
7. Section 59.99. Record maintenance.--Reasonableness.
Section 59.99 requires each NGDC and NGS to ''preserve all records that relate to unauthorized change of NGS disputes for three years from the date the customer filed the dispute.'' These records must be ''made available'' to the Commission upon request. It is unclear what the phrase ''made available'' means. Must the records be sent to the Commission, or will the Commission travel to a site to review these records? The Commission should explain what would happen if either an NGDC or NGS does not have a location or a facility in the Commonwealth.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 00-491. Filed for public inspection March 17, 2000, 9:00 a.m.]
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