[30 Pa.B. 6430]
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Appendix
Universal service and Energy Conservation Programs
Due Date
NGDC Plan Evaluation Columbia 6/1/2002 8/1/2004 Peoples 6/1/2002 8/1/2004 PECO * 2/28/2003 10/31/2008 Equitable 6/1/2003 8/1/2005 PG Energy 6/1/2003 8/1/2005 UGI 6/1/2004 8/1/2006 NFG 6/1/2004 8/1/2006 * The filing schedule for PECO corresponds with the filing schedule already established for PECO in the electric Reporting Requirements for Universal Service and Energy Conservation Programs at 52 Pa. Code, Chapter 54, §§ 54.71--54.76.
Accordingly, under section 501 of the Public Utility Code, and the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1201 et seq.) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1--7.4, we add §§ 62.1--62.8 to read as set forth in Annex A; Therefore,
It Is Ordered That:
1. The regulations at 52 Pa. Code are amended by adding §§ 62.1--62.8 to read as set forth in Annex A.
2. The BCS is directed, when appropriate, to eliminate and/or consolidate existing universal service program reports that address the same content as the reporting requirements in these regulations to comply with the Commission's intent to streamline universal service reporting requirements.
3. The Secretary shall submit a copy of this order and Annex A to the Office of Attorney General for review as to legality.
4. The Secretary shall submit a copy of this order and Annex A to the Governor's Budget Office for review of fiscal impact.
5. The Secretary shall submit this order and Annex A for formal review by the designated standing committees of both Houses of the General Assembly, and for formal review and approval by the IRRC.
6. The Secretary shall deposit this order and Annex A with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
7. This regulation shall become effective upon publication in the Pennsylvania Bulletin.
8. A copy of this order, Annex A and the Appendix shall be served upon all persons who submitted comments in this rulemaking proceeding.
JAMES J. MCNULTY,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 30 Pa.B. 6020 (November 18, 2000).)
Fiscal Note: Fiscal Note 57-212 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Subpart C. FIXED UTILITIES
CHAPTER 62. NATURAL GAS SUPPLY
CUSTOMER CHOICE
Subchapter A. UNIVERSAL SERVICE AND ENERGY CONSERVATION REPORTING REQUIREMENTS Sec.
62.1. Statement of purpose and policy. 62.2. Definitions. 62.3. Universal service and energy conservation program goals. 62.4. Universal service and energy conservation plans. 62.5. Annual residential collection and universal service and energy conservation program reporting requirements. 62.6. Evaluation reporting requirements. 62.7. NGDCs with less than 100,000 residential accounts. 62.8. Public information. § 62.1. Statement of purpose and policy.
The requirements of 66 Pa.C.S. § 2203(8) (relating to standards for restructuring of natural gas utility industry) mandate that the Commission ensure universal service and energy conservation policies, activities and services for residential natural gas customers are appropriately funded and available in each NGDC territory. This subchapter requires covered NGDCs to establish uniform reporting requirements for universal service and energy conservation policies, programs and protections and to report this information to the Commission.
§ 62.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
CAP benefits--The average CAP bill, average CAP credits and average arrearage forgiveness, as applicable.
CAP credits--The difference between the amount billed at the standard residential rate and the amount billed at the CAP rate.
CAP--Customer Assistance Program--An alternative collection method that provides payment assistance to low-income, payment troubled utility customers. CAP participants agree to make regular monthly payments that may be for an amount that is less than the current bill in exchange for continued provision of natural gas utility services.
CARES benefits--The number of referrals and number of customers accepted into CARES.
CARES--Customer Assistance and Referral Evaluation Services--A program that provides a cost-effective service that helps selected, payment-troubled customers maximize their ability to pay utility bills. A CARES program provides a casework approach to help customers secure energy assistance funds and other needed services.
Classification of accounts--Accounts are classified by the following categories: all residential accounts and confirmed low-income residential accounts.
Collection operating expenses--Expenses directly associated with collection of payments due for residential accounts.
Confirmed low-income residential account--Accounts where the NGDC has obtained information that would reasonably place the customer in a low-income designation. This information may include receipt of LIHEAP funds (Low-Income Home Energy Assistance Program), self-certification by the customer, income source or information obtained in § 56.97(b) (relating to procedures upon rate-payer or occupant contact prior to termination).
Direct dollars--Dollars which are applied to a CARES customer's natural gas utility account, including all sources of energy assistance applied to utility bills such as LIHEAP, hardship fund grants, and local agencies' grants.
Energy assistance benefits--The total number and dollar amount of LIHEAP grants.
Hardship fund--A fund that provides cash assistance to utility customers to help them pay their utility bills.
Hardship fund benefits--The total number and dollar amount of cash benefits or bill credits.
Impact evaluation--An evaluation that focuses on the degree to which a program achieves the continuation of utility service to program participants at a reasonable cost level and otherwise meets program goals.
LIURP--Low-income Usage Reduction Program--An energy usage reduction program that helps low-income customers to conserve energy and reduce residential energy bills.
Low-income customer--A residential utility customer whose gross household income is at or below 150% of the Federal poverty guidelines. Gross household income does not include the value of food stamps or other noncash income.
NGDC--Natural gas distribution company--A natural gas distribution company as defined in 66 Pa.C.S. § 2202 (relating to definitions).
Outreach referral contacts--An address and telephone number that a customer would call or write to apply for the hardship fund. Contact information should be specific to each county in the NGDC's service territory, if applicable.
Payment rate--The total number of full monthly payments received from CAP participants in a given period divided by the total number of monthly bills issued to CAP participants.
Payment troubled--A household that has failed to maintain one or more payment arrangements in a 1-year period.
Residential account in arrears--A residential account that is at least 30 days overdue. This classification includes all customer accounts that have payment arrangements.
Successful payment arrangements--A payment arrangement in which the agreed upon number of payments have been made in full in the preceding 12 months.
Universal service and energy conservation--The term as defined in 66 Pa.C.S. § 2202.
§ 62.3. Universal service and energy conservation program goals.
(a) The Commission will determine if the NGDC meets the goals of universal service and energy conservation programs.
(b) The general goals of universal service and energy conservation programs include the following:
(1) To protect consumers' health and safety by helping low-income customers maintain affordable natural gas service.
(2) To provide for affordable natural gas service by making available payment assistance to low-income customers.
(3) To help low-income customers conserve energy and reduce residential utility bills.
(4) To ensure universal service and energy conservation programs are operated in a cost-effective and efficient manner.
§ 62.4. Universal service and energy conservation plans.
(a) Plan submission.
(1) Each NGDC shall submit to the Commission for approval an updated universal service and energy conservation plan every 3 years beginning February 28, 2002, on a staggered schedule.
(2) The plan should cover the next 3-calendar years.
(3) The plan should state how it differs from the previously approved plan.
(4) The plan should include revisions based on analysis of program experiences and evaluations.
(5) The Commission will act on the plans within 90 days of the NGDC filing date.
(6) If the Commission rejects the plan, the NGDC shall submit a revised plan pursuant to the order rejecting or directing modification of the plan as previously filed. If the order rejecting the plan does not state a timeline, the NGDC shall file its revised plan within 45 days of the entry of the order.
(b) Plan contents. The components of universal service and energy conservation may include the following: CAP, LIURP, CARES, Hardship Funds and other programs, policies and protections. For each component of universal service and energy conservation, the plan shall include the following:
(1) The program description that includes a description of the program rules for each program component.
(2) The eligibility criteria for each program component.
(3) The projected needs assessment for each program component and an explanation of how each program component responds to one or more identified needs. The needs assessment shall include the number of identified low-income customers and an estimate of low-income customers, the number of identified payment troubled, low-income customers, an estimate of payment troubled, low-income customers, the number of customers who still need LIURP services and the cost to serve that number, and the enrollment size of CAP to serve all eligible customers.
(4) The projected enrollment levels for each program component.
(5) The program budget for each program component.
(6) The plans to use community-based organizations for each program component.
(7) The organizational structure of staff responsible for universal service programs.
(8) An explanation of any differences between the NGDC's approved plan and the implementation of that plan. If an NGDC has not implemented all of the provisions of an approved plan, the NGDC should provide a justification for that failure and plans for corrective action. If an NGDC is requesting approval of a revised plan, the NGDC should provide a justification of the revisions in its request for approval.
(9) A description of outreach and intake efforts for each program component.
(10) An identification of the specific steps used to identify low-income customers with arrears and to enroll them in appropriate universal service and energy conservation programs.
(11) An identification of the manner in which universal service and energy conservation programs operate in an integrated fashion.
§ 62.5. Annual residential collection and universal service and energy conservation program reporting requirements.
(a) Each NGDC shall report annually to the Commission on the degree to which universal service and energy conservation programs within its service territory are available and appropriately funded. Annual NGDC reports shall contain information on programs and collections for the prior calendar year. Unless otherwise stated, the report shall be due April 1 each year, beginning April 1, 2003. When noted, the data shall be reported by classification of accounts. Each NGDC's report shall contain the following information:
(1) Collection reporting. Collection reporting shall be categorized as follows:
(i) The total number of payment arrangements and the total number of successful payment arrangements. To ensure that successful payment arrangements are not overstated, NGDCs shall report on the calendar year prior to the reporting year.
(ii) Annual collection operating expenses by classification of accounts.
(iii) The total dollar amount of the gross residential write-offs and total dollar amount of the net residential write-offs, by classification of accounts.
(iv) The total number of residential customers by month for the 12 months covered by the report, by classification of accounts.
(v) The total dollar amount of annual residential revenues by classification of accounts.
(vi) The total number of residential accounts in arrears and on payment agreements by month for the 12 months covered by the report, by classification of accounts.
(vii) The total number of residential accounts in arrears and not on payment agreements by month for the 12 months covered by the report, by classification of accounts.
(viii) The total dollar amount of residential accounts in arrears and on payment agreements by month for the 12 months covered by the report, by classification of accounts.
(ix) The total dollar amount of residential accounts in arrears and not on payment agreements by month for the 12 months covered by the report, by classification of accounts.
(x) The total number of residential customers who are payment troubled by month for the 12 months covered by the report, by classification of accounts.
(xi) The total number of terminations completed by month for the 12 months covered by the report, by classification of accounts.
(xii) The total number of reconnections by month for the 12 months covered by the report, by classification of accounts.
(xiii) The total number of low-income households. NGDCs may estimate this number using census data or other information the NGDC finds appropriate.
(2) Program reporting. Program reporting shall be categorized as follows:
(i) For each universal service and energy conservation component, program data shall include information on the following:
(A) Program costs.
(B) Program recipient demographics, including the number of household members under 18 years of age and 62 years of age or older, household size, income and source of income.
(C) Participation levels by month for the 12 months covered by the report.
(D) The number of program participants by source of intake.
(E) The number of program participants participating in two or more of the NGDC's universal service and energy conservation programs, broken down by program component.
(ii) Additional program data for individual universal service and energy conservation components shall include the following information:
(A) LIURP reporting requirements. As established in § 58.15 (relating to program evaluation).
(I) LIURP reporting data. Due annually by April 30.
(II) Actual number of completed jobs and spending data. Actual number of completed jobs and spending data for the recently completed program year and projections for the current year shall be due annually by April 1.
(B) CAP.
(I) Energy assistance benefits.
(II) Average CAP bills.
(III) Payment rate.
(IV) CAP benefits.
(V) Total cash payments by CAP customers.
(VI) Number of full, on-time payments.
(VII) Percentage of CAP bill paid by customer.
(C) CARES.
(I) Energy assistance benefits.
(II) Direct dollars applied to CARES accounts.
(III) CARES benefits.
(D) Hardship funds.
(I) Ratepayer contributions.
(II) Special contributions, other than shareholder or ratepayer contributions.
(III) Utility contributions.
(IV) Outreach contacts.
(V) Hardship fund benefits.
§ 62.6. Evaluation reporting requirements.
(a) Each NGDC shall select, after conferring with the Commission's Bureau of Consumer Services, an independent third-party to conduct an impact evaluation of its universal service and energy conservation programs and to provide a report of findings and recommendations to the Commission and NGDC.
(b) The first impact evaluation will be due beginning August 1, 2004, on a staggered schedule. Subsequent evaluation reports shall be presented to the NGDC and the Commission at no more than 6-year intervals.
(c) To ensure an independent evaluation, neither the NGDC nor the Commission shall exercise control over recommendations contained in the independent evaluation report. The NGDCs may provide the Commission with a companion report that expresses where they agree or disagree with independent evaluation report content or recommendations.
§ 62.7. NGDCs with less than 100,000 residential accounts.
(a) Beginning June 1, 2003, each NGDC with less than 100,000 accounts shall report to the Commission every 3 years the following information in lieu of the requirements in §§ 62.4--62.6 (relating to universal service and energy conservation plans; annual residential collection and universal service and energy conservation program reporting requirements; and evaluation reporting requirements):
(1) The universal service and energy conservation plan.
(2) Expenses associated with low-income customers.
(3) A description of the universal service and energy conservation services provided to low-income residential customers.
(4) Number of services or benefits provided to low-income residential customers.
(5) Dollar amount of services or benefits provided to low-income residential customers.
§ 62.8. Public information
The Commission will annually produce a summary report on the universal service performance of each NGDC using the statistics collected as a result of these reporting requirements. The reports will be public information. The Commission will provide the reports to any interested party and post the reports on the Commission's Internet website.
[Pa.B. Doc. No. 00-2161. Filed for public inspection December 15, 2000, 9:00 a.m.]
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