RULES AND REGULATIONS
Title 52--PUBLIC UTILITIES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[52 PA. CODE CHS. 57 AND 59]
[33 Pa.B. 5923] [L-00030160]
Electric and Gas Utility Record Retention The Pennsylvania Public Utility Commission (Commission) on August 7, 2003, adopted a final-form rulemaking order which amends existing regulations regarding record retention requirements for jurisdictional electric and gas utilities by eliminating unnecessary and burdensome reporting requirements when possible. The contact persons are John Crawford, Audits (717) 772-0302, Robert Wilson, Bureau of Fixed Utility Services, (717) 783-6162 and Sherri DelBiondo, Law Bureau (717) 772-4597.
Executive Summary
Section 57.45 (relating to preservation of records) establishes record retention requirements for electric utilities in this Commonwealth, and § 59.45 (relating to preservation of records) establishes record retention requirements for gas utilities in this Commonwealth. These regulations require the public utilities to keep their records in conformity with the most recent publication of ''Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities,'' which is published by the National Association of Regulatory Utility Commissioners (NARUC).1 See §§ 57.45 and 59.45. The NARUC regulations were last revised in 1985.
By order entered on March 6, 2003, at Docket No. L-00030160, the Commission adopted a proposed rulemaking order to amend 52 Pa. Code §§ 57.45 and 59.45, consistent with the report and recommendation of the working group established to review the Commission's current record retention requirements for electric and gas utilities. The Commission agreed that the record retention changes as proposed by the working group will lessen the record retention burden and associated costs for the relevant utilities without compromising the Commission's ability to adequately regulate those same utilities. See 66 Pa.C.S. § 1501 (relating to character of service and facilities). The Commission added that the proposed changes will facilitate a mandatory, uniform system of recordkeeping for the relevant utilities, consistent with 66 Pa.C.S. §§ 1701--1706 (relating to accounting and budgetary matters).
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 16, 2003, the Commission submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Committees.
The Commission's order initiating the proposed rulemaking was published at 33 Pa.B. 2064 (April 26, 2003). On or around May 27, 2003, the Commission received comments from four parties: the Energy Association, the Peoples Natural Gas Company d/b/a Dominion Peoples, PPL Electric Utilities Corporation and the Office of Consumer Advocate. All parties endorsed the proposed rulemaking to the Commission's record retention regulations for electric and gas utilities in §§ 57.45 and 59.45 and supported adoption of the amended regulations.
On June 2, 2003, IRRC issued a letter specifying that it had no objections, comments, or recommendations to offer on the Commission's proposal to amend the record retention regulations in §§ 57.45 and 59.45. The letter also noted that the proposed amendments would be deemed approved, if the Commission submits a final-form regulation without revisions and the legislative committees do not take any action. By order entered on August 14, 2003, the Commission adopted a final rulemaking order to amend §§ 57.45 and 59.45, consistent with the letter from IRRC. The amendments were deemed approved by IRRC under section 5(g) of the Regulatory Review Act, effective October 22, 2003.
Public Meeting held
August 7, 2003Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Glen R. Thomas; Kim Pizzingrilli
Petition of the Energy Association of Pennsylvania for
Waiver of 52 Pa. Code § 57.45 (Electric Service:
Preservation of Records) and 52 Pa. Code § 59.45
(Gas Service: Preservation of Records); Doc. No. P-00011902Petition of the Energy Association of Pennsylvania for
Amendment of 52 Pa. Code § 57.45 (Electric Service:
Preservation of Records) and 52 Pa. Code § 59.45
(Gas Service: Preservation of Records); Doc. No. P-00011903Rulemaking Re: Amendment of 52 Pa. Code § 57.45 (Electric Service: Preservation of Records) and
52 Pa. Code § 59.45 (Gas Service: Preservation of Records); Doc. No. L-00030160
Final Rulemaking Order By the Commission
Background
On June 18, 2001, the Energy Association of Pennsylvania (Energy Association) filed two petitions at the P- dockets requesting a waiver and amendment of §§ 57.45 and 59.45 dealing with record retention. Section 57.45 establishes record retention requirements for electric distribution companies (EDCs), while § 59.45 applies to natural gas distribution companies (NGDCs). Both regulations require public utilities to keep their records in conformity with the most recent publication of ''Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities,'' which is published by the National Association of Regulatory Utility Commissioners (NARUC).2 See §§ 57.45 and 59.45. The most recent NARUC requirements were revised in May of 1985.
In support of the petitions, the Energy Association cited the new record retention rules of the Federal Energy Regulatory Commission (FERC), effective January 1, 2001. 18 CFR 125, 225 and 356. These rules updated, reduced and clarified record retention requirements for jurisdictional public utilities and licensees, natural gas companies and oil pipeline companies by revising the general instructions, shortening various record retention periods, increasing retention periods for a few categories of records and removing all but one retention reserve item. Preservation of Records of Public Utilities and Licensees, Natural Gas Companies and Oil Pipeline Companies, 65 FR 48148 (2000).
By order entered on April 16, 2002, at Docket Nos. P-00011902 and P-00011903, the Commission denied the petitions filed by the Energy Association requesting a waiver and amendment of §§ 57.45 and 59.45. Although the Commission denied the petitions, the Commission specifically recognized the value of eliminating unnecessary and burdensome reporting requirements, whenever possible. At the same time, we emphasized that the elimination or amendment of existing Commission regulations must not impair our ability to meet our statutory responsibility to ensure that all public utilities in this Commonwealth furnish and maintain adequate, efficient, safe and reasonable service and facilities. See 66 Pa.C.S. § 1501 (relating to character of service and facilities).
With these dual interests in mind, the Commission directed the Law Bureau, in conjunction with the Bureau of Fixed Utility Services and the Bureau of Audits, to convene a working group to review the Commission's current record retention regulations for EDCs and NGDCs. After completing its review, the working group was directed to report its recommendation to the Commission.
By Order entered on March 6, 2003, at the dockets listed in this document, the Commission adopted the consensus report of the working group dated January 30, 2003, to amend the Commission's record retention regulations for electric and gas utilities in §§ 57.45 and 59.45.3 To effectuate the recommendations of the working group, we initiated a proposed rulemaking to amend §§ 57.45 and 59.45.4
On April 26, 2003, the Commission's order initiating the proposed rulemaking was published at 33 Pa.B. 2064. On or around May 27, 2003, the Commission received comments from four parties: the Energy Association, the Peoples Natural Gas Company d/b/a Dominion Peoples, PPL Electric Utilities Corporation and the Office of Consumer Advocate. Parties endorsed the proposed rulemaking to the Commission's record retention regulations for electric and gas utilities in §§ 57.45 and 59.45 and supported adoption of the amended regulations.
On June 2, 2003, IRRC issued a letter specifying that it had no objections, comments or recommendations to offer on the Commission's proposal to amend the record retention regulations in §§ 57.45 and 59.45. The letter also noted that the proposed amendments would be deemed approved, if the Commission submits a final-form regulation without revisions and the legislative committees do not take any action.
Discussion
As previously stated in our proposed rulemaking order, we agree that the proposed record retention changes will lessen the record retention burden and associated costs for the relevant utilities without compromising the Commission's ability to meet its statutory responsibility to ensure that all public utilities in the Commonwealth furnish and maintain adequate, efficient, safe and reasonable service and facilities. See 66 Pa.C.S. § 1501. Moreover, these changes will facilitate a mandatory, uniform system of recordkeeping for the relevant utilities, consistent with 66 Pa.C.S. §§ 1701--1706 (relating to accounting and budgetary matters). Therefore, consistent with the comments of IRRC and the other parties that filed comments in this matter, the Commission has made no revisions, other than the grammatical/stylistic changes made by the Legislative Reference Bureau, to this final-form rulemaking.
Accordingly, under 66 Pa.C.S. §§ 501, 1501 and 1701--1706, sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2, section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732.204(b)), section 5 of the Regulatory Review Act (71 P. S. § 745.5) and section 612 of The Administrative Code of 1929 (71 P. S. § 232), we find that the amendments to §§ 57.45 and 59.45 should be approved as set forth at 33 Pa.B. 2064; Therefore,
It Is Ordered That:
1. The regulations of the Commission, 52 Pa. Code Chapters 57 and 59, are amended by amending §§ 57.45 and 59.45 to read as set forth at 33 Pa.B. 2064.
2. The Secretary shall submit this order and 33 Pa.B. 2064 for review and approval to IRRC and the Legislative Standing Committees in both houses of the General Assembly;
3. The Secretary shall submit this order and 33 Pa.B. 2064 to the Office of Attorney General for review as to form and legality and to the Governor's Budget Office for review of fiscal impact.
4. The Secretary shall certify this order and 33 Pa.B. 2064, and deposit them with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin.
5. The amendments to §§ 57.45 and 59.45 embodied in 33 Pa.B. 2064 shall become effective upon publication in the Pennsylvania Bulletin.
6. A copy of this order and 33 Pa.B. 2064 shall be served upon the Energy Association of Pennsylvania, all jurisdictional electric and natural gas utilities, the Office of Trial Staff, the Office of Consumer Advocate and the Office of Small Business Advocate.
JAMES J. MCNULTY,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 33 Pa.B. 5579 (November 22, 2003).)
Fiscal Note: Fiscal Note 57-227 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 03-2313. Filed for public inspection December 5, 2003, 9:00 a.m.] _______
1 NARUC is a nonprofit organization comprised of governmental agencies that regulate the activities of telecommunications, energy and water utilities. NARUC's mission is to serve the public interest by improving the quality and effectiveness of public utility regulation.
2 NARUC is a nonprofit organization comprised of governmental agencies that regulate the activities of telecommunications, energy, and water utilities. NARUC's mission is to serve the public interest by improving the quality and effectiveness of public utility regulation.
3 The Commission's Office of Trial staff was also consulted and does not oppose the proposed changes.
4 In addition to the proposed amendments of the working group, the Commission also proposes several additional technical changes so that the language used in both sections is consistent and uniform.
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