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PA Bulletin, Doc. No. 10-1012

NOTICES

Notice of Comments Issued

[40 Pa.B. 2842]
[Saturday, May 29, 2010]

 Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

 The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Reg. No. Agency/Title Close of the Public Comment Period IRRC Comments Issued
57-267 Pennsylvania Public  Utility Commission
Streamlining the Rate  Increase procedures  for Small Motor  Carriers
40 Pa.B. 1531
(March 20, 2010)		4/19/105/19/10

____

Pennsylvania Public Utility Commission
Regulation #57-267 (IRRC #2825)

Streamlining the Rate Increase
Procedures for Small Motor Carriers

May 19, 2010

 We submit for your consideration the following comments on the proposed rulemaking published in the March 20, 2010 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Pennsylvania Public Utility Commission (PUC) to respond to all comments received from us or any other source.

Section 23.69. Stay-out provision.—Statutory authority.

 This section states:

A small passenger carrier will not be permitted to request another increase in rates or operating revenues from the Commission for 1 year following a prior Commission approved rate increase. A small passenger carrier with gross intrastate operating revenues of less than $500,000, but with an operating ratio that is 93% or above, shall be excepted from this 1 year stay-out restriction.

 In response to the Regulatory Analysis Form question 11, the PUC cites 66 Pa.C.S. §§ 1301 and 1308 as the statutory authority for this regulation. Section 1301 requires rates to be just and reasonable. Section 1308 addresses voluntary changes in rates. Upon review of these statutory provisions, we did not find direct authority for the PUC to require a small passenger carrier to stay-out for one year. The PUC should explain its statutory authority to enforce this provision. If the PUC is unable to establish direct authority for this section, we recommend deleting it.

ARTHUR COCCODRILLI, 
Chairperson

[Pa.B. Doc. No. 10-1012. Filed for public inspection May 28, 2010, 9:00 a.m.]


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