NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Suspension of Regulatory and Statutory Deadlines; Modification to Filing and Service Requirements
[51 Pa.B. 4427]
[Saturday, August 7, 2021]Public Meeting held
July 15, 2021Commissioners Present: Gladys Brown Dutrieuille, Chairperson, Statement; David W. Sweet, Vice Chairperson; John F. Coleman, Jr.; Ralph V. Yanora
Suspension of Regulatory and Statutory Deadlines; Modification to Filing and Service Requirements; M-2020-3019262
Order By the Commission:
On March 6, 2020, pursuant to subsection 7301(c) of the Emergency Management Services Code, 35 Pa.C.S. §§ 7101, et seq., Governor Tom Wolf issued a Proclamation of Disaster Emergency (Proclamation) proclaiming the existence of a disaster emergency throughout the Commonwealth, which Proclamation was timely renewed throughout the last fifteen months. The Proclamation authorized and directed the suspension of ''the provisions of any regulatory statute prescribing the procedures for conduct of Commonwealth business, or the orders, rules or regulations of any Commonwealth agency, if strict compliance with the provisions. . .would in any way prevent, hinder, or delay necessary action in coping with this emergency.''
In response to the COVID-19 pandemic, the Commission implemented telework for its entire staff. This means that the physical locations of the Commission, the Keystone Building in Harrisburg as well as satellite state office buildings in Philadelphia, Pittsburgh, and elsewhere across Pennsylvania, were not in use until further direction from the Commission. Obviously, this presented many challenges for the Commission, the regulated community, and the public.
Under these circumstances, it was necessary for the Commission to take additional measures to ensure continued operations. These measures were intended to prevent regulatory or statutory procedural rules, including those providing for the calculation of time periods for final Commission action, from interfering with the overall conduct of Commission business during the emergency. Therefore, on March 20, 2020, Chairman Gladys Brown Dutrieuille issued an Emergency Order that provided for the suspension of regulatory and statutory deadlines under appropriate circumstances and modified filing and service requirements. The Commission unanimously ratified the March 20 Emergency Order at its March 26, 2020, Public Meeting.
On June 10, 2021, the Pennsylvania Legislature passed a Concurrent Resolution (HR106) which terminates the Governor's Proclamation originally declared on March 6, 2020, and as amended and renewed. In a related action, Governor Wolf signed into law HB 854 on June 11, 2021, which provides ''temporary regulatory flexibility authority'' to ''Commonwealth agencies'' which issued an Order suspending a regulatory statute prescribing the procedures for conduct of Commonwealth business, or an Order, rule or regulation of a Commonwealth agency which was suspended under 35 Pa.C.S § 7301(F)(1). Under HB 854, such Orders are extended until September 30, 2021, unless sooner terminated by the authority initially authorizing them.
In light of the termination of the Proclamation of Disaster Emergency and the ''temporary regulatory flexibility authority'' provided in HB 854, the Commission hereby revises the March 26, 2020, Order. Specifically, to conform with the requirements of HB 854, the Commission adopts an expiration date of September 30, 2021.
Individual Commission Orders issued pursuant to the March 26, 2020, Order will have the full force and effect of law and will remain viable even if they address obligations and actions that extend beyond September 30, 2021.
Suspension/Extension of Deadlines
In our March 26, 2020, Order, we delegated the authority to determine the suspension, extension, waiver or change of any regulatory, statutory or procedural deadlines to individual Commission Bureau Directors whose bureaus are tasked with matters before the Commission. Each Bureau Director was authorized to make decisions regarding the necessity of modifying such deadlines. These modifications were treated as an action of staff and were reviewable by the Commission pursuant to 52 Pa. Code § 5.44 (regarding petitions for reconsideration from actions of the staff).
In addition, the Commission reserved the right to waive any statutory or regulatory deadline for action sua sponte, without request by any other party, in any proceeding in which it determined that strict adherence to an established deadline would interfere with its ability to administer the Public Utility Code.
The authority as described above, as authorized under the Proclamation of Disaster Emergency, will expire September 30, 2021.
Filing and Service Requirements During Emergency
The March 26, 2020, Order indicated that the Commission shall accept only e-filings of all documents. 52 Pa. Code § 1.4. Additionally, that Order provided that any filings containing confidential or proprietary information should be emailed to the Secretary of the Commission at rchiavetta@pa.gov. Finally, we directed that service by the Commission on parties will be exclusively electronic and service on Commission staff, as a party or otherwise, also shall be exclusively electronic.
The filing and service requirements as described above, as authorized under the Proclamation of Disaster Emergency, will expire September 30, 2021. Filing and service requirements after that date will be governed by our regulations. 52 Pa. Code Chapters 1, 3, and 5; Therefore,
It Is Ordered That:
1. The Commission's March 26, 2020, Order is hereby modified consistent with this Order.
2. The Law Bureau shall publish a copy of this Order in the Pennsylvania Bulletin.
ROSEMARY CHIAVETTA,
SecretaryORDER ADOPTED: July 15, 2021
ORDER ENTERED: July 15, 2021
Statement of Chairman Gladys Brown Dutrieuille Today the Commission takes action to acknowledge the upcoming expiration of our temporary regulatory authority. Over the course of the COVID Pandemic the Commission issued numerous iterations of temporary policy orders to ensure that utility service was maintained, utility bills were affordable, and that the Commission was able to prudently effectuate its public duties. I would like to commend all Commission Staff and my fellow colleagues for their tireless efforts to navigate through these extraordinary policies.
The Commonwealth has taken definitive steps to move us forward toward normalcy; with mask mandates lifted, businesses opening, and vaccination numbers increasing. It is under this context that the General Assembly and the Governor have modified the underlying legal foundation giving this Commission extraordinary regulatory accommodation. First, the passage of House Resolution 106 ended the Governor's Proclamation of Disaster Emergency on June 10th. Also, the passage of House Bill 854 extended Commonwealth Agencies' temporary regulatory authority until September 30, 2021.
I am pleased to take this step today officially acknowledging the finite expiration of our temporary COVID policy powers as of September 30th. I highlight that all Commission Orders issued under our temporary authority before September 30th will remain in force and effect even if such orders directed measures which continue past September 30th.
Thank you.
Date: July 15, 2021
GLADYS BROWN DUTRIEUILLE,
Chairperson
[Pa.B. Doc. No. 21-1265. Filed for public inspection August 6, 2021, 9:00 a.m.]
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