NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[36 Pa.B. 7082]
[Saturday, November 18, 2006]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 2, 2006, and announced the following:

Regulation Deemed Approved under section 5(g) of the Regulatory Review Act--Effective November 1, 2006

   Pennsylvania Securities Commission #50-120: Rescission of Forms and Other Technical Amendments (amends 64 Pa. Code Chapters 203, 205, 207, 209, 210, 303, 504, 602--604, 609 and 1001)

Regulation Deemed Approved under section 5.1(e) of the Regulatory Review Act

   Pennsylvania Public Utility Commission #57-244: Alternative Energy Portfolio Standards (establishes 52 Pa. Code §§ 75.1--75.15)

Regulations Approved:

   Department of Transportation #18-377: Alcohol Highway Safety Schools and Driving Under the Influence Program Coordinators (adds 67 Pa. Code Chapter 94)

   Pennsylvania Public Utility Commission #57-245: Alternative Energy Portfolio Standards: Interconnection Standards for Customer-Generators (establishes 52 Pa. Code §§ 75.21--75.51)

   Pennsylvania Public Utility Commission #57-247: PUC Filing and Reporting Requirements on Local Exchange Carriers (amends 52 Pa. Code Chapters 63, 64, 71 and 73)

   Environmental Quality Board #7-398: Pennsylvania Clean Vehicles Program (amends 25 Pa. Code Chapters 121 and 126)

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Approval Order

Public Meeting held
November 2, 2006

Commissioners Voting:  Arthur Coccodrilli, Acting Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

Department of Transportation--Alcohol Highway Safety Schools and Driving Under the Influence Program Coordinators;Regulation No. 18-377 (#2417)

   On August 17, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation. This rulemaking adds Chapter 94 to 67 Pa. Code. The proposed regulation was published in the August 28, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 26, 2006.

   This regulation formally establishes Alcohol Highway Safety Schools as mandated by Act 24 of 2003. It also establishes the procedures for the appointment of DUI Program Coordinators.

   We have determined this regulation is consistent with the statutory authority of the Department of Transportation (75 Pa.C.S.A. §§ 1549 and 6103) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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Approval Order

Public Meeting held
November 2, 2006

Commissioners Voting:  Arthur Coccodrilli, Acting Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

Pennsylvania Public Utility Commission--Alternative Energy Portfolio Standards; Interconnection Standards for Customer-Generators; Regulation No. 57-245 (#2524)

   On February 9, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking establishes 52 Pa. Code Sections 75.21 to 75.51. The proposed regulation was published in the February 25, 2006 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on September 28, 2006.

   This regulation implements part of Act 213 of 2004 by establishing procedures and standards for a customer-generator to interconnect on-site generation to a utility's electric system.

   We have determined this regulation is consistent with the statutory authority of the PUC (73 P. S. § 1648.5) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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Approval Order

Public Meeting held
November 2, 2006

Commissioners Voting:  Arthur Coccodrilli, Acting Chairperson; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

Pennsylvania Public Utility Commission--PUC Filing and Reporting Requirements on Local Exchange Carriers;Regulation No. 57-247 (#2533)

   On April 11, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapters 63, 64, 71 and 73. The proposed regulation was published in the April 22, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 28, 2006.

   This regulation implements a portion of Act 183 of 2004, which requires the PUC to reduce the amount of annual, quarterly and other periodic reporting requirements for Local Exchange Carriers.

   We have determined this regulation is consistent with the statutory authority of the PUC (66 P. S. § 3015(e)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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Approval Order

Public Meeting held
November 2, 2006

Commissioners Voting:  Arthur Coccodrilli, Acting Chairperson; Alvin C. Bush, Chairperson, by phone, dissenting; David M. Barasch, Esq.; David J. DeVries, Esq.; John F. Mizner, Esq.

Environmental Quality Board--Pennsylvania Clean Vehicles Program; Regulation No. 7-398 (#2523)

   On January 31, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 121 and 126. The proposed regulation was published in the February 11, 2006 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on September 21, 2006.

   This regulation postpones compliance with California Low Emission Vehicle II standards until the 2008 model year to provide flexibility for the manufacturers during the implementation period.

   We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. §§ 4005(a)(1), (a)(7) and (a)(8)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

ALVIN C. BUSH,   
Chairperson

[Pa.B. Doc. No. 06-2283. Filed for public inspection November 17, 2006, 9:00 a.m.]

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