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PRINTER'S NO. 433
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
396
Session of
2015
INTRODUCED BY REESE, BLOOM, DeLUCA, DIAMOND, DUNBAR, EMRICK,
EVANKOVICH, GABLER, GROVE, A. HARRIS, KAUFFMAN, KRIEGER,
MUSTIO, PICKETT, SACCONE, SNYDER AND TAYLOR, FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 9, 2015
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in restructuring of electric utility
industry, further providing for duties of electric
distribution companies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2807(f) of Title 66 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 2807. Duties of electric distribution companies.
* * *
(f) Smart meter technology and time of use rates.--
(1) [Within nine months after the effective date of this
paragraph, electric] Electric distribution companies [shall]
may file a smart meter technology procurement and
installation plan with the commission for approval. [The plan
shall describe the smart meter technologies the electric
distribution company proposes to install in accordance with
paragraph (2).
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(2) Electric distribution companies shall furnish smart
meter technology as follows:
(i) Upon request from a customer that agrees to pay
the cost of the smart meter at the time of the request.
(ii) In new building construction.
(iii) In accordance with a depreciation schedule not
to exceed 15 years.] Customers may opt out of receiving
smart meter technology under this subparagraph by
notifying, in writing, the electric distribution company.
The following shall apply:
(i) The electric distribution company shall provide
an opt-out form to consumers upon request and may provide
a method for consumers to opt out electronically through
the electric distribution company's Internet website.
(ii) The commission shall create and regulate a
surcharge for consumers who elect to opt out of receiving
smart meter technology under this subparagraph. The
surcharge may include a one-time fee and a monthly fee
reflective of the actual costs incurred by an electric
distribution company to install, read, maintain or
service the meters of customers who elect to opt out.
(3) Electric distribution companies shall, with customer
consent, make available direct meter access and electronic
access to customer meter data to third parties, including
electric generation suppliers [and], providers of
conservation and load management services[.] and government
agencies . Notwithstanding the foregoing, customer consent
shall not be required when:
(i) the information is released to comply with a
subpoena or order issued by a court or regulatory agency;
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(ii) the information is released on a confidential
basis in the context of an administrative proceeding
involving a customer complaint;
(iii) the information is released in aggregated
form; or
(iv) there is an emergency situation involving an
imminent threat to public health or safety.
(4) In no event shall lost or decreased revenues by an
electric distribution company due to reduced electricity
consumption or shifting energy demand be considered any of
the following:
(i) A cost of smart meter technology recoverable
under a reconcilable automatic adjustment clause under
section 1307(b), except that decreased revenues and
reduced energy consumption may be reflected in the
revenue and sales data used to calculate rates in a
distribution rate base rate proceeding filed under
section 1308 (relating to voluntary changes in rates).
(ii) A recoverable cost.
(5) [By January 1, 2010, or at the end of the applicable
generation rate cap period, whichever is later, a] A default
service provider [shall] may submit to the commission one or
more proposed time-of-use rates and real-time price plans.
The commission shall approve or modify the time-of-use rates
and real-time price plan within six months of submittal. The
default service provider [shall] may offer the time-of-use
rates and real-time price plan to all customers that have
been provided with smart meter technology [under paragraph
(2)(iii)]. Residential or commercial customers may elect to
participate in time-of-use rates or real-time pricing. [The
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default service provider shall submit an annual report to the
price programs and the efficacy of the programs in affecting
energy demand and consumption and the effect on wholesale
market prices.
(6) The provisions of this subsection shall not apply to
an electric distribution company with 100,000 or fewer
customers.]
(7) An electric distribution company may recover
reasonable and prudent costs of providing smart meter
technology [under paragraph (2)(ii) and (iii)], as determined
by the commission[. This paragraph includes], including
annual depreciation and capital costs over the life of the
smart meter technology and the cost of any system upgrades
that the electric distribution company may require to enable
the use of the smart meter technology which are incurred
after the effective date of this paragraph, less operating
and capital cost savings realized by the electric
distribution company from the installation and use of the
smart meter technology. Smart meter technology shall be
deemed to be a new service offered for the first time under
section 2804(4)(vi). An electric distribution company may
recover smart meter technology costs:
(i) through base rates, including a deferral for
future base rate recovery of current basis with carrying
charge as determined by the commission[; or
(ii) on a full and current basis through a
reconcilable automatic adjustment clause under section
1307].
* * *
Section 2. This act shall take effect in 60 days.
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