PRINTER'S NO. 2083
No. 1378 Session of 2002
INTRODUCED BY CORMAN, ARMSTRONG, STOUT, ROBBINS, TARTAGLIONE,
SCARNATI, WENGER, KITCHEN, BOSCOLA, LEMMOND AND DENT,
JUNE 12, 2002
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JUNE 12, 2002
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, defining "rural telecommunications
3 carrier"; and further providing for reports by public
4 utilities, for duty to furnish information to commission and
5 for reports.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 102 of Title 66 of the Pennsylvania
9 Consolidated Statutes is amended by adding a definition to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this part which are applicable to specific
13 provisions of this part, the following words and phrases when
14 used in this part shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Rural telecommunications carrier." Any telecommunications
18 carrier authorized by the commission to provide local
1 telecommunications services and found to be a rural telephone
2 company defined in section 3 of the Telecommunications Act of
3 1996 (Public Law 104-104, 110 Stat. 56).
4 * * *
5 Section 2. Sections 504, 505 and 1703(b) of Title 66 are
6 amended to read:
7 § 504. Reports by public utilities.
8 The commission may require any public utility to file
9 periodical reports, at such times, and in such form, and of such
10 content, as the commission may prescribe, and special reports
11 concerning any matter whatsoever about which the commission is
12 authorized to inquire, or to keep itself informed, or which it
13 is required to enforce. The commission may require any public
14 utility to file with it a copy of any report filed by such
15 public utility with any Federal department or regulatory body.
16 All reports shall be under oath or affirmation when required by
17 the commission. Except for annual statements of gross intrastate
18 operating revenues for purposes of calculating assessments for
19 regulatory expenses, and notwithstanding any other provision to
20 the contrary, no report, statement, filing or other document
21 shall be required of any rural telecommunications carrier unless
22 the commission, upon notice to the rural telecommunications
23 carrier and an opportunity to be heard, has first made specific
24 written findings and conclusions in an entered order that states
25 the following:
26 (1) The report is necessary to ensure that the rural
27 telecommunications carrier is applying rates that are just,
28 reasonable, nondiscriminatory and tariffed and is providing
29 service that is safe, reliable, reasonable and adequate.
30 (2) The benefits of the report substantially outweigh
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1 the attendant expense and administrative time required of the
2 rural telecommunications carrier to prepare it.
3 § 505. Duty to furnish information to commission; cooperation
4 in valuing property.
5 Every public utility shall furnish to the commission, from
6 time to time, and as the commission may require, all accounts,
7 inventories, appraisals, valuations, maps, profiles, reports of
8 engineers, books, papers, records, and other documents or
9 memoranda, or copies of any and all of them, in aid of any
10 inspection, examination, inquiry, investigation, or hearing, or
11 in aid of any determination of the value of its property, or any
12 portion thereof, and shall cooperate with the commission in the
13 work of the valuation of its property, or any portion thereof,
14 and shall furnish any and all other information to the
15 commission, as the commission may require, in any inspection,
16 examination, inquiry, investigation, hearing, or determination
17 of such value of its property, or any portion thereof. No
18 report, statement, filing or other document shall be required of
19 any rural telecommunications carrier under authority of this
20 section unless specifically authorized elsewhere in this title.
21 § 1703. Depreciation accounts; reports.
22 * * *
23 (b) Statements.--Every public utility shall file with the
24 commission, at such times and in such form as the commission may
25 prescribe, statements setting forth the details supporting its
26 computation of annual depreciation, as recorded on the books or
27 records of accounts of the public utility. If the commission,
28 upon review of such statements, is of the opinion that the
29 amount of annual depreciation so recorded by any public utility
30 is not reasonable and proper, it may, after hearing, require
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1 that provision be made for annual depreciation in such sums as
2 may be found by it to be reasonable and proper. In making its
3 findings, the commission shall give consideration to the
4 experience of the public utility, and the predecessors of the
5 public utility in accumulating depreciation reserves, the
6 retirements actually made, and such other factors as may be
7 deemed relevant. This section shall not apply to any rural
8 telecommunications carrier, unless that carrier is subject to
9 regulation under a simplified ratemaking plan approved under
10 Chapter 30 (relating to alternative form of regulation of
11 telecommunications services) and has filed to change its rates
12 pursuant to that plan, in which case a statement setting forth
13 the details supporting the rural telecommunications carrier's
14 computation of annual depreciation may be required. In that
15 event, depreciation that is accounted for in accordance with
16 generally accepted accounting principles shall be deemed
17 reasonable and proper for ratemaking purposes.
18 * * *
19 Section 3. This act shall take effect in 60 days.
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