PRINTER'S NO. 2412
No. 1974 Session of 1981
INTRODUCED BY LLOYD, MORRIS, HALUSKA, PISTELLA, SWAIM,
MICHLOVIC, BELFANTI, KUKOVICH, ITKIN AND COHEN, OCTOBER 19,
1981
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 19, 1981
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further providing for certificates of
3 convenience and rate increases.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Subsection (a) of section 1102 of Title 66, act
7 of November 25, 1970 (P.L.707, No.230), known as the
8 Pennsylvania Consolidated Statutes, is amended by adding a
9 paragraph to read:
10 § 1102. Enumeration of acts requiring certificate.
11 (a) General rule.--Upon the application of any public
12 utility and the approval of such application by the commission,
13 evidenced by its certificate of public convenience first had and
14 obtained, and upon compliance with existing laws, it shall be
15 lawful:
16 * * *
17 (6) For any public utility to begin the construction of
18 an electric generating unit.
1 * * *
2 Section 2. Section 1103 of Title 66 is amended by adding a
3 subsection to read:
4 § 1103. Procedure to obtain certificates of public convenience.
5 * * *
6 (a.1) Electric generating unit.--Every application for a
7 certificate of public convenience as required by section
8 1102(a)(6) (relating to enumeration of acts requiring
9 certificate) shall include an estimate of the cost of
10 constructing the electric generating unit for which said
11 application is made.
12 * * *
13 Section 3. Section 1308 of Title 66 is amended by adding a
14 subsection to read:
15 § 1308. Voluntary changes in rates.
16 * * *
17 (f) Limitation on rate increases by certain public
18 utilities.--Whenever there is filed with the commission any
19 tariff stating a new rate based in whole or in part on a newly
20 constructed electric generating unit, the commission shall
21 compare the estimated construction cost filed in accordance with
22 the provisions of section 1103(a.1)(relating to electric
23 generating unit) with the actual construction cost. If the
24 actual construction cost exceeds the estimated construction
25 cost, the commission, for the purpose of determining just and
26 reasonable rates, shall consider only such part of that excess
27 which the public utility can prove to have been necessary and
28 proper.
29 Section 4. This act shall take effect in 60 days.
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