PRINTER'S NO. 187
No. 164 Session of 1983
INTRODUCED BY LLOYD, KUKOVICH, CIMINI, BELFANTI, PRATT, MORRIS,
HALUSKA, BLAUM, KOSINSKI, ZWIKL, D. R. WRIGHT AND CARN,
FEBRUARY 8, 1983
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 8, 1983
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for a tariff calculated to
3 increase gross annual operating expenses; and prohibiting
4 multiple filings.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1308(d) of Title 66 of the Pennsylvania
8 Consolidated Statutes is amended and a subsection is added to
9 read:
10 § 1308. Voluntary changes in rates.
11 * * *
12 (d) General rate increases.--Whenever there is filed with
13 the commission by any public utility described in paragraph
14 (1)(i), (ii), (vi) or (vii) of the definition of "public
15 utility" in section 102 (relating to definitions), and such
16 other public utility as the commission may by rule or regulation
17 direct, any tariff stating a new rate which constitutes a
18 general rate increase, the commission shall promptly enter into
1 an investigation and analysis of said tariff filing [and]. If
2 the tariff states a new rate which is calculated to increase the
3 public utility's gross annual intrastate operating revenues by
4 less than $10,000,000, the commission may by order setting forth
5 its reasons therefor, upon complaint or upon its own motion,
6 upon reasonable notice, enter upon a hearing concerning the
7 lawfulness of such rate, and the commission may, at any time by
8 vote of a majority of the members of the commission serving in
9 accordance with law, permit such tariff to become effective,
10 except that absent such order such tariff shall be suspended for
11 a period not to exceed seven months from the time such rate
12 would otherwise become effective. [Before the expiration of such
13 seven-month period,] If the tariff states a new rate which is
14 calculated to increase the public utility's gross annual
15 operating revenues by at least $10,000,000, the commission
16 shall, upon reasonable notice, enter upon a hearing concerning
17 the lawfulness of the rate and the tariff shall be suspended for
18 a period not to exceed nine months from the date on which the
19 public utility filed the tariff with the commission. Before the
20 expiration of the maximum period of suspension of any tariff
21 stating a new rate which constitutes a general rate increase, a
22 majority of the members of the commission serving in accordance
23 with law, acting unanimously, shall make a final decision and
24 order, setting forth its reasons therefor, granting or denying,
25 in whole or in part, the general rate increase requested. If,
26 however, such an order has not been made at the expiration of
27 [such seven-month period,] the maximum period of suspension, the
28 proposed general rate increase shall go into effect at the end
29 of such period, but the commission may by order require the
30 interested public utility to refund, in accordance with section
19830H0164B0187 - 2 -
1 1312 (relating to refunds), to the persons in whose behalf such
2 amounts were paid, such portion of such increased rates as by
3 its decision shall be found not justified, plus interest, which
4 shall be the average rate of interest specified for residential
5 mortgage lending by the Secretary of Banking in accordance with
6 the act of January 30, 1974 (P.L.13, No.6), referred to as the
7 Loan Interest and Protection Law, during the period or periods
8 for which the commission orders refunds. The rate in force when
9 the tariff stating such new rate was filed shall continue in
10 force during the period of suspension unless the commission
11 shall grant extraordinary rate relief as prescribed in
12 subsection (e). The commission shall consider the effect of such
13 suspension in finally determining and prescribing the rates to
14 be thereafter charged and collected by such public utility,
15 except that the commission shall have no authority to prescribe,
16 determine or fix, at any time during the pendency of a general
17 rate increase proceeding or prior to a final determination of a
18 general rate increase request, temporary rates as provided in
19 section 1310, which rates may provide retroactive increases
20 through recoupment. As used in this part general rate increase
21 means a tariff filing which affects more than 5% of the
22 customers and amounts to in excess of 3% of the total gross
23 annual intrastate operating revenues of the public utility. If
24 the public utility furnishes two or more types of service, the
25 foregoing percentages shall be determined only on the basis of
26 the customers receiving, and the revenues derived from, the type
27 of service to which the tariff filing pertains.
28 (d.1) Multiple filings prohibited.--Except as required to
29 implement an order granting extraordinary rate relief, no public
30 utility which has filed one tariff, or one supplement to a
19830H0164B0187 - 3 -
1 proposed or existing tariff, stating a new rate which
2 constitutes a general rate increase shall file an additional
3 tariff, or supplement, stating a new rate which constitutes a
4 general rate increase for the same type of service until the
5 commission has made a final decision and order on the first
6 tariff or supplement or, if earlier, until the expiration of the
7 maximum period of suspension of the first tariff or supplement.
8 Except as required to implement an order granting extraordinary
9 rate relief, no public utility shall simultaneously file
10 multiple tariffs, multiple supplements to an existing or a
11 proposed tariff or tariffs, or a tariff and a supplement to a
12 proposed or existing tariff stating a new rate which constitutes
13 a general rate increase for the same type of service.
14 * * *
15 Section 2. This act shall take effect in 60 days.
A24L66JRW/19830H0164B0187 - 4 -