19830H0164B01293   01148JRW:AO  01/24/83    #66 02/08/83
        PRIOR PRINTER'S NOS. 187, 958                 PRINTER'S NO. 1293

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MAY 31, 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; AND FURTHER PROVIDING FOR THE METERING OF    <--
     5     ELECTRICITY SUPPLIED TO CHURCHES AND OTHER PLACES OF WORSHIP
     6     AND VOLUNTEER FIRE COMPANIES.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 1308(d) of Title 66 of the Pennsylvania
    10  Consolidated Statutes is amended and a subsection is added to
    11  read:
    12  § 1308.  Voluntary changes in rates.
    13     * * *
    14     (d)  General rate increases.--Whenever there is filed with
    15  the commission by any public utility described in paragraph
    16  (1)(i), (ii), (vi) or (vii) of the definition of "public
    17  utility" in section 102 (relating to definitions), and such
    18  other public utility as the commission may by rule or regulation
    19  direct, any tariff stating a new rate which constitutes a

     1  general rate increase, the commission shall promptly enter into
     2  an investigation and analysis of said tariff filing [and]. If
     3  the tariff states a new rate which is calculated to increase the  <--
     4  public utility's gross annual intrastate operating revenues by
     5  less than $10,000,000, the commission may by order setting forth
     6  its reasons therefor, upon complaint or upon its own motion,
     7  upon reasonable notice, enter upon a hearing concerning the
     8  lawfulness of such rate, and the commission may, at any time by
     9  vote of a majority of the members of the commission serving in
    10  accordance with law, permit such tariff to become effective,
    11  except that absent such order such tariff shall be suspended for
    12  a period not to exceed seven months from the time such rate
    13  would otherwise become effective. [Before the expiration of such
    14  seven-month period,] If the tariff states a new rate which is     <--
    15  calculated to increase the public utility's gross annual
    16  operating revenues by at least $10,000,000, the commission
    17  shall, upon reasonable notice, enter upon a hearing concerning
    18  the lawfulness of the rate and the tariff shall be suspended for
    19  a period not to exceed nine months from the date on which the
    20  public utility filed the tariff with the commission. Before the
    21  expiration of the maximum period of suspension of any tariff
    22  stating a new rate which constitutes a general rate increase, a   <--
    23  majority of the members of the commission serving in accordance
    24  with law, acting unanimously, shall make a final decision and
    25  order, setting forth its reasons therefor, granting or denying,
    26  in whole or in part, the general rate increase requested. If,
    27  however, such an order has not been made at the expiration of
    28  [such seven-month period,] the maximum period of suspension, the
    29  proposed general rate increase shall go into effect at the end
    30  of such period, but the commission may by order require the
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     1  interested public utility to refund, in accordance with section
     2  1312 (relating to refunds), to the persons in whose behalf such
     3  amounts were paid, such portion of such increased rates as by
     4  its decision shall be found not justified, plus interest, which
     5  shall be the average rate of interest specified for residential
     6  mortgage lending by the Secretary of Banking in accordance with
     7  the act of January 30, 1974 (P.L.13, No.6), referred to as the
     8  Loan Interest and Protection Law, during the period or periods
     9  for which the commission orders refunds. The rate in force when
    10  the tariff stating such new rate was filed shall continue in
    11  force during the period of suspension unless the commission
    12  shall grant extraordinary rate relief as prescribed in
    13  subsection (e). The commission shall consider the effect of such
    14  suspension in finally determining and prescribing the rates to
    15  be thereafter charged and collected by such public utility,
    16  except that the commission shall have no authority to prescribe,
    17  determine or fix, at any time during the pendency of a general
    18  rate increase proceeding or prior to a final determination of a
    19  general rate increase request, temporary rates as provided in
    20  section 1310, which rates may provide retroactive increases
    21  through recoupment. As used in this part general rate increase
    22  means a tariff filing which affects more than 5% of the
    23  customers and amounts to in excess of 3% of the total gross
    24  annual intrastate operating revenues of the public utility. If
    25  the public utility furnishes two or more types of service, the
    26  foregoing percentages shall be determined only on the basis of
    27  the customers receiving, and the revenues derived from, the type
    28  of service to which the tariff filing pertains.
    29     (d.1)  Multiple filings prohibited.--Except as required to
    30  implement an order granting extraordinary rate relief, no public
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     1  utility which has filed one tariff, or one supplement to a
     2  proposed or existing tariff, stating a new rate which             <--
     3  constitutes a general rate increase shall file an additional
     4  tariff, or supplement, stating a new rate which constitutes a     <--
     5  GENERAL rate increase, other than a rate increase pursuant to     <--
     6  section 1307 or subsection (e) of this section, for the same
     7  type of service until the commission has made a final decision
     8  and order on the first tariff or supplement or, if earlier,
     9  until the expiration of the maximum period of suspension of the
    10  first tariff or supplement. Except as required to implement an
    11  order granting extraordinary rate relief in accordance with       <--
    12  subsection (e) of this section or to implement a rate increase
    13  in accordance with section 1307, no public utility shall
    14  simultaneously file multiple tariffs, multiple supplements to an
    15  existing or a proposed tariff or tariffs, or a tariff and a
    16  supplement to a proposed or existing tariff stating a new rate    <--
    17  which constitutes a GENERAL rate increase for the same type of    <--
    18  service.
    19     * * *
    20     SECTION 2.  TITLE 66 IS AMENDED BY ADDING A SECTION TO READ:   <--
    21  § 1510.  METERING OF ELECTRICITY SUPPLIED TO PLACES OF WORSHIP    <--
    22             AND VOLUNTEER FIRE COMPANIES.
    23     A PUBLIC UTILITY SUPPLYING ELECTRICITY TO A CHURCH OR OTHER
    24  ACTUAL PLACE OF WORSHIP AND VOLUNTEER FIRE COMPANIES SHALL
    25  MEASURE THE CONSUMPTION OF ELECTRICITY SUPPLIED THERETO BY THE
    26  SAME METHOD THAT ELECTRICITY TO RESIDENTIAL CUSTOMERS IS
    27  MEASURED.
    28     Section 2 3.  This act shall take effect in 60 days.           <--


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