SENATE AMENDED
19830H0164B03556 01148JRW:AO 01/24/83 #66 02/08/83
PRIOR PRINTER'S NOS. 187, 958, 1293 PRINTER'S NO. 3556
No. 164 Session of 1983
INTRODUCED BY LLOYD, KUKOVICH, CIMINI, BELFANTI, PRATT, MORRIS,
HALUSKA, BLAUM, KOSINSKI, ZWIKL, D. R. WRIGHT, CARN AND
STEIGHNER, FEBRUARY 8, 1983
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
IN SENATE, AS AMENDED, SEPTEMBER 24, 1984
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; 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
1 direct, any tariff stating a new rate which constitutes a
2 general rate increase, the commission shall promptly enter into
3 an investigation and analysis of said tariff filing [and]. If
4 the tariff is calculated to increase the public utility's gross
5 annual intrastate operating revenues by less than $10,000,000,
6 the commission may by order setting forth its reasons therefor,
7 upon complaint or upon its own motion, upon reasonable notice,
8 enter upon a hearing concerning the lawfulness of such rate, and
9 the commission may, at any time by vote of a majority of the
10 members of the commission serving in accordance with law, permit
11 such tariff to become effective, except that absent such order
12 such tariff shall be suspended for a period not to exceed seven
13 months from the time such rate would otherwise become effective.
14 [Before the expiration of such seven-month period,] If the
15 tariff is calculated to increase the public utility's gross
16 annual operating revenues by at least $10,000,000, the
17 commission shall, upon reasonable notice, enter upon a hearing
18 concerning the lawfulness of the rate and the tariff shall be
19 suspended for a period not to exceed nine months from the date
20 on which the public utility filed the tariff with the
21 commission. Before the expiration of the maximum period of
22 suspension of any tariff which constitutes a general rate
23 increase, a majority of the members of the commission serving in
24 accordance with law, acting unanimously, shall make a final
25 decision and order, setting forth its reasons therefor, granting
26 or denying, in whole or in part, the general rate increase
27 requested. If, however, such an order has not been made at the
28 expiration of [such seven-month period,] the maximum period of
29 suspension, the proposed general rate increase shall go into
30 effect at the end of such period, but the commission may by
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1 order require the interested public utility to refund, in
2 accordance with section 1312 (relating to refunds), to the
3 persons in whose behalf such amounts were paid, such portion of
4 such increased rates as by its decision shall be found not
5 justified, plus interest, which shall be the average rate of
6 interest specified for residential mortgage lending by the
7 Secretary of Banking in accordance with the act of January 30,
8 1974 (P.L.13, No.6), referred to as the Loan Interest and
9 Protection Law, during the period or periods for which the
10 commission orders refunds. The rate in force when the tariff
11 stating such new rate was filed shall continue in force during
12 the period of suspension unless the commission shall grant
13 extraordinary rate relief as prescribed in subsection (e). The
14 commission shall consider the effect of such suspension in
15 finally determining and prescribing the rates to be thereafter
16 charged and collected by such public utility, except that the
17 commission shall have no authority to prescribe, determine or
18 fix, at any time during the pendency of a general rate increase
19 proceeding or prior to a final determination of a general rate
20 increase request, temporary rates as provided in section 1310,
21 which rates may provide retroactive increases through
22 recoupment. As used in this part general rate increase means a
23 tariff filing which affects more than 5% of the customers and
24 amounts to in excess of 3% of the total gross annual intrastate
25 operating revenues of the public utility. If the public utility
26 furnishes two or more types of service, the foregoing
27 percentages shall be determined only on the basis of the
28 customers receiving, and the revenues derived from, the type of
29 service to which the tariff filing pertains.
30 (d.1) Multiple filings prohibited.--Except as required to
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1 implement an order granting extraordinary rate relief, no public
2 utility which has filed one tariff, or one supplement to a
3 proposed or existing tariff, which constitutes a general rate
4 increase shall file an additional tariff, or supplement, which
5 constitutes a general rate increase for the same type of service
6 until the commission has made a final decision and order on the
7 first tariff or supplement or, if earlier, until the expiration
8 of the maximum period of suspension of the first tariff or
9 supplement. Except as required to implement an order granting
10 extraordinary rate relief no public utility shall simultaneously
11 file multiple tariffs, multiple supplements to an existing or a
12 proposed tariff or tariffs, or a tariff and a supplement to a
13 proposed or existing tariff which constitutes a general rate
14 increase for the same type of service.
15 * * *
16 Section 2. Title 66 is amended by adding a section to read:
17 § 1510. Metering of electricity supplied to places of worship
18 and volunteer fire companies.
19 A public utility supplying electricity to a church or other
20 actual place of worship and volunteer fire companies shall
21 measure the consumption of electricity supplied thereto by the
22 same method that electricity to residential customers is
23 measured.
24 Section 3. This act shall take effect in 60 days.
25 SECTION 1. TITLE 66 OF THE PENNSYLVANIA CONSOLIDATED <--
26 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
27 § 1511. METERING OF ELECTRICITY SUPPLIED TO VOLUNTEER FIRE
28 COMPANIES.
29 A PUBLIC UTILITY SUPPLYING ELECTRICITY TO VOLUNTEER FIRE
30 COMPANIES SHALL MEASURE THE CONSUMPTION OF ELECTRICITY SUPPLIED
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1 BY THE SAME METHOD THAT ELECTRICITY TO RESIDENTIAL CUSTOMERS IS
2 MEASURED.
3 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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