PRINTER'S NO. 286

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 265 Session of 1987


        INTRODUCED BY CAPPABIANCA, MANDERINO, DORR, F. TAYLOR, GALLEN,
           DOMBROWSKI, HALUSKA, COWELL, COY, KOSINSKI, HERSHEY, LANGTRY,
           VEON, DeWEESE, FREEMAN, STABACK, CARLSON, MORRIS, JOHNSON,
           SWEET, BOYES, MAIALE, BLAUM, EVANS, MERRY, McHALE, WOGAN,
           STEIGHNER, McCALL, KENNEY, G. SNYDER, LIVENGOOD, TRELLO,
           BUSH, LASHINGER, CARN, PETRONE, VAN HORNE, McVERRY, CAWLEY,
           TIGUE, PUNT, PISTELLA, BELARDI, PRESSMANN, BALDWIN, ITKIN,
           GANNON, COLAFELLA, DUFFY, GRUPPO, WILSON, HERMAN, KUKOVICH,
           LaGROTTA, HARPER, DeLUCA, JOSEPHS, FARGO, BOWSER, BLACK,
           E. Z. TAYLOR, DISTLER, MARKOSEK, HECKLER, YANDRISEVITS, BURD
           AND RITTER, FEBRUARY 10, 1987

        REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE,
           FEBRUARY 10, 1987

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, providing for the representation of
     3     small business ratepayers in proceedings involving general
     4     rate increases; and making an appropriation.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 66 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 308.1.  Representation of small businesses.
    10     (a)  General rule.--When members of the staff of the
    11  commission participate in the prosecution of a proceeding
    12  involving a general rate increase under section 1308 (relating
    13  to voluntary changes in rates), at least one of those staff
    14  members shall represent the interests of small business

     1  ratepayers on issues involving rate structure unless the members
     2  of the staff determine that representing small business
     3  ratepayers in the proceeding is not necessary because those
     4  ratepayers are otherwise adequately represented or that the
     5  resources available are not adequate.
     6     (b)  Petitions.--In determining if and in what way it will
     7  represent the interests of small business ratepayers in
     8  accordance with subsection (a), the members of the commission
     9  staff involved in the prosecution of a proceeding involving a
    10  general rate increase may consider petitions presented in
    11  writing by small business ratepayers. Within a reasonable time
    12  after receipt of a petition, the staff shall notify the
    13  petitioners, or the principal sponsors of the petition, of the
    14  action taken or intended to be taken with respect to the matters
    15  presented in the petition and the reasons for such action.
    16     (c)  Report.--The commission shall annually submit a report
    17  to the General Assembly containing a review of the general rate
    18  increase proceedings in which small business ratepayers were
    19  represented by commission staff as required by this section and
    20  of the general rate increase proceedings in which small business
    21  ratepayers were not represented by commission staff, including
    22  the reasons for not providing representation in those
    23  proceedings.
    24     (d)  Repayment of appropriation.--Any funds appropriated from
    25  the General Fund for the purposes of this section shall be
    26  repaid to the General Fund in the next fiscal year from the
    27  funds assessed for the operation of the commission under section
    28  510 (relating to assessment for regulatory expenses upon public
    29  utilities).
    30     (e)  Definition.--As used in this section the term "small
    19870H0265B0286                  - 2 -

     1  business ratepayer" means a commercial or industrial customer
     2  which is a sole proprietorship, partnership, corporation,
     3  association or other business entity, and which has fewer than
     4  250 employees or a net worth of not more than $2,000,000.
     5     Section 2.  The sum of $200,000, or as much thereof as may be
     6  necessary, is hereby appropriated from the General Fund to the
     7  Pennsylvania Public Utility Commission for the fiscal year July
     8  1, 1987, to June 30, 1988, for providing commission staff and
     9  outside experts to carry out the provisions of 66 Pa.C.S. §
    10  308.1.
    11     Section 3.  This act shall take effect July 1, 1987, or
    12  immediately, whichever is later.












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