SENATE AMENDED
PRIOR PRINTER'S NOS. 286, 1817, 2547 PRINTER'S NO. 3216
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,
RITTER, HUGHES, BROUJOS AND PHILLIPS, FEBRUARY 9, 1987
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN
SENATE, AS AMENDED, MAY 3, 1988
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 PROVIDING FOR THE OFFICE OF SMALL BUSINESS ADVOCATE IN THE <--
6 OFFICE OF ATTORNEY GENERAL; PROVIDING FOR THE POWERS AND
7 DUTIES OF THE OFFICE OF SMALL BUSINESS ADVOCATE AND THE
8 PENNSYLVANIA PUBLIC UTILITY COMMISSION IN RELATION THERETO;
9 AND MAKING A TEMPORARY APPROPRIATION.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Title 66 of the Pennsylvania Consolidated <--
13 Statutes is amended by adding a section to read:
14 § 306.1. Representation of small businesses.
15 (a) General rule.--When members of the Office of Trial Staff
16 participate in the prosecution of a proceeding involving a
1 general rate increase under section 1308 (relating to voluntary
2 changes in rates), at least one of those staff members shall
3 represent the interests of small business ratepayers on issues
4 involving rate structure unless the Director of Trial Staff
5 determines that representing small business ratepayers in the
6 proceeding is not necessary because those ratepayers are
7 otherwise adequately represented or that the resources available
8 are not adequate.
9 (b) Petitions.--In determining if and in what way it will
10 represent the interests of small business ratepayers in
11 accordance with subsection (a), the Office of Trial Staff, in a
12 proceeding involving a general rate increase, may consider
13 petitions presented in writing by small business ratepayers.
14 Within a reasonable time after receipt of a petition, the Office
15 of Trial Staff shall notify the petitioners, or the principal
16 sponsors of the petition, of the action taken or intended to be
17 taken with respect to the matters presented in the petition and
18 the reasons for such action.
19 (c) Report.--The commission shall annually submit a report
20 to the General Assembly containing a review of the general rate
21 increase proceedings in which small business ratepayers were
22 represented by the Office of Trial Staff as required by this
23 section and of the general rate increase proceedings in which
24 small business ratepayers were not represented by the Office of
25 Trial Staff, including the reasons for not providing
26 representation in those proceedings.
27 (d) Repayment of appropriation.--Any funds appropriated from
28 the General Fund for the purposes of this section shall be
29 repaid to the General Fund in the next fiscal year from the
30 funds assessed for the operation of the commission under section
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1 510 (relating to assessment for regulatory expenses upon public
2 utilities).
3 (e) Definition.--As used in this section, the term "small
4 business ratepayer" means a commercial or industrial customer
5 which is a sole proprietorship, partnership, corporation,
6 association or other business entity, and which has fewer than
7 250 employees or a net worth of not more than $2,000,000.
8 Section 2. This act shall take effect July 1, 1987, or
9 immediately, whichever is later.
10 SECTION 1. SHORT TITLE. <--
11 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE SMALL
12 BUSINESS ADVOCATE ACT.
13 SECTION 2. DEFINITIONS.
14 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
15 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
16 CONTEXT CLEARLY INDICATES OTHERWISE:
17 "COMMISSION." THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
18 "PUBLIC UTILITY." A PUBLIC UTILITY AS DEFINED IN 66 PA.C.S.
19 § 102 (RELATING TO DEFINITIONS).
20 "SMALL BUSINESS CONSUMER." A PERSON, SOLE PROPRIETORSHIP,
21 PARTNERSHIP, CORPORATION, ASSOCIATION OR OTHER BUSINESS ENTITY
22 WHICH EMPLOYS FEWER THAN 250 EMPLOYEES AND WHICH RECEIVES PUBLIC
23 UTILITY SERVICE UNDER A SMALL COMMERCIAL, SMALL INDUSTRIAL OR
24 SMALL BUSINESS RATE CLASSIFICATION.
25 SECTION 3. OFFICE OF SMALL BUSINESS ADVOCATE.
26 (A) OFFICE ESTABLISHED.--THERE IS HEREBY ESTABLISHED WITHIN
27 THE OFFICE OF ATTORNEY GENERAL AN OFFICE OF SMALL BUSINESS
28 ADVOCATE TO REPRESENT THE INTEREST OF SMALL BUSINESS CONSUMERS
29 BEFORE THE COMMISSION.
30 (B) SMALL BUSINESS ADVOCATE.--THE ATTORNEY GENERAL SHALL
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1 APPOINT A SMALL BUSINESS ADVOCATE, WHICH APPOINTMENT SHALL BE
2 SUBJECT TO THE APPROVAL OF A MAJORITY OF THE MEMBERS ELECTED TO
3 THE SENATE. THE SMALL BUSINESS ADVOCATE SHALL SERVE AS SMALL
4 BUSINESS ADVOCATE UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED.
5 (C) QUALIFICATIONS.--THE SMALL BUSINESS ADVOCATE SHALL BE A
6 PERSON WHO BY REASON OF TRAINING, EXPERIENCE AND ATTAINMENT IS
7 QUALIFIED TO REPRESENT THE INTEREST OF SMALL BUSINESS CONSUMERS.
8 COMPENSATION SHALL BE SET BY THE EXECUTIVE BOARD.
9 (D) GENERAL RESTRICTIONS.--NO INDIVIDUAL WHO SERVES AS A
10 SMALL BUSINESS ADVOCATE SHALL, WHILE SERVING IN SUCH POSITION,
11 ENGAGE IN ANY BUSINESS, VOCATION OR OTHER EMPLOYMENT, OR HAVE
12 OTHER INTERESTS, INCONSISTENT WITH HIS OFFICIAL
13 RESPONSIBILITIES, NOR SHALL HE SEEK OR ACCEPT EMPLOYMENT NOR
14 RENDER BENEFICIAL SERVICES FOR COMPENSATION WITH ANY "PERSON" OR
15 "CORPORATION," AS DEFINED IN 66 PA.C.S. § 102 (RELATING TO
16 DEFINITIONS), SUBJECT TO THE AUTHORITY OF THE COMMISSION DURING
17 THE TENURE OF THE APPOINTMENT AND FOR A PERIOD OF TWO YEARS
18 AFTER THE APPOINTMENT IS SERVED OR TERMINATED.
19 (E) POLITICAL OFFICE RESTRICTIONS.--ANY INDIVIDUAL WHO IS
20 APPOINTED TO THE POSITION OF SMALL BUSINESS ADVOCATE SHALL NOT
21 SEEK ELECTION NOR ACCEPT APPOINTMENT TO ANY PUBLIC OFFICE DURING
22 THE TENURE AS SMALL BUSINESS ADVOCATE AND FOR A PERIOD OF TWO
23 YEARS AFTER THE APPOINTMENT IS SERVED OR TERMINATED.
24 (F) ATTORNEY GENERAL RESTRICTIONS.--THE ATTORNEY GENERAL
25 SHALL HAVE ADMINISTRATIVE RESPONSIBILITIES FOR THE OFFICE ONLY
26 AND SHALL NOT BE RESPONSIBLE, IN ANY MANNER, FOR THE POLICIES,
27 PROCEDURES OR OTHER SUBSTANTIVE MATTERS DEVELOPED BY THE OFFICE
28 OF SMALL BUSINESS ADVOCATE IN CARRYING OUT ITS DUTIES UNDER THIS
29 ACT TO REPRESENT THE SMALL BUSINESS CONSUMER.
30 SECTION 4. ASSISTANT ADVOCATES; EMPLOYEES.
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1 THE SMALL BUSINESS ADVOCATE, WITH THE APPROVAL OF THE
2 ATTORNEY GENERAL, SHALL APPOINT ATTORNEYS AS ASSISTANT SMALL
3 BUSINESS ADVOCATES, AND SUCH ADDITIONAL CLERICAL, TECHNICAL AND
4 PROFESSIONAL STAFF AS MAY BE APPROPRIATE, AND MAY CONTRACT FOR
5 SUCH ADDITIONAL SERVICES AS SHALL BE NECESSARY FOR THE
6 PERFORMANCE OF HIS FUNCTION. THE COMPENSATION OF ASSISTANT SMALL
7 BUSINESS ADVOCATES AND SUCH CLERICAL, TECHNICAL AND PROFESSIONAL
8 STAFF SHALL BE SET BY THE EXECUTIVE BOARD. NO ASSISTANT SMALL
9 BUSINESS ADVOCATE OR OTHER STAFF EMPLOYEE SHALL, WHILE SERVING
10 IN SUCH POSITION, ENGAGE IN ANY BUSINESS, VOCATION OR OTHER
11 EMPLOYMENT, OR HAVE OTHER INTERESTS, INCONSISTENT WITH HIS
12 OFFICIAL RESPONSIBILITIES.
13 SECTION 5. POWERS AND DUTIES OF THE SMALL BUSINESS ADVOCATE.
14 (A) REPRESENTING INTERESTS OF SMALL BUSINESS CONSUMERS.--IN
15 ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON HIM BY THIS ACT,
16 THE SMALL BUSINESS ADVOCATE IS AUTHORIZED, AND IT SHALL BE HIS
17 DUTY IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS ACT, TO
18 REPRESENT THE INTEREST OF SMALL BUSINESS CONSUMERS AS A PARTY,
19 OR OTHERWISE PARTICIPATE FOR THE PURPOSE OF REPRESENTING AN
20 INTEREST OF SMALL BUSINESS CONSUMERS BEFORE THE COMMISSION IN
21 ANY MATTER PROPERLY BEFORE THE COMMISSION, AND BEFORE ANY COURT,
22 OR AGENCY, INITIATING PROCEEDINGS IF IN HIS JUDGMENT SUCH MAY BE
23 NECESSARY, IN CONNECTION WITH ANY MATTER INVOLVING REGULATION BY
24 THE COMMISSION OR THE CORRESPONDING REGULATORY AGENCY OF THE
25 UNITED STATES, WHETHER ON APPEAL OR OTHERWISE INITIATED.
26 (B) MONITORING AND PARTICIPATING IN PROCEEDINGS.--THE SMALL
27 BUSINESS ADVOCATE MAY MONITOR ALL CASES BEFORE CORRESPONDING
28 REGULATORY AGENCIES OF THE UNITED STATES, INCLUDING THE FEDERAL
29 COMMUNICATIONS COMMISSION AND THE FEDERAL ENERGY REGULATORY
30 COMMISSION, WHICH IMPACT UPON THE INTERESTS OF PENNSYLVANIA
19870H0265B3216 - 5 -
1 SMALL BUSINESS CONSUMERS, AND MAY FORMALLY PARTICIPATE IN THOSE
2 PROCEEDINGS WHICH IN HIS JUDGMENT WARRANT SUCH PARTICIPATION.
3 (C) EXERCISE OF DISCRETION.--THE SMALL BUSINESS ADVOCATE MAY
4 EXERCISE DISCRETION IN DETERMINING THE INTERESTS WHICH WILL BE
5 ADVOCATED IN ANY PARTICULAR PROCEEDING AND IN DETERMINING
6 WHETHER OR NOT TO PARTICIPATE IN OR INITIATE ANY PARTICULAR
7 PROCEEDING AND, IN SO DETERMINING, SHALL CONSIDER THE PUBLIC
8 INTEREST, THE RESOURCES AVAILABLE AND THE SUBSTANTIALITY OF THE
9 EFFECT OF THE PROCEEDING ON THE INTEREST OF SMALL BUSINESS
10 CONSUMERS. THE SMALL BUSINESS ADVOCATE MAY REFRAIN FROM
11 INTERVENING WHEN, IN THE JUDGMENT OF THE SMALL BUSINESS
12 ADVOCATE, SUCH IS NOT NECESSARY TO REPRESENT ADEQUATELY THE
13 INTEREST OF SMALL BUSINESS CONSUMERS.
14 (D) ACTION UPON PETITION.--IN ADDITION TO ANY OTHER
15 AUTHORITY CONFERRED UPON HIM BY THIS ACT, THE SMALL BUSINESS
16 ADVOCATE IS AUTHORIZED TO REPRESENT AN INTEREST OF SMALL
17 BUSINESS CONSUMERS WHICH IS PRESENTED TO HIM FOR HIS
18 CONSIDERATION UPON PETITION IN WRITING BY A SUBSTANTIAL NUMBER
19 OF SMALL BUSINESS CONSUMERS. THE SMALL BUSINESS ADVOCATE SHALL
20 NOTIFY THE PRINCIPAL SPONSORS OF ANY SUCH PETITION OF THE ACTION
21 TAKEN OR INTENDED TO BE TAKEN BY HIM WITH RESPECT TO THE
22 INTEREST OF CONSUMERS PRESENTED IN SUCH PETITION. IF THE SMALL
23 BUSINESS ADVOCATE DECLINES OR IS UNABLE TO REPRESENT SUCH
24 INTEREST, HE SHALL NOTIFY SUCH SPONSORS AND SHALL STATE HIS
25 REASONS.
26 (E) NAME IN WHICH ACTION IS BROUGHT.--ANY ACTION BROUGHT BY
27 THE SMALL BUSINESS ADVOCATE BEFORE A COURT OR ANY AGENCY OF THIS
28 COMMONWEALTH SHALL BE BROUGHT IN THE NAME OF THE SMALL BUSINESS
29 ADVOCATE. THE SMALL BUSINESS ADVOCATE MAY NAME A SMALL BUSINESS
30 CONSUMER OR GROUP OF SMALL BUSINESS CONSUMERS IN WHOSE NAME THE
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1 ACTION MAY BE BROUGHT OR MAY JOIN CONSUMERS IN BRINGING SUCH
2 ACTION.
3 (F) ISSUANCE OF WRITTEN STATEMENT.--AT SUCH TIME AS THE
4 SMALL BUSINESS ADVOCATE DETERMINES, IN ACCORDANCE WITH
5 APPLICABLE TIME LIMITATIONS, TO INITIATE, INTERVENE OR OTHERWISE
6 PARTICIPATE IN ANY COMMISSION, AGENCY OR COURT PROCEEDING, HE
7 SHALL ISSUE PUBLICLY A WRITTEN STATEMENT, A COPY OF WHICH HE
8 SHALL FILE IN THE PROCEEDING IN ADDITION TO ANY REQUIRED ENTRY
9 OF HIS APPEARANCE, STATING CONCISELY THE SPECIFIC INTEREST OF
10 SMALL BUSINESS CONSUMERS TO BE PROTECTED.
11 SECTION 6. ASSESSMENT UPON PUBLIC UTILITIES; DISPOSITION,
12 APPROPRIATION AND DISBURSEMENT OF SUCH
13 ASSESSMENTS.
14 (A) ESTIMATE OF EXPENDITURES.--BEFORE NOVEMBER 1 OF EACH
15 YEAR, THE SMALL BUSINESS ADVOCATE SHALL ESTIMATE THE TOTAL
16 EXPENDITURES FOR THE OFFICE OF SMALL BUSINESS ADVOCATE AND
17 SUBMIT THE ESTIMATE TO THE GOVERNOR IN ACCORDANCE WITH SECTION
18 610 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
19 ADMINISTRATIVE CODE OF 1929. AT THE SAME TIME THE SMALL BUSINESS
20 ADVOCATE SUBMITS HIS ESTIMATE TO THE GOVERNOR, THE SMALL
21 BUSINESS ADVOCATE SHALL ALSO SUBMIT THE ESTIMATE TO THE GENERAL
22 ASSEMBLY. SUCH ESTIMATE SHALL NOT EXCEED 0.0125% OF THE TOTAL
23 GROSS INTRASTATE OPERATING REVENUES OF ALL PUBLIC UTILITIES
24 SUBJECT TO THE JURISDICTION OF THE COMMISSION FOR THE PRECEDING
25 CALENDAR YEAR. THE SMALL BUSINESS ADVOCATE, OR HIS DESIGNATED
26 REPRESENTATIVES, SHALL BE AFFORDED AN OPPORTUNITY TO APPEAR
27 BEFORE THE GOVERNOR AND THE SENATE AND HOUSE APPROPRIATIONS
28 COMMITTEES REGARDING HIS ESTIMATE. IF THE GENERAL ASSEMBLY FAILS
29 TO APPROVE THE SMALL BUSINESS ADVOCATE'S BUDGET FOR THE PURPOSES
30 OF THIS SECTION BY MARCH 20, THE COMMISSION SHALL ASSESS PUBLIC
19870H0265B3216 - 7 -
1 UTILITIES ON THE BASIS OF THE LAST APPROVED ALLOCATION. AT SUCH
2 TIME AS THE GENERAL ASSEMBLY APPROVES THE PROPOSED BUDGET, THE
3 SMALL BUSINESS ADVOCATE AND THE COMMISSION SHALL MAKE AN
4 ADJUSTMENT IN THE ASSESSMENT TO REFLECT THE APPROVED BUDGET. THE
5 OFFICE OF SMALL BUSINESS ADVOCATE SHALL SUBTRACT FROM THE BUDGET
6 FINALLY APPROVED BY THE GENERAL ASSEMBLY ANY BALANCE OF THE
7 APPROPRIATION TO BE CARRIED OVER INTO SUCH FISCAL YEAR FROM THE
8 PRECEDING ONE. THE REMAINDER SO DETERMINED SHALL CONSTITUTE THE
9 TOTAL ASSESSMENT, AND SHALL BE ALLOCATED TO AND PAID BY PUBLIC
10 UTILITIES IN THE MANNER HEREAFTER PRESCRIBED.
11 (B) ALLOCATION OF ASSESSMENT.--FOR EACH FISCAL YEAR THE
12 ALLOCATION SHALL BE MADE AS FOLLOWS:
13 (1) THE OFFICE OF SMALL BUSINESS ADVOCATE SHALL
14 DETERMINE FOR THE PRECEDING CALENDAR YEAR THE AMOUNT OF ITS
15 EXPENDITURES DIRECTLY ATTRIBUTABLE, OR IN ITS JUDGMENT
16 PROPERLY ALLOCABLE, TO ITS ACTIVITIES IN CONNECTION WITH EACH
17 GROUP OF UTILITIES FURNISHING THE SAME KIND OF SERVICE AND
18 DEBIT THE AMOUNT SO DETERMINED TO SUCH GROUP.
19 (2) THE OFFICE OF SMALL BUSINESS ADVOCATE SHALL THEN
20 ALLOCATE THE TOTAL ASSESSMENT PRESCRIBED IN SUBSECTION (A) TO
21 EACH GROUP IN THE PROPORTION WHICH THE SUM OF THE DEBITS MADE
22 TO IT BEARS TO THE SUM OF THE DEBITS MADE TO ALL GROUPS. THE
23 OFFICE OF SMALL BUSINESS ADVOCATE SHALL TRANSMIT TO THE
24 COMMISSION THE RESULT OF THE AFORESAID ALLOCATION.
25 (C) COLLECTION OF ASSESSMENT.--THE COMMISSION SHALL
26 THEREAFTER COMPLETE THE ASSESSMENT PROCEDURE AND COLLECT THE
27 ASSESSMENTS AS FOLLOWS: EACH PUBLIC UTILITY WITHIN A GROUP SHALL
28 THEN BE ASSESSED FOR AND SHALL PAY TO THE COMMISSION SUCH
29 PROPORTION OF THE AMOUNT ALLOCATED TO ITS GROUP AS THE GROSS
30 INTRASTATE OPERATING REVENUES OF THE PUBLIC UTILITY FOR THE
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1 PRECEDING CALENDAR YEAR BEAR TO THE TOTAL GROSS INTRASTATE
2 OPERATING REVENUES OF ITS GROUP FOR THAT YEAR. THE COMMISSION
3 SHALL GIVE NOTICE BY REGISTERED MAIL TO EACH PUBLIC UTILITY OF
4 THE AMOUNT LAWFULLY CHARGED AGAINST IT UNDER THE PROVISIONS OF
5 THIS SECTION, WHICH AMOUNT SHALL BE PAID BY THE PUBLIC UTILITY
6 WITHIN 30 DAYS OF RECEIPT OF SUCH NOTICE, UNLESS THE COMMISSION
7 SPECIFIES ON THE NOTICES SENT TO ALL PUBLIC UTILITIES AN
8 INSTALLMENT PLAN OF PAYMENT, IN WHICH CASE EACH PUBLIC UTILITY
9 SHALL PAY EACH INSTALLMENT ON OR BEFORE THE DATE SPECIFIED
10 THEREFOR BY THE COMMISSION. WITHIN 15 DAYS AFTER RECEIPT OF SUCH
11 NOTICE, THE PUBLIC UTILITY AGAINST WHICH SUCH ASSESSMENT HAS
12 BEEN MADE MAY FILE WITH THE COMMISSION OBJECTIONS SETTING OUT IN
13 DETAIL THE GROUNDS UPON WHICH THE OBJECTOR REGARDS SUCH
14 ASSESSMENT TO BE EXCESSIVE, ERRONEOUS, UNLAWFUL OR INVALID. THE
15 COMMISSION, AFTER NOTICE TO THE OBJECTOR, SHALL HOLD HEARING
16 UPON SUCH OBJECTIONS. AFTER SUCH HEARING, THE COMMISSION SHALL
17 RECORD UPON ITS MINUTES ITS FINDINGS ON THE OBJECTIONS AND SHALL
18 TRANSMIT TO THE OBJECTOR, BY REGISTERED MAIL, NOTICE OF THE
19 AMOUNT, IF ANY, CHARGED AGAINST IT IN ACCORDANCE WITH SUCH
20 FINDINGS, WHICH AMOUNT, OR ANY INSTALLMENT THEREOF, THEN DUE
21 SHALL BE PAID BY THE OBJECTOR WITHIN TEN DAYS AFTER RECEIPT OF
22 THE NOTICE OF THE FINDINGS OF THE COMMISSION WITH RESPECT TO
23 SUCH OBJECTIONS. IF ANY PAYMENT PRESCRIBED BY THIS SUBSECTION IS
24 NOT MADE AS AFORESAID, THE COMMISSION MAY SUSPEND OR REVOKE
25 CERTIFICATES OF PUBLIC CONVENIENCE, CERTIFY AUTOMOBILE
26 REGISTRATIONS TO THE SECRETARY OF TRANSPORTATION FOR SUSPENSION
27 OR REVOCATION OR, THROUGH THE OFFICE OF ATTORNEY GENERAL, MAY
28 INSTITUTE AN APPROPRIATE ACTION AT LAW FOR THE AMOUNT LAWFULLY
29 ASSESSED, TOGETHER WITH ANY ADDITIONAL COST INCURRED BY THE
30 COMMISSION OR THE OFFICE OF ATTORNEY GENERAL BY VIRTUE OF SUCH
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1 FAILURE TO PAY.
2 (D) NO DELAY.--NO SUIT OR PROCEEDING SHALL BE MAINTAINED IN
3 ANY COURT FOR THE PURPOSE OF RESTRAINING OR IN ANY WAY DELAYING
4 THE COLLECTION OR PAYMENT OF ANY ASSESSMENT MADE UNDER
5 SUBSECTIONS (A), (B) AND (C), BUT EVERY PUBLIC UTILITY AGAINST
6 WHICH AN ASSESSMENT IS MADE SHALL PAY THE SAME AS PROVIDED IN
7 SUBSECTION (C). ANY PUBLIC UTILITY MAKING ANY SUCH PAYMENT MAY,
8 AT ANY TIME WITHIN TWO YEARS FROM THE DATE OF PAYMENT, SUE THE
9 COMMONWEALTH IN AN ACTION AT LAW TO RECOVER THE AMOUNT PAID, OR
10 ANY PART THEREOF, UPON THE GROUND THAT THE ASSESSMENT WAS
11 EXCESSIVE, ERRONEOUS, UNLAWFUL OR INVALID, IN WHOLE OR IN PART,
12 PROVIDED THAT OBJECTIONS, AS HEREINBEFORE PROVIDED, WERE FILED
13 WITH THE COMMISSION AND PAYMENT OF THE ASSESSMENT WAS MADE UNDER
14 PROTEST EITHER AS TO ALL OR PART THEREOF. IN ANY ACTION FOR
15 RECOVERY OF ANY PAYMENTS MADE UNDER THIS SECTION, THE CLAIMANT
16 SHALL BE ENTITLED TO RAISE EVERY RELEVANT ISSUE OF LAW, BUT THE
17 FINDINGS OF ACT MADE BY THE COMMISSION, PURSUANT TO THIS
18 SECTION, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS THEREIN
19 STATED. ANY RECORDS, BOOKS, DATA, DOCUMENTS AND MEMORANDA
20 RELATING TO THE EXPENSES OF THE OFFICE OF SMALL BUSINESS
21 ADVOCATE SHALL BE ADMISSIBLE IN EVIDENCE IN ANY COURT AND SHALL
22 BE PRIMA FACIE EVIDENCE OF THE TRUTH OF THEIR CONTENTS. IF IT IS
23 FINALLY DETERMINED IN ANY SUCH ACTION THAT ALL OR ANY PART OF
24 THE ASSESSMENT FOR WHICH PAYMENT WAS MADE UNDER PROTEST WAS
25 EXCESSIVE, ERRONEOUS, UNLAWFUL OR INVALID, THE OFFICE OF SMALL
26 BUSINESS ADVOCATE SHALL MAKE A REFUND TO THE CLAIMANT OUT OF THE
27 APPROPRIATION SPECIFIED HEREIN AS DIRECTED BY THE COURT.
28 (E) PROCEDURE EXCLUSIVE.--THE PROCEDURE IN THIS SECTION
29 PROVIDING FOR THE DETERMINATION OF THE LAWFULNESS OF ASSESSMENTS
30 AND THE RECOVERY BACK OF PAYMENTS MADE PURSUANT TO SUCH
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1 ASSESSMENTS SHALL BE EXCLUSIVE OF ALL OTHER REMEDIES AND
2 PROCEDURES.
3 (F) RECORDS.--IT IS THE INTENT AND PURPOSE OF THIS SECTION
4 THAT EACH PUBLIC UTILITY SHALL ADVANCE TO THE OFFICE OF SMALL
5 BUSINESS ADVOCATE ITS REASONABLE SHARE OF THE COST OF
6 ADMINISTERING THIS ACT. THE OFFICE OF SMALL BUSINESS ADVOCATE
7 SHALL KEEP RECORDS OF THE COSTS INCURRED IN CONNECTION WITH THE
8 ADMINISTRATION AND ENFORCEMENT OF THIS ACT OR ANY OTHER ACT. THE
9 OFFICE OF SMALL BUSINESS ADVOCATE AND THE COMMISSION SHALL ALSO
10 KEEP A RECORD OF THE MANNER IN WHICH IT SHALL HAVE COMPUTED THE
11 AMOUNT ASSESSED AGAINST EVERY PUBLIC UTILITY. SUCH RECORDS SHALL
12 BE OPEN TO INSPECTION BY ALL INTERESTED PARTIES. THE
13 DETERMINATION OF SUCH COSTS AND ASSESSMENTS BY THE OFFICE OF
14 SMALL BUSINESS ADVOCATE AND THE COMMISSION, AND THE RECORDS AND
15 DATA UPON WHICH THE SAME ARE MADE, SHALL BE CONSIDERED PRIMA
16 FACIE CORRECT. IN ANY PROCEEDING INSTITUTED TO CHALLENGE THE
17 REASONABLENESS OR CORRECTNESS OF ANY ASSESSMENT UNDER THIS
18 SECTION, THE PARTY CHALLENGING THE SAME SHALL HAVE THE BURDEN OF
19 PROOF.
20 (G) PAYMENT INTO GENERAL FUND.--ALL ASSESSMENTS RECEIVED,
21 COLLECTED OR RECOVERED UNDER THIS ACT SHALL BE PAID BY THE
22 COMMISSION INTO THE GENERAL FUND OF THE STATE TREASURY THROUGH
23 THE DEPARTMENT OF REVENUE.
24 (H) USE OF ASSESSMENTS.--ALL SUCH ASSESSMENTS, ALLOCATED TO
25 AND PAID BY PUBLIC UTILITIES, SHALL BE HELD IN TRUST SOLELY FOR
26 THE PURPOSE OF DEFRAYING THE COST OF THE ADMINISTRATION AND
27 PERFORMANCE OF THE DUTIES OF THE OFFICE OF SMALL BUSINESS
28 ADVOCATE RELATING TO PROCEEDINGS BEFORE THE COMMISSION, THE
29 CORRESPONDING REGULATORY AGENCIES OF THE UNITED STATES, RELATED
30 JUDICIAL PROCEEDINGS AND OTHER SUCH MATTERS WITHIN THE
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1 JURISDICTION OF THE OFFICE OF SMALL BUSINESS ADVOCATE, AND SHALL
2 BE EARMARKED FOR THE USE OF, AND ANNUALLY APPROPRIATED TO, THE
3 OFFICE OF SMALL BUSINESS ADVOCATE FOR DISBURSEMENT SOLELY FOR
4 THAT PURPOSE.
5 (I) REQUISITIONS.--ALL REQUISITIONS UPON SUCH APPROPRIATION
6 SHALL BE SIGNED BY THE SMALL BUSINESS ADVOCATE OR SUCH DEPUTIES
7 AS HE MAY DESIGNATE IN WRITING TO THE STATE TREASURER AND SHALL
8 BE PRESENTED TO THE STATE TREASURER AND DEALT WITH BY HIM AND
9 THE TREASURY DEPARTMENT IN THE MANNER PRESCRIBED BY THE ACT OF
10 APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE.
11 SECTION 7. DUTIES OF THE COMMISSION.
12 IN DEALING WITH ANY PROPOSED ACTION WHICH MAY SUBSTANTIALLY
13 AFFECT THE INTEREST OF SMALL BUSINESS CONSUMERS, INCLUDING, BUT
14 NOT LIMITED TO, A PROPOSED CHANGE OF RATES AND THE ADOPTION OF
15 RULES, REGULATIONS, GUIDELINES, ORDERS, STANDARDS OR FINAL
16 POLICY DECISIONS, THE COMMISSION SHALL:
17 (1) NOTIFY THE SMALL BUSINESS ADVOCATE WHEN NOTICE OF
18 THE PROPOSED ACTION IS GIVEN TO THE PUBLIC OR AT A TIME FIXED
19 BY AGREEMENT BETWEEN THE SMALL BUSINESS ADVOCATE AND THE
20 COMMISSION IN A MANNER TO ASSURE THE SMALL BUSINESS ADVOCATE
21 REASONABLE NOTICE AND ADEQUATE TIME TO DETERMINE WHETHER TO
22 INTERVENE IN SUCH MATTER.
23 (2) CONSISTENT WITH ITS OTHER STATUTORY
24 RESPONSIBILITIES, TAKE SUCH ACTION WITH DUE CONSIDERATION TO
25 THE INTEREST OF SMALL BUSINESS CONSUMERS.
26 SECTION 8. SAVINGS PROVISION; CONSTRUCTION.
27 (A) NO BAR TO OTHER ACTION.--NOTHING CONTAINED IN THIS ACT
28 SHALL IN ANY WAY LIMIT THE RIGHT OF ANY SMALL BUSINESS CONSUMER
29 TO BRING A PROCEEDING BEFORE EITHER THE COMMISSION OR A COURT.
30 (B) NO IMPAIRMENT TO COMMISSION.--NOTHING CONTAINED IN THIS
19870H0265B3216 - 12 -
1 ACT SHALL BE CONSTRUED TO IMPAIR THE STATUTORY AUTHORITY OR
2 RESPONSIBILITY OF THE COMMISSION TO REGULATE PUBLIC UTILITIES IN
3 THE PUBLIC INTEREST.
4 SECTION 9. REPORTS.
5 THE SMALL BUSINESS ADVOCATE SHALL ANNUALLY TRANSMIT TO THE
6 GOVERNOR AND THE ATTORNEY GENERAL AND TO THE GENERAL ASSEMBLY,
7 AND SHALL MAKE AVAILABLE TO THE PUBLIC, AN ANNUAL REPORT ON THE
8 CONDUCT OF THE OFFICE OF SMALL BUSINESS ADVOCATE. THE SMALL
9 BUSINESS ADVOCATE SHALL MAKE RECOMMENDATIONS AS MAY FROM TIME TO
10 TIME BE NECESSARY OR DESIRABLE TO PROTECT THE INTEREST OF SMALL
11 BUSINESS CONSUMERS.
12 SECTION 10. SUNSET.
13 THE OFFICE OF SMALL BUSINESS ADVOCATE SHALL CONTINUE TOGETHER
14 WITH ITS STATUTORY FUNCTIONS AND DUTIES UNTIL DECEMBER 31, 1993,
15 WHEN IT SHALL TERMINATE AND GO OUT OF EXISTENCE UNLESS
16 REESTABLISHED OR CONTINUED BY THE GENERAL ASSEMBLY. EVALUATION
17 AND REVIEW, TERMINATION, REESTABLISHMENT AND CONTINUATION OF THE
18 AGENCY SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE ACT
19 OF DECEMBER 22, 1981 (P.L.508, NO.142), KNOWN AS THE SUNSET ACT.
20 SECTION 11. APPROPRIATION.
21 FOR THE PERIOD FROM THE EFFECTIVE DATE OF THIS ACT TO JUNE
22 30, 1989, THE SUM OF $250,000, OR AS MUCH THEREOF AS MAY BE
23 NECESSARY, IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE
24 OFFICE OF SMALL BUSINESS ADVOCATE TO CARRY OUT THE PROVISIONS OF
25 THIS ACT. ALL SUCH MONEYS APPROPRIATED FROM THE GENERAL FUND
26 SHALL BE REPAID TO THE GENERAL FUND IN THE NEXT FISCAL YEAR FROM
27 THE FUNDS ASSESSED FOR THE OPERATION OF THE OFFICE OF SMALL
28 BUSINESS ADVOCATE UNDER THIS ACT.
29 SECTION 12. EFFECTIVE DATE.
30 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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