See other bills
under the
same topic
PRINTER'S NO. 2095
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1365
Session of
2020
INTRODUCED BY PHILLIPS-HILL, J. WARD AND BLAKE, OCTOBER 19, 2020
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 19, 2020
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in natural gas competition, further
providing for standards for restructuring of natural gas
utility industry and for consumer protections and customer
service and for requirements for natural gas suppliers; and,
in restructuring of electric utility industry, further
providing for standards for restructuring of electric
industry, for duties of electric distribution companies and
for requirements for electric generation suppliers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2203 of Title 66 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 2203. Standards for restructuring of natural gas utility
industry.
The following interdependent standards shall govern the
commission's actions in adopting rules, orders or policies and
in reviewing, assessing and approving each natural gas
distribution company's restructuring filings and overseeing the
transition process and regulation of the restructured natural
gas utility industry:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
* * *
(3.1) The commission shall require, by order or
regulation to be issued within 210 days of the effective date
of this paragraph, that each natural gas distribution company
unbundle all costs associated with providing supplier of last
resort service from distribution rates and ensure that the
appropriate level of the costs are recovered in supplier of
last resort rates. The specific costs to be unbundled shall
include, but not be limited to: commodity costs, capacity
costs, hedging costs whether financial or physical,
procurement costs, billing system and billing costs, customer
service and account management costs, working capital,
overheads, including building and information technology
costs, legal and financial costs and labor costs. To the
extent any of these costs are indirect costs to pay for
services that support both distribution customers and
supplier of last resort customers, the commission shall
require an appropriate proportion of those indirect costs be
allocated to supplier of last resort. The intent of this
requirement is to ensure that the actual costs of providing
distribution and supplier of last resort service are
accurately reflected in the rates charged for those services.
The unbundling and reallocation shall be accomplished in the
utility's next rate case. If a natural gas distribution
company does not file a rate case within three years
following the effective date of this paragraph, the
commission may order the filing of information to effectuate
unbundling and, after the filing, may commence a proceeding
where the unbundling is accomplished. After the initial
allocation, changes shall be permitted only in a general rate
20200SB1365PN2095 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
case. If the commission finds it necessary to do so, the
commission may establish a mandatory schedule for the filing
information and the unbundling proceedings required by this
paragraph.
* * *
Section 2. Section 2206(b) of Title 66 is amended to read:
§ 2206. Consumer protections and customer service.
* * *
(b) Change of suppliers.--
(1) The commission shall, by order or regulation,
establish procedures to ensure that a natural gas
distribution company does not change a retail gas customer's
natural gas supplier without direct oral confirmation from
the customer of record or written evidence of the customer's
consent to a change of supplier.
(2) The commission shall establish regulations to ensure
that a natural gas distribution company processes a change in
natural gas supplier by using either the customer account
number or other personally identifiable information. A
customer who consents to a change of natural gas supplier
shall not be required to provide a natural gas distribution
company account number or other identification number if the
customer provides a valid government-issued identification or
alternative form of identification as determined by the
commission.
* * *
Section 3. Section 2208 of Title 66 is amended by adding a
subsection to read:
§ 2208. Requirements for natural gas suppliers.
* * *
20200SB1365PN2095 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) Training and education program requirements for natural
gas suppliers.--
(1) The commission shall develop a training and
educational program for any entity or individual that is
licensed by the commission under this section as a natural
gas supplier.
(2) The commission shall develop the program in
consultation with interested stakeholders, including natural
gas suppliers.
(3) The program shall require that a designated
representative of each licensed natural gas supplier
demonstrate a thorough understanding of the commission's
regulations regarding sales, consumer protection and any
other matter the commission deems appropriate through an
online training program.
(4) At the conclusion of the training, the commission
shall conduct an online examination and, on a satisfactory
score, certify that the designated representative of the
licensed natural gas supplier has successfully completed the
training.
(5) The commission shall determine the schedule and
frequency by which a designated representative of a licensed
natural gas supplier must complete the training and
certification. The commission may not issue a license to a
new natural gas supplier until a designated representative of
the new natural gas supplier completes the training and
certification.
(6) The commission may adopt regulations that include
appropriate penalties or sanctions for failure to comply with
this subsection.
20200SB1365PN2095 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(7) The commission shall use the assessments collected
in accordance with this part for the initial development of
the training and educational program. The commission may
establish reasonable fees, as authorized under paragraph (h),
to fund the training and educational program.
Section 4. Section 2804 of Title 66 is amended by adding a
paragraph to read:
§ 2804. Standards for restructuring of electric industry.
The following interdependent standards shall govern the
commission's assessment and approval of each public utility's
restructuring plan, oversight of the transition process and
regulation of the restructured electric utility industry:
* * *
(3.1) The commission shall require, by order or
regulation to be issued within 210 days of the effective date
of this paragraph, that each electric distribution company
unbundle all costs associated with providing default service
from distribution rates and ensure that the appropriate level
of the costs are recovered in default service or standard
offer service rates. The specific costs to be unbundled shall
include, but not be limited to: commodity costs, capacity
costs, hedging costs whether financial or physical,
procurement costs, billing system and billing costs, customer
service and account management costs, working capital,
overheads, including building and information technology
costs, legal and financial costs and labor costs. To the
extent any of these costs are indirect costs to pay for
services that support both distribution customers and default
service customers, the commission shall require an
appropriate proportion of those indirect costs be allocated
20200SB1365PN2095 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to default service. The intent of this requirement is to
ensure that the actual costs of providing distribution and
default service are accurately reflected in the rates charged
for those services. The unbundling and reallocation shall be
accomplished in the utility's next rate case. If an electric
distribution company does not file a rate case within three
years following the effective date of this paragraph, the
commission may order the filing of information in order to
effectuate unbundling and may, after the filing, commence a
proceeding where the unbundling is accomplished. After the
initial allocation, changes shall be permitted only in a
general rate case. If the commission finds it necessary to do
so, the commission may establish a mandatory schedule for the
filing information and the unbundling proceedings required by
this paragraph.
* * *
Section 5. Sections 2807 and 2809 of Title 66 are amended by
adding subsections to read:
§ 2807. Duties of electric distribution companies.
* * *
(f.1) Processing changes in suppliers.--The commission shall
establish regulations to ensure that an electric distribution
company processes a change in electric generation supplier by
using either the customer account number or other personally
identifiable information. A customer who consents to a change of
electric generation supplier shall not be required to provide an
electric distribution company account number or other
identification number if the customer provides a valid
government-issued or alternative form of identification as
determined by the commission.
20200SB1365PN2095 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
§ 2809. Requirements for electric generation suppliers.
* * *
(h) Training and education program requirements for electric
generation suppliers.--
(1) The commission shall develop a training and
educational program for any entity or individual that is
licensed by the commission under this section as an electric
generation supplier.
(2) The commission shall develop the program in
consultation with interested stakeholders, including electric
generation suppliers.
(3) The program shall require that a designated
representative of each licensed electric generation supplier
demonstrate a thorough understanding of the commission's
regulations regarding sales, consumer protection and any
other matter the commission deems appropriate through an
online training program.
(4) At the conclusion of the training, the commission
shall conduct an online examination and, on a satisfactory
score, certify that the designated representative of the
licensed electric generation supplier has successfully
completed the training.
(5) The commission shall determine the schedule and
frequency by which a designated representative of a licensed
electric generation supplier must complete the training and
certification. The commission may not issue a license to a
new electric generation supplier until a designated
representative of the new electric generation supplier
completes the training and certification.
20200SB1365PN2095 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(6) The commission may adopt regulations that include
appropriate penalties or sanctions for failure to comply with
this subsection.
(7) The commission shall use the assessments collected
in accordance with this part for the initial development of
the training and educational program. The commission may
establish reasonable fees, as authorized under paragraph (g),
to fund the training and educational program.
Section 6. This act shall take effect in 60 days.
20200SB1365PN2095 - 8 -
1
2
3
4
5
6
7
8
9