PRIOR PRINTER'S NOS. 2190, 2634, 2930, PRINTER'S NO. 4059
3014, 3125
No. 1787 Session of 1979
Report of the Committee of Conference
To the Members of the House of Representatives and Senate:
We, the undersigned, Committee of Conference on the part of
the House of Representatives and Senate for the purpose of
considering House Bill No. 1787, entitled:
"An act amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, FURTHER PROVIDING FOR THE ASSESSMENT OF
REGULATORY EXPENSES UPON PUBLIC UTILITIES AND, providing for the
use of certain Federal funds AND PROVIDING FOR A BUDGET FOR THE
PUBLIC UTILITY COMMISSION FOR THE FISCAL YEAR COMMENCING JULY 1,
1980."
respectfully submit the following bill as our report:
MATTHEW J. RYAN
JEFFREY E. PICCOLA
NORMAN S. BERSON
(Committee on the part of the House of Representatives.)
ROBERT J. MELLOW
JOSEPH F. SMITH
JOHN STAUFFER
(Committee on the part of the Senate.)
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, reenacting and amending certain
3 provisions relating to the legal counsel and legal
4 representation of the commission inadvertently repealed by
5 the Commonwealth Attorneys Act and making related changes,
6 further providing for the assessment of regulatory expenses
7 upon public utilities, further providing for the disposition,
8 appropriation and disbursement of assessments and fees and
9 providing for the use of certain Federal funds.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Sections 306 and 308(b) of Title 66, act of
13 November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
14 Consolidated Statutes, repealed in part October 15, 1980
15 (No.164), are reenacted and amended to read:
16 § 306. Counsel.
17 The office of chief counsel to the Pennsylvania Public
18 Utility Commission is hereby created. The chief counsel shall be
19 appointed by the commission and hold office at its pleasure. The
20 commission may also from time to time appoint such assistant
21 counsel to the commission as may be required for the proper
22 conduct of its work. Assistant counsel may be removed by the
23 commission only for good cause. The compensation of the counsel
24 shall be fixed by the commission. In accordance with the
25 multifunction legal staff established in this part, such counsel
26 shall attend the hearings before the commission or a
27 commissioner, or a special agent or administrative law judge,
28 and conduct the examination of witnesses and shall represent the
29 commission upon appeals and other hearings in the courts of
30 common pleas and in the Commonwealth and Supreme Courts, or
31 other courts of this Commonwealth, or in any Federal court or
32 agency and in actions instituted to recover penalties and to
1 enforce regulations and orders of the commission. Such counsel
2 shall [also assist the Attorney General in conducting] conduct
3 all mandamus, injunction and quo warranto proceedings at law or
4 in equity, instituted [by him] for the enforcement of the
5 regulations and orders of the commission, and shall perform such
6 other professional duties as may be required [of them] by the
7 commission.
8 § 308. Bureaus.
9 * * *
10 (b) Law Bureau.--The Law Bureau shall be a multifunction
11 legal staff, consisting of a prosecutory function and an
12 advisory function. Prosecutory counsel shall be responsible for
13 and shall assist in the development of, challenge of, and
14 representation on the record of all matters in the public's
15 interest. Advisory counsel shall advise the commission on any
16 and all matters. The counsel shall appear on behalf of the
17 commission in all courts of record and before district
18 magistrates. No counsel shall in the same case or a factually
19 related case perform duties in the prosecutory and advisory
20 functions, if such performance would represent a conflict of
21 interest.
22 * * *
23 Section 2. Section 503 of Title 66 is to read:
24 § 503. Enforcement proceedings by [Attorney General] Chief
25 Counsel.
26 The [Attorney General] Chief Counsel, in addition to the
27 exercise of the powers and duties now conferred upon him by law,
28 shall also, upon request of the commission[, or upon his own
29 motion,] proceed in the name of the Commonwealth, by mandamus,
30 injunction, or quo warranto, or other appropriate remedy at law
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1 or, in equity, to restrain violations of the provisions of this
2 part, or of the regulations or orders of the commission, or the
3 judgments, orders, or decrees of any court, or to enforce
4 obedience thereto.
5 Section 3. Sections 510(a) and 511(b) of Title 66 are
6 amended to read:
7 § 510. Assessment for regulatory expenses upon public
8 utilities.
9 (a) Determination of assessment.--Before [March 1] November
10 1 of each year, the commission shall estimate its total
11 expenditures in the administration of this part for the fiscal
12 year beginning July of [that] the following year, which estimate
13 shall not exceed three-tenths of 1% of the total gross
14 intrastate operating revenues of the public utilities under its
15 jurisdiction for the preceding calendar year. Such estimate
16 shall be submitted to the Governor[, and to the appropriation
17 committees of the House and Senate through their respective
18 chairmen, for their respective approvals of such estimate in the
19 amount submitted or such lesser amount as each of them may
20 determine. Unless the Governor, or either committee through its
21 chairman, shall notify the commission in writing of his or its
22 action within 30 days after such submission, the estimate as
23 submitted shall be deemed approved by him or by the committee.
24 The least of the amounts so approved by the three approving
25 authorities shall be the final estimate; and approval of such
26 least amount shall constitute compliance with section 604] in
27 accordance with section 610 of the act of April 9, 1929
28 (P.L.177, No.175), known as "The Administrative Code of 1929."
29 The commission or its designated representatives shall be
30 afforded an opportunity to appear before the Governor and the
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1 Senate and House Appropriations Committees regarding their
2 estimates. The commission shall subtract from the final
3 estimate:
4 (1) [the] The estimated fees to be collected pursuant to
5 section 317 (relating to fees for services rendered by
6 commission)[; and] during such fiscal year.
7 (2) [the] The estimated balance of the appropriation,
8 specified in section 511 (relating to disposition,
9 appropriation and disbursement of assessments and fees), to
10 be carried over into such fiscal year from the preceding one.
11 The remainder so determined, herein called the total assessment,
12 shall be allocated to, and paid by, such public utilities in the
13 manner prescribed [in this part]. If the General Assembly fails
14 to approve the commission's budget for the purposes of this
15 part, by March 15, the commission shall assess public utilities
16 on the basis of the last approved operating budget. At such time
17 as the General Assembly approves the proposed budget the
18 commission shall have the authority to make an adjustment in the
19 assessments to reflect the approved budget.
20 * * *
21 § 511. Disposition, appropriation and disbursement of
22 assessments and fees.
23 * * *
24 (b) Use and appropriation of funds.--All such assessments
25 and fees, having been advanced by public utilities for the
26 purpose of defraying the cost of administering this part, shall
27 be held in trust solely for that purpose, and shall be earmarked
28 for the use of, and [are hereby] annually appropriated to, the
29 commission for disbursement solely for that purpose.
30 * * *
19790H1787B4059 - 4 -
1 Section 4. Title 66 is amended by adding a section to read:
2 § 511.1. Use of Federal funds under energy program.
3 (a) General rule.--The commission is authorized to apply for
4 and, subject to appropriation by the General Assembly, use
5 Federal funds pursuant to the National Energy Act which is
6 composed of:
7 (1) The "National Energy Conservation Policy Act,"
8 Public Law 95-619.
9 (2) The "Powerplant and Industrial Fuel Use Act of
10 1978," Public Law 95-620.
11 (3) The "Public Utility Regulatory Policies Act of
12 1978," Public Law 95-617.
13 (4) The "Natural Gas Policy Act of 1978," Public Law 95-
14 621.
15 (5) The "Energy Tax Act of 1978," Public Law 95-618.
16 (6) The "Energy Conservation and Production Act of
17 1976," Public Law 94-385.
18 (7) Any future Federal legislation or amendments to the
19 statutes listed in this subsection providing special funds
20 for:
21 (i) Ratemaking research and development.
22 (ii) Energy conservation research and development.
23 (iii) Motor carrier and rail transportation safety
24 programs.
25 (iv) Gas safety programs.
26 (b) Funds not subject to lapse.--Funds received by the
27 commission pursuant to subsection (a) shall not be subject to
28 lapsing at the end of any fiscal period.
29 (c) Reimbursement to utilities prohibited.--Funds received
30 by the commission pursuant to subsection (a) shall not be
19790H1787B4059 - 5 -
1 reimbursed to any public utility.
2 Section 5. This act shall take effect immediately, except
3 that the amendments to 66 Pa.C.S. §§ 306, 308 and 503 shall take
4 effect January 20, 1981.
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