PRINTER'S NO. 3356
No. 2568 Session of 1992
INTRODUCED BY LaGROTTA, TIGUE, COY, CARONE, JOHNSON, PESCI,
FARGO, VEON, FLEAGLE, JOSEPHS, FAIRCHILD, SALOOM, STEIGHNER,
SCRIMENTI, BELARDI, KRUSZEWSKI, HALUSKA, BROUJOS, TOMLINSON
AND RICHARDSON, MARCH 30, 1992
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 30, 1992
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for the filing of petitions
3 or applications to enter into power sales agreements and for
4 public notification and public hearings; and further
5 providing for consideration of a public utility's petition or
6 application by the Pennsylvania Public Utility Commission.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 66 of the Pennsylvania Consolidated
10 Statutes is amended by adding a section to read:
11 § 529. Filing of petition or applications to enter into power
12 sales agreement.
13 (a) General rule.--Upon the filing of a petition or
14 application by a public utility for approval to make or enter
15 into a power sales agreement with another public utility or an
16 affiliated interest for the purpose of transmitting and selling
17 electric energy for ultimate distribution to the public, it
18 shall be the duty of the commission to ensure public
19 notification of the filing of the petition or application,
1 provided that the method of transmission of electric energy is a
2 fundamental part of the power sales agreement and such method of
3 transmission requires the location and construction of a
4 transmission line, or any portion thereof, or the reactivation
5 of an existing energy facility which may not be located,
6 constructed or reactivated without first obtaining the approval
7 of the commission.
8 (b) Public notification of petition or application.--Public
9 notification shall be made within 15 days of the filing of the
10 petition or application with the commission and shall be
11 published in newspapers of general circulation within counties
12 affected by the proposed transaction. A newspaper of general
13 circulation shall be the newspaper within a county affected by
14 the proposed transaction which newspaper has the largest daily
15 circulation in that county and has its principal office in that
16 county. If the newspaper with the largest daily circulation has
17 its principal office outside the county, then the notices shall
18 be published in both the newspaper having the greatest
19 circulation in that county and in a newspaper authorized to
20 publish legal notices in that county. The commission shall
21 arrange for publication of notice of the petition or application
22 and notice of the deadline for the filing of objections and
23 requests for leave to intervene in the proceedings. The notice
24 shall be published at least 60 days before the date set for
25 consideration of the petition or application by the commission.
26 The costs of publication of such notice shall be paid by the
27 public utility.
28 (c) Public hearings.--Whenever public notification is made
29 in accordance with subsection (b) and the commission receives
30 objections to a public utility's filing of a petition or
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1 application to make or enter into a power sales agreement, the
2 commission shall set the time and place for public hearing or
3 hearings of the petition or application and will thereupon
4 require the public utility to cause the weekly publication for
5 two consecutive weeks of a notice of public hearing in a
6 newspaper of general circulation within each county or
7 municipality affected by the proposed transaction. Public
8 hearings held in accordance with this section shall be for the
9 purpose of receiving public comment or testimony and evidence
10 from parties who filed objections and a request for leave to
11 intervene in proceedings before the commission.
12 (d) Consideration of petition or application.--Whenever the
13 method of transmission is fundamental to the power sales
14 agreement, the commission may, after notice, convene separate
15 proceedings to consider evidence and hear testimony on a public
16 utility's petition or application. When the commission does not
17 preside at the reception of evidence or testimony at such
18 proceedings, the record of the proceedings shall be certified to
19 the commission for final decision. The commission shall review
20 all aspects of a public utility's petition or application,
21 including all records of proceedings related thereto and the
22 proposed method of transmission of electric energy, and approve
23 or deny the petition or application only in its totality.
24 (e) Proceedings on eminent domain.--In any proceeding which
25 entails or is dependent in whole or in part on siting of
26 facilities or the potential use of eminent domain, the
27 proceeding shall include and encompass all persons affected by
28 the siting or use of eminent domain who, after notice, elect to
29 participate; unless the commission shall determine after notice
30 and an opportunity to be heard that the proceeding should be
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1 bifurcated and that the bifurcation will not cause any
2 evidentiary findings or record to be created in any segment,
3 which can be used or considered in another proceeding without
4 full opportunity to be heard.
5 (f) Application of section.--The provisions of this section
6 shall apply immediately to all cases pending or coming before
7 the commission or on appeal and shall apply to cases in which
8 siting proceedings are pending related to previously approved
9 project segments so as to require reopening of the segments and
10 consolidation as if the segments had not been heard.
11 (g) Severability.--The provisions of this section shall be
12 severable. If any provision of this section or the application
13 thereof to any public utility is held invalid, the remainder of
14 this section and the application of any provision thereof to any
15 other public utilities shall not be affected thereby.
16 Section 2. This act shall take effect in 60 days.
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