PRINTER'S NO. 3868
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2555
Session of
2020
INTRODUCED BY METZGAR, BIZZARRO, BURNS, T. DAVIS, DeLUCA, FLYNN,
KAUFFMAN, KLUNK, MOUL, NELSON, ORTITAY, PICKETT, PYLE,
ROEBUCK, SANKEY AND WHEELAND, MAY 28, 2020
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 28, 2020
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in natural gas competition, further
providing for duties of natural gas distribution companies
and for consumer protections and customer service; and, in
restructuring of electric utility industry, further providing
for definitions, for standards for restructuring of electric
industry and for duties of electric distribution companies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2205(c)(1), (2) and (4) and 2206(a) of
Title 66 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 2205. Duties of natural gas distribution companies.
* * *
(c) Customer billing.--
(1) [Subject to the right of a retail gas customer to
choose to receive separate bills from its natural gas
supplier for natural gas supply service, the natural gas
distribution company shall be responsible for billing each of
its retail gas customers for natural gas distribution
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service, consistent with the orders or regulations of the
commission, regardless of the identity of the provider of
natural gas supply services.] A retail natural gas customer
shall have the right to choose to receive separate bills from
its natural gas distribution company for natural gas
distribution service and natural gas supplier for natural gas
supply service, or a consolidated bill that includes both
natural gas distribution charges and natural gas supply
charge from either the natural gas distribution company or
natural gas supplier. If the natural gas supplier is not
willing, able or qualified to provide billing services, the
natural gas distribution company shall be responsible for
billing retail gas customers for natural gas distribution
service and supply. The commission shall adopt regulations to
establish the financial and technical requirements for
natural gas suppliers to provide consolidated billing
services. Any billing service shall be consistent with the
orders or regulations of the commission, which shall be
issued or promulgated within 180 days of the effective date
of this paragraph, and existing applicable regulations,
including, but not limited to, the regulations at 52 Pa. Code
Chapter 56 (relating to standards and billing practices for
residential utility service), regardless of the identity of
the provider of natural gas billing services. Suppliers that
apply to render consolidated bills to end-use customers shall
post a bond in the amount of $250,000 and shall not have had
a natural gas supplier license revoked by any other state in
the three years preceding the application. A customer's right
to receive a consolidated bill from either the customer's
natural gas distribution company or natural gas supplier
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shall be available within one year of the effective date of
the final-form regulations.
(2) (i) Bills to retail gas customers shall contain
sufficient unbundled charge information to enable the
customer to determine the basis for those charges and
shall comply with section 1509 (relating to billing
procedures). At a minimum, such charges shall include
those services which are unbundled as a result of a
restructuring filing or rulemaking.
(ii) Bills to retail residential customers rendered
[by a natural gas distribution company] for natural gas
distribution services shall include information required
by commission regulations governing standards and billing
practices for residential utility service.
(iii) Bills rendered [by a natural gas distribution
company] on behalf of a natural gas supplier shall
include[, in a form and manner determined by the natural
gas distribution company in consultation with the natural
gas supplier,] the following information with respect to
natural gas supplier services: the name of the natural
gas supplier; the rates, charges or prices of natural gas
supply services billed, including adjustments to prior
period billings, if applicable, and taxes, if applicable;
and the natural gas supplier's toll-free telephone number
and hours of operation for customer inquiries.
(iv) Natural gas suppliers providing consolidated
billing shall purchase the natural gas distribution
company's receivables for regulated charges consistent
with the regulations of the commission.
* * *
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(4) If services are provided by an entity other than the
natural gas distribution company, the entity that provided
those services shall furnish to the natural gas distribution
company billing data sufficient to enable the natural gas
distribution company to timely bill retail gas customers. If
billing services are provided by an entity other than the
natural gas distribution company, the natural gas
distribution company shall furnish to the entity providing
the billing service, billing data sufficient to enable the
billing service provider to timely bill retail gas customers.
The non-billing entity shall provide data for billing
purposes in a format and in a time frame as required by the
[natural gas distribution company] commission. The [natural
gas distribution company] billing service provider shall
consider the data and information confidential and shall
treat it as such.
* * *
§ 2206. Consumer protections and customer service.
(a) Quality.--A natural gas distribution company shall [be
responsible for] provide customer service functions consistent
with the orders and regulations of the commission, including,
but not limited to, meter reading, installation, testing and
maintenance and emergency response for all customers, and
complaint resolution and collections related to the service
provided by the natural gas distribution company. Natural gas
suppliers providing consolidated billing services shall be
responsible for performing complaint resolution and collections
functions, which shall include the ability to initiate the
termination process for any reason enumerated under Chapter 14
(relating to responsible utility customer protection). Customer
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service and consumer protections and policies for retail gas
customers shall, at a minimum, be maintained at the same level
of quality under retail competition as in existence on the
effective date of this chapter.
* * *
Section 2. Section 2803 of Title 66 is amended by adding a
definition to read:
§ 2803. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Supplier consolidated billing." The billing of retail
customers by an electricity supplier for all electric services,
including the charges of the electric distribution company for
distribution services and all charges of the electricity
supplier.
* * *
Section 3. 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:
* * *
(17) The commission shall issue regulations that permit
electricity suppliers that meet the financial and technical
requirements established by the commission to render
consolidated bills to end-use customers that contain the
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charges for distribution services provided by an electric
distribution company and the charges of the electricity
supplier for commodity services and any other services
provided by the electricity supplier. Suppliers that apply to
render consolidated bills to end-use customers shall post a
bond in the amount of $250,000 and shall not have had an
electric supplier license revoked by any other state in the
three years preceding the application. The commission shall
adopt temporary regulations establishing financial and
technical requirements and the framework for supplier
consolidated billing within 90 days of the effective date of
this paragraph. The temporary regulations shall not be
subject to sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law; Sections 204(b) and 301(10) of
the act of October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act; or the act of June 25, 1982
(P.L.633, No.181), known as the Regulatory Review Act. The
temporary regulations shall expire upon the promulgation of
final-form regulations or two years following the effective
date of this section, whichever is later. Supplier
consolidated billing shall be available within one year of
the effective date of the final-form regulations. The
commission shall adopt orders, rules, regulations and
policies as shall be necessary and appropriate to implement
fully this chapter within the time frames specified in this
chapter.
Section 4. Section 2807(c) and (d) introductory paragraph of
Title 66 are amended to read:
§ 2807. Duties of electric distribution companies.
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* * *
(c) Customer billing.--Subject to the right of an end-use
customer to choose to receive separate or consolidated bills
from its electric generation supplier, the electric distribution
company may be responsible for billing customers for all
electric services, consistent with the regulations of the
commission, regardless of the identity of the provider of those
services.
(1) Customer bills shall contain unbundled charges
sufficient to enable the customer to determine the basis for
those charges.
(2) If services are provided by an entity other than the
electric distribution company, the entity that provides those
services shall furnish to the electric distribution company
billing data sufficient to enable the electric distribution
company to bill customers.
(3) The electric distribution company shall not be
required to forward payment to entities providing services to
customers, and on whose behalf the electric distribution
company is billing those customers, before the electric
distribution company has received payment for those services
from customers.
(4) Electric generation suppliers providing consolidated
billing shall purchase the electric distribution company's
receivables for regulated charges consistent with the
regulations of the commission.
(d) Consumer protections and customer service.--The electric
distribution company shall continue to provide customer service
functions consistent with the regulations of the commission,
including meter reading, complaint resolution and
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collections[.], except that electricity suppliers providing
consolidated billing services shall be responsible for
performing complaint resolution and collections functions, which
shall include the ability to initiate the termination process
for any reason enumerated under Chapter 14 (relating to
responsible utility customer protection). Customer services
shall, at a minimum, be maintained at the same level of quality
under retail competition.
* * *
Section 5. This act shall take effect in 60 days.
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