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PA Bulletin, Doc. No. 00-1098

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[30 Pa.B. 3239]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, June 8, 2000, and took the following action:

Regulations Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective June 1, 2000

   Insurance Department # 11-188: Premium and Retirement Deposit Funds (updates Chapter 86)

Regulations Approved:

   Pennsylvania Public Utility Commission # 57-195: Competitive Safeguards for the Electric Industry (adds 52 Pa. Code §§ 54.121 and 54.122)

   Pennsylvania Public Utility Commission # 57-211: Procedures to Ensure Customer Consent to a Change of Natural Gas Suppliers (adds 52 Pa. Code §§ 59.91--59.99)

   Pennsylvania Public Utility Commission # 57-207: Natural Gas Choice and Competition (amends 52 Pa. Code § 53.69)

   Pennsylvania Public Utility Commission # 57-189: Passenger Carrier Insurance (amends 52 Pa. Code § 32.11)

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
June 8, 2000

Pennsylvania Public Utility Commission--Competitive Safeguard for the Electric Industry; Regulation No. 57-195

   On April 28, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking adds 52 Pa. Code §§ 54.121 and 54.122. The authority for this regulation is 66 Pa.C.S. §§ 501 and 2801--2812. The proposed regulation was published in the May 9, 1998, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 8, 2000.

   This regulation establishes competitive safeguards to govern the interaction between electric distribution companies, electric generation suppliers and their customers.

   This regulation meets the criteria of the Regulatory Review Act.

Order:

   This regulation is approved.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
June 8, 2000

Pennsylvania Public Utility Commission--Procedures to Ensure Customer Consent to a Change of Natural Gas Suppliers; Regulation No. 57-211

   On December 21, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission. This rulemaking adds 52 Pa. Code §§ 59.91--59.99. The authority for this regulation is the Natural Gas Customer Choice and Competition Act (act) (66 Pa.C.S. §§ 501 and 2206(b)). The proposed regulation was published in the January 1, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 17, 2000.

   The act restructured the natural gas industry to allow customers to choose their natural gas supplier (NGS). This regulation establishes procedures to protect customers from a switch of NGS without the customer's consent.

   This regulation meets the criteria of the Regulatory Review Act.

Order:

   This regulation is approved.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
June 8, 2000

Pennsylvania Public Utility Commission--Natural Gas Choice and Competition; Regulation No. 57-207

   On September 20, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission. This rulemaking amends 52 Pa. Code § 53.69. The authority for this regulation is the Natural Gas Customer Choice and Competition Act (66 Pa.C.S. § 1307(f)(1)(II)). The proposed regulation was published in the October 2, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 17, 2000.

   This regulation requires a natural gas distribution company with annual revenues in excess of $40 million--that reconciles its gas costs more often than quarterly--to offer a fixed rate option to customers. The fixed rate option would be annually reconciled with actual gas costs.

   This regulation meets the criteria of the Regulatory Review Act.

Order:

   This regulation is approved.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
June 8, 2000

Pennsylvania Public Utility Commission--Passenger Carrier Insurance; Regulation No. 57-189

   On April 28, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code § 32.11. The authority for this regulation is 66 Pa.C.S. §§ 501, 504, 2412 and 2416. The proposed regulation was published in the May 9, 1998 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on May 18, 2000.

   This final rulemaking clarifies the minimum amount of third-party liability insurance required for passenger carriers transporting fewer than 16 passengers. The proposal formalizes a PUC Policy Statement by clarifying that the amount of minimum third-party coverage refers to split coverage. The clarification of coverage amounts should reduce the number of disputes filed with the PUC and the number of lawsuits filed with the courts.

   This regulation meets the criteria of the Regulatory Review Act.

Order:

   This regulation is approved.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-1098. Filed for public inspection June 23, 2000, 9:00 a.m.]



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