Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 1354 (February 26, 2022).

52 Pa. Code § 53.52. Applicability; public utilities other than canal, turnpike, tunnel, bridge and wharf companies.

§ 53.52. Applicability; public utilities other than canal, turnpike, tunnel, bridge and wharf companies.

 (a)  Whenever a public utility, other than a canal, turnpike, tunnel, bridge or wharf company files a tariff, revision or supplement effecting changes in the terms and conditions of service rendered or to be rendered, it shall submit to the Commission, with the tariff, revision or supplement, statements showing all of the following:

   (1)  The specific reasons for each change.

   (2)  The total number of customers served by the utility.

   (3)  A calculation of the number of customers, by tariff subdivision, whose bills will be affected by the change.

   (4)  The effect of the change on the utility’s customers.

   (5)  The direct or indirect effect of the proposed change on the utility’s revenue and expenses.

   (6)  The effect of the change on the service rendered by the utility.

   (7)  A list of factors considered by the utility in its determination to make the change. The list shall include a comprehensive statement about why these factors were chosen and the relative importance of each. This subsection does not apply to a portion of a tariff change seeking a general rate increase as defined in 66 Pa.C.S. §  1308 (relating to voluntary changes in rates).

   (8)  Studies undertaken by the utility in order to draft its proposed change. This paragraph does not apply to a portion of a tariff change seeking a general rate increase as defined in 66 Pa.C.S. §  1308.

   (9)  Customer polls taken and other documents which indicate customer acceptance and desire for the proposed change. If the poll or other documents reveal discernible public opposition, an explanation of why the change is in the public interest shall be provided.

   (10)  Plans the utility has for introducing or implementing the changes with respect to its ratepayers.

   (11)  FCC, FERC or Commission orders or rulings applicable to the filing.

 (b)  Whenever a public utility other than a canal, turnpike, tunnel, bridge or wharf company files a tariff, revision or supplement which will increase or decrease the bills to its customers, it shall submit in addition to the requirements of subsection (a), to the Commission, with the tariff, revision or supplement, statements showing the following:

   (1)  The specific reasons for each increase or decrease.

   (2)  The operating income statement of the utility for a 12-month period, the end of which may not be more than 120 days prior to the filing. Water and wastewater utilities with annual revenues under $100,000 and municipal corporations subject to Commission jurisdiction may provide operating income statements for a 12-month period, the end of which may not be more than 180 days prior to the filing.

   (3)  A calculation of the number of customers, by tariff subdivision, whose bills will be increased.

   (4)  A calculation of the total increases, in dollars, by tariff subdivision, projected to an annual basis.

   (5)  A calculation of the number of customers, by tariff subdivision, whose bills will be decreased.

   (6)  A calculation of the total decreases, in dollars, by tariff subdivision, projected to an annual basis.

 (c)  If a public utility files a tariff, revision or supplement which it is calculated will increase the bills of a customer or a group of customers by an amount, when projected to an annual basis, exceeding 3% of the operating revenues of the utility—subsection (b)(4) divided by the operating revenues of the utility for a 12-month period as defined in subsection (b)(2)—or which it is calculated will increase the bills of 5% or more of the number of customers served by the utility—subsection (b)(3) divided by subsection (a)(2)—it shall submit to the Commission with the tariff, revision or supplement, in addition to the statements required by subsections (a) and (b), all of the following information:

   (1)  A statement showing the utility’s calculation of the rate of return or operating ratio (if the utility qualifies to use an operating ratio under §  53.54 (relating to small water and wastewater utililities)) earned in the 12-month period referred to in subsection (b)(2), and the anticipated rate of return or operating ratio to be earned when the tariff, revision or supplement becomes effective. The rate base used in this calculation shall be supported by summaries of original cost for the rate of return calculation. When an operating ratio is used in this calculation, it shall be supported by studies of margin above operation and maintenance expense plus depreciation as referred to in §  53.54(b)(2)(B).

   (2)  A detailed balance sheet of the utility as of the close of the period referred to in subsection (b)(2).

   (3)  A summary, by detailed plant accounts, of the book value of the property of the utility at the date of the balance sheet required by paragraph (2).

   (4)  A statement showing the amount of the depreciation reserve, at the date of the balance sheet required by paragraph (2), applicable to the property, summarized as required by paragraph (3).

   (5)  A statement of operating income, setting forth the operating revenues and expenses by detailed accounts for the 12-month period ending on the date of the balance sheet required by paragraph (2).

   (6)  A brief description of a major change in the operating or financial condition of the utility occurring between the date of the balance sheet required by paragraph (2) and the date of transmittal of the tariff, revision or supplement. As used in this paragraph, a major change is one which materially alters the operating or financial condition of the utility from that reflected in paragraphs (1)—(5).

 (d)  If a utility renders more than one type of public service, such as electric and gas, information required by § §  53.51—53.53 (relating to information furnished with the filing of rate changes), except subsection (c)(2), relates solely to the kind of service to which the tariff or tariff supplement is applicable. In subsection (c)(2), the book value of property used in furnishing each type of public service, as well as the depreciation reserve applicable to the property, shall be shown separately.

Authority

   The provisions of this §  53.52 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 1501 and 1504; amended under the Public Utility Code, 66 Pa.C.S. § §  1301—1304 and 1307—1309.

Source

   The provisions of this §  53.52 amended through March 21, 1986, effective March 22, 1986, 16 Pa.B. 956; amended January 17, 1997, effective January 18, 1997, 27 Pa.B. 301; amended February 13, 1998, effective February 14, 1998, 28 Pa.B. 801. Immediately preceding text appears at serial pages (224339) to (224342).

Cross References

   This section cited in 52 Pa. Code §  53.10 (relating to letter of transmittal); and 52 Pa. Code §  53.103 (relating to concurrently furnished information).



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