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PA Bulletin, Doc. No. 01-221

PROPOSED RULEMAKING

[52 PA. CODE CH. 63]

Rulemaking Re Generic Competitive Safeguards; Doc. No. L-00990141

[31 Pa.B. 809]

   By Order entered November 30, 1999, this Commission initiated a proposed rulemaking proceeding to establish competitive safeguards in furtherance of the provisions of Chapter 30 of the Public Utility Code, 66 Pa.C.S. §§  3001-3009. The proposed rulemaking order required that comments be filed within 30 days of publication in the Pennsylvania Bulletin, which occurred on January 29, 2000. Comments were, therefore, originally due February 28, 2000.

   On two separate occasions, this Commission granted extensions for the filing of comments in the above-captioned matter after receiving requests for a stay because of the uncertainty surrounding the pending Global appeals and the relevance their resolution may bear on this rulemaking proceeding. Specifically, the November 30, 1999 Order proposed a Code of Conduct that is modeled closely after the Code of Conduct adopted for Verizon Pennsylvania Inc. (formerly Bell Atlantic-Pennsylvania, Inc.) in the Global Order entered September 30, 1999, at Docket Nos. P-00991648 and P-00991649. The second extension granted by this Commission by secretarial letter dated April 26, 2000, stayed, until further notice, the comment period in the above-referenced matter.

   On October 25, 2000, the Commonwealth Court unanimously upheld the Commission's Global Order, including the aforementioned Code of Conduct. On November 22, 2000, Verizon filed a petition for allowance of appeal with the Pennsylvania Supreme Court without further challenging the Commonwealth Court's decision relating to the Code of Conduct. Given this changed circumstance removing the prior uncertainty, we believe it is now appropriate to re-establish a comment period for the proposed rulemaking. We, therefore, direct that comments be filed on or before Friday, February 23, 2001, and that a copy of this letter be published in the Pennsylvania Bulletin.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-221. Filed for public inspection February 9, 2001, 9:00 a.m.]


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