Pennsylvania Code & Bulletin

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 12-1624


Notice to Water and Wastewater Utilities, Electric Distribution Companies, Natural Gas Distribution Companies, City Natural Gas Distribution Operations and Interested Parties

[42 Pa.B. 5456]
[Saturday, August 18, 2012]

Implementation of Act 11 of 2012, M-2012-2293611 (August 2, 2012)

 On August 2, 2012, the Pennsylvania Public Utility Commission (Commission) entered a final implementation order relative to the act of February 14, 2012 (P. L. 72, No. 11) (Act 11). Act 11 amended 66 Pa.C.S. Chapters 3 and 13 (relating to Public Utiity Commission; and rates and distribution systems) to allow certain jurisdictional public utilities to base rate case claims on a fully-projected future test year, to allow wastewater utilities to allocate a portion of their revenue requirement to a combined wastewater and water utility customer base and to allow water and wastewater utilities, electric distribution companies (EDC), natural gas distribution companies (NGDC) and city natural gas distribution operations to petition for a distribution system improvement charge (DSIC). The order adopts procedures and guidelines, as well as a model tariff. Act 11 also increased the civil penalties in 66 Pa.C.S. Chapter 33 (relating to violations and penalties) for gas pipeline violations. This notice is merely a summary of some pertinent provisions of the order and does not contain all of the provisions of the order or Act 11.

 To qualify for DSIC recovery, a utility must file a long term infrastructure improvement plan (LTIIP) for Commission approval. The LTIIP must be served on the statutory advocates and active parties in the utility's most recent base rate proceeding. An electronic copy in Word®-compatible format must be provided to Erin Laudenslager, Finance Manager,, in the Commission's Bureau of Technical Utility Services (TUS). Interested entities will have 20 days to comment on a utility's LTIIP. NGDCs must continue to comply with 52 Pa. Code § 59.38 (relating to filing of major construction reports).

 If a utility believes that any portion of its LTIIP qualifies as confidential security information under the Public Utility Confidential Security Information Disclosure Protection Act (35 P. S. §§ 2141.1—2141.6) or merits proprietary and confidential treatment, then the utility must request a protective order in accordance with 52 Pa. Code § 5.423 (relating to orders to limit availability of proprietary information) and 52 Pa. Code Chapter 102 (relating to confidential security information).

 Additionally, the Commission will initiate two rulemakings. The rulemaking at L-2012-2317274 will promulgate regulations regarding periodic review of LTIIPs in accordance with 66 Pa.C.S. § 1352(b)(1) (relating to long-term infrastructure improvement plan). The Law Bureau contact for L-2012-2317274 (LTIIP) is David Screven, Assistant Counsel, Law Bureau, The rulemaking at L-2012-2317273 will promulgate regulations regarding the use of a future test year in accordance with 66 Pa.C.S. § 315 (relating to burden of proof). Further, the Law Bureau, in conjunction with TUS, will convene a stakeholder working group at M-2012-2317272 to consider cost of equity/return on equity issues related to DSIC. The Law Bureau contact for L-2012-2317273 (future test year) and M-2012-2317272 (working group) is Louise Fink Smith, Assistant Counsel, Law Bureau, The contact for technical information regarding DSIC matters is Erin Laudenslager, Finance Manager, TUS,

 A copy of the Act 11 final implementation order was served on all jurisdictional water and wastewater companies, EDCs, NGDCs and Philadelphia Gas Works and the statutory advocates. The order is posted on the Commission's web site at The order may be viewed (and copied, 75¢/page) at the Commission's Secretary's Bureau, Commonwealth Keystone Building, 400 North Street, 2nd Floor, Harrisburg, PA 17120. This notice is merely a summary of some pertinent provisions of the order and does not contain all of the provisions of the order or Act 11.


[Pa.B. Doc. No. 12-1624. Filed for public inspection August 17, 2012, 9:00 a.m.]

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.