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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

52 Pa. Code § 121.4. Filing and Commission review procedures.

§ 121.4. Filing and Commission review procedures.

 (a)  A utility seeking to implement a DSIC mechanism or to continue a previously-approved DSIC mechanism shall file an LTIIP for Commission approval. The LTIIP shall be filed with the Commission’s Secretary’s Bureau with copies served upon the Bureau of Investigation and Enforcement, the Office of Consumer Advocate, the Office of Small Business Advocate and the parties of record in the utility’s most recent base rate case. Service is evidenced by a certificate of service filed with the LTIIP.

 (b)  An LTIIP is a public document. If a utility believes that a portion of the information in the LTIIP qualifies as confidential security information under section 2 of the Public Utility Confidential Security Information Disclosure Protection Act (35 P. S. §  2141.2) or should be afforded proprietary and confidential treatment, the utility shall request proprietary treatment of the information pursuant to a protective order. See § §  5.365 and 102.1—102.4 (relating to orders to limit availability of proprietary information; and confidential security information). Confidential security information in the LTIIP shall be marked confidential by the utility and excluded from the public version of the filing.

 (c)  LTIIP filings are subject to a 30-day comment period. The LTIIP will be reviewed by Commission staff. The LTIIP will be referred to the Office of Administrative Law Judge for hearings and a decision if comments raise material factual issues.

 (d)  A utility has the burden of proof to demonstrate that its proposed LTIIP and associated expenditures are reasonable, cost effective and are designed to ensure and maintain efficient, safe, adequate, reliable and reasonable service to consumers.

 (e)  The Commission will review the filed LTIIP and determine if the LTIIP:

   (1)  Contains measures to ensure that the projected annual expenditures are cost-effective.

   (2)  Specifies the manner in which it accelerates or maintains an accelerated rate of infrastructure repair, improvement or replacement.

   (3)  Is sufficient to ensure and maintain adequate, efficient, safe, reliable and reasonable service.

   (4)  Meets the requirements of §  121.3(a) (relating to LTIIP).

 (f)  If the utility’s LTIIP, which has been filed for the purpose of implementing a DSIC mechanism or to continue a previously-approved DSIC mechanism, does not meet the criteria in this section or in §  121.3(a), the Commission will order the utility to file a new or revised LTIIP.

 (g)  If the Commission determines that the utility must file a new or revised LTIIP under subsection (f), the utility may elect to withdraw its filed LTIIP under §  1.82 or §  5.94 (relating to withdrawal or termination; and withdrawal of pleadings in a contested proceeding). If the utility elects to withdraw its LTIIP filing, the utility is not eligible to implement its proposed DSIC mechanism or to continue its previously-approved DSIC mechanism.

Cross References

   This section cited in 52 Pa. Code §  121.5 (relating to modifications to and expiration of an LTIIP).

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