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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

52 Pa. Code § 53.56. Supporting data for future test year.

§ 53.56. Supporting data for future test year.

 (a)  In discharging its burden of proof under section 315 of the act (relating to burden of proof), a public utility may submit and use data for a future test year. The submission shall be in addition to, and not in lieu of, other data or material required under this title, including the submission requirements for an experienced 12-month test period. If a future test year is used, it shall be based on esti- mates for a period of 12 consecutive months, which begins on the day following the end of the required experienced 12-month period. The estimate for a future test year shall be of the same or similar type, quantum and nature as required to be submitted for an experienced test year and include the methodology, data and material used as the basis for the estimates.

 (b)  If a public utility submits and uses data for a future test year, it shall, during the course of the proceeding, submit for the record the results of its actual experience in the future test year for each quarter starting with the day following the end of the required experienced 12-month period. The results shall be submitted within 30 days of the end of the quarter or as soon thereafter as available.


   The provisions of this §  53.56 issued under the Public Utility Code, 66 Pa.C.S. § §  309—311, 315, 331—335, 501, 701—703 and 1101—1103.


   The provisions of this §  53.56 adopted December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451.

Notes of Decisions

   Recovery of Costs

   The utility was not permitted to recover site clean-up costs which were incurred before the future test year as that would constitute retroactive ratemaking. Columbia Gas of Pennsylvania, Inc. v. Pennsylvania Public Utility Commission, 613 A.2d 74 (Pa. Cmwlth. 1992); order affirmed 636 A.2d 627 (Pa. 1994).

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