Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

52 Pa. Code § 54.38. Regulatory assessments.

§ 54.38. Regulatory assessments.

 (a)  A licensee shall be required to pay assessments to be used to defray regulatory costs. See section 510 of the code (relating to assessment for regulatory expenses upon public utilities). Assessments will be based upon the administrative costs incurred by the Commission related to generation suppliers. These costs include:

   (1)  Maintaining records related to licensees and administering other provisions of the code related to maintenance of adequate reserve margins.

   (2)  Compliance with Chapter 56 (relating to standards and billing practices for residential utility service).

   (3)  Fulfilling consumer information and education obligations.

 (b)  Yearly assessments shall be paid by the licensee within 30 days of receipt of notice of the amount lawfully charged against it as a condition of maintaining a license to supply electricity or electric generation. See section 510(c) of the code.

Notes of Decisions

   Conflict with Statute

   To the extent that the provisions of §  54.38 can be construed as contrary to the statute under which it was promulgated, then the regulation is invalid so far as it prohibits the grouping of electric generation supplier companies for purposes of assessment. PPL Energyplus, LLC v. Commonwealth, 800 A.2d 360 (Pa. Cmwlth. 2002).

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