PENNSYLVANIA PUBLIC UTILITY COMMISSION Interim Procedural Order [38 Pa.B. 6579]
[Saturday, November 29, 2008]Public Meeting held
November 6, 2008Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner
Implementation of Act 129 of 2008;
Organization of Bureaus and Offices;
Doc. No. M-2008-2071852Interim Procedural Order By the Commission:
On October 15, 2008, Governor Rendell signed into law Act 129 of 2008 (Act 129 or Act). The legislation requires electric distribution companies to adopt and implement cost-effective energy efficiency and conservation plans to reduce energy demand and consumption within the service territory of electric distribution companies in the Commonwealth. The Act also makes changes to the statutory structure of the Commission by eliminating the statutory requirement that the Commission maintain certain Commission bureaus.
The Act, effective November 14, 2008, repeals section 306 of the Public Utility Code, 66 Pa.C.S. § 306, which created the Commission's Office of Trial Staff (OTS). It also repeals sections 308(c) and (e), which recognized the Bureau of Conservation, Economics and Energy Planning (CEEP) and the Office of Special Assistants (OSA) in the statute. 66 Pa.C.S. § 308(c) and (e). However, Act 129 also adds language which gives the Commission greater flexibility in the ability to establish bureaus and assign staff through new section 308.2. 66 Pa.C.S. § 308.2.
The General Assembly, in amending the Public Utility Code, has provided the Commission with greater operational flexibility to respond to the rapidly changing utility environment of the twenty-first century. In particular, this enhanced operational flexibility will give the Commission the ability to realign Commission bureau and offices to meet the needs of a changing utility regulatory environment, to properly align resources and duties, to provide for greater accountability, and to recruit the best staff to meet its current responsibilities.
The Commission is currently undertaking an internal review of Commission operations to determine the best ways to use the enhanced operational flexibility given to us by the General Assembly. However, until this review is completed and to ensure continuity of the Commission staff's functional operations, the Commission intends to maintain the status quo with regard to the duties, responsibilities and functions of the OTS, OSA and CEEP. Utilities, common carriers, parties to Commission proceedings or others who may have a duty through statute, regulation or Commission order to file complaints, petitions, tariffs, reports and other documents and information with these bureaus will continue to do so1 and will otherwise cooperate with these bureaus until the Commission determines the manner in which its resources should be organized to more effectively respond to the changing utility regulatory environment.
Accordingly, until such time as the Commission completes its internal review and takes formal action to alter the composition of its bureaus and offices, and to avoid any gap in necessary staff functions, the status quo will be maintained as to the duties, responsibilities and functions of these bureaus and offices; Therefore,
It Is Ordered That:
1. The Office of Trial Staff, the Office of Special Assistants, and the Bureau of Conservation, Economics and Energy Planning shall continue as bureaus and offices of the Commission and shall perform their duties, responsibilities and functions under the Public Utility Code as previously established by the Commission and the Code prior to enactment of Act 129 of 2008 until the Commission completes its internal review and takes formal action to alter the composition of its bureaus and offices.
2. All utilities, common carriers and other persons having business with the Commission shall cooperate with these bureaus as previously established by the Commission and the Code prior to enactment of Act 129 of 2008.
3. All utilities, common carriers and other persons having business with the Commission shall continue to serve complaints, petitions, tariffs, reports and other documents and information with these bureaus as required by our regulations and orders.
4. The Office of Trial Staff and Law Bureau shall continue to have standing to initiate and participate in Commission proceedings as previously established by the Commission and the Code prior to the enactment Act 129 of 2008.
5. This order shall be effective on November 14, 2008.
6. A copy of this Interim Procedural Order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 08-2179. Filed for public inspection November 28, 2008, 9:00 a.m.] _______
1 Some examples include, but are not limited to, the requirements that general petitions be served upon OTS (52 Pa. Code § 5.41), as well as petitions for declaratory orders (52 Pa. Code § 5.42), and petitions for issuance, amendment, repeal, or waiver of Commission regulations (52 Pa. Code § 5.43).
