INDEPENDENT REGULATORY REVIEW COMMISSION Notice of Comments Issued [31 Pa.B. 2521] Section 5(d) and (g) of the Regulatory Review Act (71 P. S. § 745.5(d) and (g)) provide that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (Commission) may issue comments within 10 days of the close of the committees' comment period. The Commission's Comments are based upon the criteria contained in section 5.1(h) and (i) of the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)).
The Commission issued Comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted by the date indicated.
Final-Form Submission
Reg. No. Agency/Title Issued Deadline 57-218 Pennsylvania Public
Utility Commission04/26/01 03/27/03
Natural Gas Emergency Plans and Emergency Actions Pennsylvania Public Utility Commission
Regulation No. 57-218Natural Gas Emergency Plans and
Emergency ActionsApril 26, 2001 We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Pennsylvania Public Utility Commission (PUC) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by March 27, 2003, the regulation will be deemed withdrawn.
1. General.--Nonregulatory language.
Sections 59.72(b) and (d) and 59.73(h) and (h)(2) contain language which implies that the provisions in these subsections are optional. For example, § 59.72(b) states, in part, ''. . . NGDCs are encouraged to make contractual or informal arrangements. . . .'' (Emphasis added.) Section 59.72(d) states, in part, ''Each natural gas emergency plan should specify . . .'' and ''. . . usage reductions should be designed . . . .'' (Emphasis added.) Section 59.73(h) and (h)(2) uses the term ''should'' to describe natural gas distribution company (NGDC) actions related to priority-based curtailments.
Regulations establish binding norms and have the full force and effect of law. If these subsections are intended to impose mandatory requirements on NGDCs, the word ''shall'' must be used in place of the phrases ''are encouraged to'' and ''should.'' If the provisions in §§ 59.72(b) and (d) and 59.73(h) and (h)(2) are not mandatory, then these subsections should be deleted.
2. Section 59.72. Natural gas emergency planning.--Reasonableness; Clarity.
Subsection (a)
This subsection states that an NGDC is required to file a natural gas emergency plan with the PUC ''within 90 days from the effective date of these regulations, or such later date as may be determined by the Commission. . . .'' If the PUC decides to use a later date, how will the PUC communicate this date to NGDCs? This should be specified in the final-form regulation.
Subsection (d)
This subsection provides that each natural gas emergency plan ''should specify the procedures the NGDC shall use to provide notices to affected customers.'' This section should include language that requires notice to be issued by the NGDC within a specific time period.
3. Section 59.73. Emergency action.--Reasonableness; Clarity.
Subsection (a)
It appears that the cross-reference in this subsection contains a typographical error. The last sentence references the definition of ''Priority 1 customers'' in subsection (j). The definition is contained in subsection (i).
Use of the term ''will''
Subsections (b), (b)(3), (h)(1) and (h)(3) use the term ''will'' to describe actions that the NGDC must take. Based on the Pennsylvania Code & Bulletin Style Manual, the term ''will'' is used to describe actions that an agency will undertake. The term ''shall'' is used whenever anyone else has a duty to act. Therefore, the term ''will'' in these subsections should be replaced with ''shall.''
4. Section 59.74. Utility liability.--Clarity.
Subsection (b)(1) uses the term ''will'' to describe a required NGDC action. For the reasons discussed in Issue # 3, the term ''will'' should be replaced with ''shall.''
Subsection (b)(2) uses the phrase ''will have the right to'' in describing the NGDC's discretionary authority to discontinue service. Based on the Pennsylvania Code & Bulletin Style Manual, the term ''may'' is used to express a right, power or privilege. Therefore, the phrase ''will have the right to'' should be replaced with ''may.''
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 01-838. Filed for public inspection May 11, 2001, 9:00 a.m.]
