INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [26 Pa.B. 2668] The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, May 16, 1996, and took the following actions:
Regulations Approved:
State Board of Veterinary Medicine # 16A-572--General Information (amends 49 Pa. Code Chapter 31)
Pennsylvania Public Utility Commission # 57-157--Electric Energy Emergency Notification Procedures (amends 52 Pa. Code § 57.52 by modifying subsection (b) and adding subsection (c))
Department of Agriculture #2-96--Enforcement of Marketing Programs; Sheep and Lamb Marketing Program (amends 7 Pa. Code §§ 104.21, 104.22, 104.24--104.26 and 104.28--104.30)
Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Arthur Coccodrilli; Irvin G. Zimmerman
Public meeting held
May 16, 1996Pennsylvania Public Utility Commission--Electric Energy Emergency Notification Procedures; Doc. No. 57-157
Order On May 22, 1995, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking would amend 52 Pa. Code 57.52 by modifying subsection (b) and adding subsection (c). The authority for this regulation is 66 Pa.C.S. §§ 501, 504, and 1501, 45 P. S. Sections 1201 et seq., and 1 Pa. Code §§ 7.1--7.4. The proposed regulation was published in the June 3, 1995 Pennsylvania Bulletin, with a 60-day public comment period. The final-form regulation was submitted to the Commission on April 30, 1996.
The PUC determined there was a need for this regulation in the aftermath of the January 1994 energy emergency during which the PUC served as a source of advice and counsel to other civil authorities. The PUC determined that steps must be taken to improve communications between electric utilities and the PUC during the period prior to and throughout an energy emergency. Heretofore, electric utilities have been required to report the status of emergency conditions. However, depending on the circumstances, the form and content of such information varied. The PUC has implemented interim procedures, similar to the proposed regulation, which the PUC found to be effective during peak electrical loads in the summer of 1994.
Additionally, the PUC instituted a formal on-the-record investigation on February 3, 1994, to examine the electric utility industry's planning and response to the electric energy emergency which occurred during the week of January 16, 1994. The PUC's final report on its Electric Energy Emergency Investigation was released for comment and a final report was approved by the PUC in September of 1994. This rulemaking incorporates some of the findings from that investigation.
The PUC is proposing to establish procedures to be followed by electric utilities when notifying the PUC during the period prior to and throughout energy-related emergencies. In the event of a load emergency situation or an emergency energy conservation situation, the regulation requires an affected electric utility to notify the PUC. The regulation sets forth in Chapter 57 a more definitive point at which the PUC is to be initially notified and sets forth a procedure for submitting timely information on a regular basis during an emergency. The regulation requires the utility to designate specific contact individuals who will provide the information to the PUC. The regulation also provides that the PUC will designate emergency contact individuals and the PUC will provide a current list of these contacts to the utilities and the Pennsylvania Emergency Management Agency (PEMA).
During the proposed rulemaking stage, the PUC received comments from the House Consumer Affairs Committee's Democratic Chair, David R. Wright; Philadelphia Electric Company; Pennsylvania Power and Light Company; Pennsylvania Power Company; Pennsylvania Telephone Association; and UGI Utilities, Inc.--Electric Division. In general, the comments on the proposed additions to Chapter 57 related to clarity, and the comments on the proposed minor revision to Chapter 67 raised concerns of burdensome reporting requirements and costs.
The PUC, in response to the recommendations and suggestions of the above commentators and the Commission, made a number of revisions in its final-form regulation.
On the PUC point of contact the utilities must use to satisfy the requirement to notify the PUC, we recommended that the phrase ''Secretary or a designee'' be replaced with a more general requirement for the utilities to notify the PUC. The PUC revised the regulation by replacing ''Secretary or his designee'' with ''the Commission'' for notification. In conjunction with the first comment, we recommended that the regulation require the PUC to provide specific emergency notification contact information to the utilities on a regular basis. The PUC added paragraphs (c)(6) and (7) which state the PUC will provide the current list of PUC contacts to the utilities and PEMA. We also recommended that the PUC contact have the authority to issue an emergency order. The PUC stated in an interim communication that, although not stated in the revised regulation, the Secretary will remain as the PUC's internal point of contact since the Secretary has the authority to issue emergency orders. Finally, we recommended that the PUC revise the regulation so that all references to the contact point are consistent. In response, the PUC consistently references notification ''to the Commission'' in the revised regulation.
We also commented on the clarity of the regulation's notification requirements. We recommended clarification of a notification discrepancy between proposed subsection (c) and the immediately following paragraph (c)(1) which specify the conditions that are required to be reported. We further recommended clarification of the timing of notification requirements in proposed paragraph (c)(1). We also questioned the PUC's proposed requirement for notification prior to implementation of fuel conservation measures. In order to alleviate any perceived discrepancy and avoid confusion, the PUC deleted proposed paragraph 57.52(c)(1) from the final-from regulation and renumbered the remaining paragraphs.
Additionally, we commented on the clarity of notification for subsequent implementation or cancellation of emergency procedures. We recommended that a more detailed procedure for the notification of the anticipation of, or the actual cancellation of, an emergency be added to the regulation consistent with the PUC's directives to the utilities for interim procedures in the PUC's February 3, 1994 Order. The PUC responded by modifying the regulation to require notification as each subsequent procedure is implemented or canceled. The PUC also clarified the regulation to require notification during load emergencies only if the emergency measures will directly impact firm customers, thereby responding to our concerns and commentators' concerns on reporting of service interruptions of contracted interruptible customers.
We recommended deletion of provisions for an energy monitoring team because this is an internal PUC matter. The PUC agreed and deleted the provisions for an energy monitoring team.
We commented on the need for procedures for communication with other agencies such as PEMA. We recommended that the regulation specify to whom informational requests from PEMA will be directed within the PUC. The PUC responded by adding provisions for PEMA to receive the current list of PUC contacts.
We commented on the need for clarification of the frequency and content of status reports. The PUC added clarifying provisions to clarify the frequency of reports and added detailed lists of information to be included in status reports.
We commented on proposed revisions to Chapter 67 intended to limit the scope of emergencies to be reported. We questioned whether the proposed change to Chapter 67 achieved the PUC's intended result, including the effect on water, gas and telephone utilities. The PUC responded by deleting the proposed amendment to Chapter 67 and adding a new paragraph to section 57.52(c) stating the provisions of Chapter 67 do not apply to the situations reported in section 57.52.
In response to Representative Wright's concerns over implementation of recommendations from the House Committee's Report on the Energy Emergency During the Week of January 17, 1994, the PUC agreed with the Commission that the concerns are outside the scope of the emergency notification procedures regulation. The PUC stated that they have addressed the majority of the recommendations in the PUC's Electric Energy Emergency Investigation at Docket No. I-00940031. We continue to strongly recommend that the PUC consider the subject of Representative Wright's concerns in the future, particularly concerning reserve capacity during peak consumption periods and reliability.
We are concerned with the PUC's response to our recommendation to establish in the final regulation how the PUC will provide PEMA with information. In response to this comment, the PUC stated they believe their relationship with PEMA and other governmental agencies should not be the subject of regulations directed toward their jurisdictional utilities. We continue to believe these procedures should be more specific in the regulation to avoid the problems discussed in the PUC's Electric Energy Emergency Investigation Final Report of July 1994, including problems the PUC itself identified such as the avoidance of duplicity of tasks performed by the utilities, PEMA, and the PUC during an emergency. The PUC only added a general provision to the regulation that the PUC will provide information to PEMA during emergency procedures. The PUC did not reference any existing procedures for providing information to PEMA which would formally or informally address our concern. Therefore, we continue to recommend that the PUC identify how the PUC will provide PEMA with information in the midst of an emergency to avoid unproductive duplicity of tasks.
The Senate Consumer Protection and Professional Licensure Committee approved this final-form regulation on May 14, 1996.
We have reviewed this regulation and find it to be in the public interest. As previously stated, we remain concerned with the PUC's opposition to establishing procedures in the regulation for exchange of information with PEMA. We continue to believe such a modification to the regulation would significantly improve the final-form regulation. However, when viewed in totality, we believe the final-form regulation represents a needed improvement in the PUC's present reporting procedures and the regulation should be implemented.
Therefore, It Is Ordered That:
1. Regulation No. 57-157 from the Pennsylvania Public Utility Commission, as submitted to the Commission on April 30, 1996, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Arthur Coccodrilli; Irvin G. Zimmerman
Public meeting held
May 16, 1996State Board of Veterinary Medicine--General Information; Doc. No. 16A-572
Order On August 24, 1994, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking would amend 49 Pa. Code Chapter 31. The authority for this regulation is section 5(1) of the Veterinary Medicine Practice Act (act) (63 P. S. § 485.5(1)). The proposed regulation was published in the September 3, 1994 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 29, 1996.
The proposal restructures and expands provisions governing examination and licensure for veterinarians. Section 31.3 (Examinations) replaces and expands the existing section 31.11 by providing information regarding examinations which are a prerequisite to licensure.
Section 31.11 is rewritten with expanded provisions for application for licensure including documentation requirements. In its final-form rulemaking, the Board incorporated our recommendation to add the requirements of section 9(b)(4) of the act which require an applicant to submit satisfactory evidence that he or she has not been convicted of a felonious act under the Controlled Substance, Drug, Device and Cosmetic Act. Similar requirements were added in section 31.13, Licensure renewal. Licensees who also practice veterinary medicine outside of Pennsylvania will be required to report their license information on the biennial registration form and report any disciplinary action taken in other states, territories or countries.
Current provisions for licensure application contained in section 31.12 are eliminated and replaced with provisions for temporary permits. Upon graduation from an approved school or college of veterinary medicine, an applicant may be granted a temporary permit. Temporary permits may also be granted for reciprocal licensure applicants pending passage of the Pennsylvania Veterinary Legal Practice examination. Temporary permits expire on the day following the announcement of grades of the first examination given after the temporary permit is issued. Temporary permit holders must associate with a licensed doctor of veterinary medicine and limit their work to the practice of the licensed doctor. In its final-form rulemaking, the Board added a provision which states the associating veterinarian shall be responsible for all veterinary activities of the temporary permit holder and shall be accessible by telephone or personal contact unless reponsibilities have been delegated to another licensed veterinarian.
Section 31.13, Licensure renewal, is revised by eliminating continuing education requirements which are reestablished in section 31.16. In the proposed rulemaking, the Board eliminated a provision requiring the payment of fees for license application, late renewal and regular biennial renewal as well as payment of fees which would have been paid if the holder had maintained his license in good standing. In our Comments, we questioned the Board's decision to eliminate the requirement for payment of fees during the expiration period because section 19(a)(2) of the act requires payment of these fees as a requirement of reinstatement. In section 31.13(d) of the final-form rulemaking, the Board reinstates the requirement for payment of fees that would have been paid if the license had been maintained in good standing.
Continuing education requirements are expanded to list continuing education providers who need not receive prior Board approval of continuing education courses they offer. In its final-form rulemaking, the Board adopted the suggestion of the Pennsylvania Veterinary Medical Association to include local constituent associations in the list of providers that do not require prior Board approval of continuing education courses.
On proposed rulemaking, the House Professional Licensure Committee (House Committee) submitted recommendations for clarification and explanation. The Board responded through changes to the final-form rulemaking and explanation in its preamble. On May 13, 1996, the House Committee approved the final-form regulation. The Senate Consumer Protection and Professional Licensure Committee voted to approve the regulation on May 14, 1996.
We have reviewed this regulation and find it to be in the public interest. In addition to the modifications discussed above, numerous other changes were adopted in the final-form regulation to improve its clarity.
Therefore, It Is Ordered That:
1. Regulation No. 16A-572 from the State Board of Veterinary Medicine, as submitted to the Commission on April 29, 1996, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Arthur Coccodrilli, dissenting; Irvin G. Zimmerman
Public meeting held
May 16, 1996Department of Agriculture--Enforcement of Marketing Programs; Sheep and Lamb Marketing Program; Doc. No. 2-96
Order On August 9, 1995, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Agriculture). This rulemaking would amend 7 Pa. Code §§ 104.21, 104.22, 104.24--104.26, 104.28--104.30. This authority for this regulation is section 11 of the Agricultural Commodities Marketing Act of 1968 (3 P. S. § 1011). The proposed regulation was published in the August 19, 1995 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 16, 1996.
This regulation is designed to improve the Sheep and Lamb Marketing Program (Program) by clarifying and streamlining the requirements placed upon producers and sales agents, and thereby increasing Program revenues by facilitating collection of the 25¢-per-head assessment. The regulation states that ''collecting sales agents'' will be responsible for collecting the 25¢-per-head assessment. A ''collecting sales agent'' is defined by these amendments as ''[A] sales agent that is a cooperative, auction, sheep or lamb pool or broker.'' The regulation changes the requirements that producers and sales agents keep certain types of records on forms provided by the Program to allow these parties to maintain records in a manner of their own choosing (written or computerized). Producers and sales agents must retain records for 4 years. The records must be available for inspection by the Program upon its written request.
Agriculture claims that the regulation is expected to decrease the costs of compliance imposed upon the private sector. The recordkeeping and paperwork requirements will be decreased and this should result in some tangible cost savings for producers and sales agents.
On October 3, 1995, the House Agriculture and Rural Affairs Committee voted unanimously to support the proposed version of this regulation. By letter dated September 19, 1995, Joseph R. Vogel, member of the Pennsylvania Sheep and Wool Growers Association, expressed support for the proposed version of this regulation.
We have reviewed this regulation and find it to be in the public interest. In the final-form regulation, Agriculture amended subsections 104.25(a), 104.26(a) and 104.28(b) to reduce the record retention period from 5 to 4 years. This change was in response to our Comments on the proposed rulemaking. We believe this is another positive step forward in streamlining and minimizing the requirements imposed by this regulation. This was one of the primary goals of this rulemaking and we support Agriculture's efforts towards increasing the effectiveness of its programs while simultaneously cutting the requisite paperwork.
Therefore, It Is Ordered That:
1. Regulation No. 2-96 from the Department of Agriculture, as submitted to the Commission on April 16, 1996, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 96-900. Filed for public inspection May 31, 1996, 9:00 a.m.]
