1090 Withdrawal of proposed rulemaking and proposed statement of policy; universal service and energy conservation reporting requirements; customer assistance programs?

[ 52 PA. CODE CHS. 54, 62, 69 and 72 ]

[ L-00070186 ]

[ M-00072036 ]

Withdrawal of Proposed Rulemaking and Proposed Statement of Policy; Universal Service and Energy Conservation Reporting Requirements; Customer Assistance Programs

[42 Pa.B. 3458]
[Saturday, June 16, 2012]

Proposed Rulemaking Relating to Universal Service and Energy Conservation Reporting Requirements, 52 Pa. Code §§ 54.71—54.78 (electric); §§ 62.1—62.8 (natural gas) and Customer Assistance Programs, §§ 76.1—76.6;
Doc. No. L-00070186

Proposed Revision to Policy Statement on Customer Assistance Programs, 52 Pa. Code §§ 69.261—69.267;
Doc. No. M-00072036

Order Withdrawing Rulemaking and
Policy Statement

 On May 10, 2012, the Pennsylvania Public Utility Commission (Commission) entered an order discontinuing the Proposed Rulemaking on Universal Service and Energy Conservation Reporting Requirements and Customer Assistance Programs (CAP) at Doc. No. L-00070186 and the Proposed Revision to the Policy Statement on CAPs at Doc. No. M-00072036.

 The proposed rulemaking order was published at 38 Pa.B. 776 (February 9, 2008). The Commission reopened the public comment period to provide interested parties with an opportunity to submit additional comments on specific topics at 40 Pa.B. 1764 (April 3, 2010). The order regarding the proposed revisions to the CAP Statement of Policy was published at 37 Pa.B. 6022 (November 10, 2007).

 Several developments occurred since the initiation of these proceedings that impact the information that was used to draft the proposed rulemaking and proposed statement of policy. These developments include a change in policy regarding the integration of Low Income Home Energy Assistance Program grants with CAPs and the growth of CAPs during the economic decline. Both developments likely contributed to the increased costs of CAPs. The Commission wishes to re-evaluate a CAP design that differs from the one in the proposed rulemaking and proposed revisions to the CAP statement of policy to restore the balance between providing an affordable CAP bill and ensuring that the rates to non-CAP customers, who fund CAPs, remain just and reasonable.

 In addition, the Commission noted that it is conducting an investigation into the retail electricity market in this Commonwealth. Investigation of Pennsylvania's Retail Electricity Market, Doc. No. I-2011-2237952. Several universal service issues are being examined in this investigation, including whether CAP customers should be able to shop for electric supply and, if so, the protections that should be in place to ensure that the generation service is affordable. Further, the investigation may examine who will administer universal service programs and serve CAP customers in an environment where electric generation suppliers provide default service. The Commission determined that it was prudent to wait until the conclusion of the universal service stakeholder process in the investigation before finalizing the proposed rulemaking and proposed revisions to the CAP statement of policy.

 The Commission intends to initiate a new rulemaking and policy statement in the future.

 A complete copy of the order is available on the Commission's web site at http://www.puc.state.pa.us/general/search.aspx by performing a search for Doc. No. L-00070186 and Doc. No. M-00072036.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 12-1090. Filed for public inspection June 15, 2012, 9:00 a.m.]