Section 69.363. Treatment of PENNVEST obligations

(a) Water and wastewater companies with outstanding PENNVEST obligations that have not been reflected in rates or future PENNVEST obligations, may establish under 66 Pa.C.S. § 1307(a) (relating to sliding scale of rates; adjustments) an automatic adjustment by means of a sliding scale of rates or other method limited solely to recovery of the company’s PENNVEST principal and interest obligations.

(b) Filings for relief under 66 Pa.C.S. § 1307(a), may occur prior to DER inspection and should be submitted to the Commission 60—90 days prior to the first anticipated principal and interest payment.

(c) Companies are encouraged to provide notice to customers of the request for a PENNVEST increase by means of a sliding scale of rates or other method for the automatic adjustment of rates by bill insert to begin no less than 60 days prior to the effective date.

(d) Rate recovery under a 66 Pa.C.S. § 1307(a) PENNVEST automatic adjustment by means of a sliding scale of rates or other method may be approved only after the receipt of the following:

(i) DEP inspection.

(ii) Final PENNVEST amortization schedule.

(e) When approved by the Commission, the PENNVEST obligations should be listed on customers’ bills as a separate line item. Amounts collected under the Section 1307(a) PENNVEST automatic adjustment by means of a sliding scale of rates or other method are subject to reconciliation and refund. Revenues should be listed in a separate account dedicated for PENNVEST repayment only. Commingling of funds is discouraged.

(f) Complaints against recovery of PENNVEST obligations under a Section 1307(a) automatic adjustment clause will be referred to the Commission’s Office of Administrative Law Judge for hearing and adjudication. The issues of used and usefulness, prudency and reasonableness of the investment will be addressed at this hearing, if necessary.

(g) Companies are encouraged to report the status of PENNVEST obligations in their annual reports.

The provisions of this § 69.363 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 880; amended February 13, 1998, effective February 14, 1998, 28 Pa.B. 801. Immediately preceding text appears at serial pages (202042) to (202043).