Read the full stored bill text
PRIOR PRINTER'S NO. 2840 PRINTER'S NO. 3673
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2184
Session of
2026
INTRODUCED BY OTTEN, WAXMAN, PROBST, HILL-EVANS, RABB, HADDOCK,
HOWARD, STEELE, SAPPEY, PROKOPIAK, POWELL, CEPEDA-FREYTIZ,
PARKER, FRANKEL, CIRESI, RIVERA, WEBSTER, BRENNAN,
SHUSTERMAN, FREEMAN, VITALI, BOROWSKI, HANBIDGE, D. WILLIAMS,
O'MARA, McNEILL, PIELLI, INGLIS, DEASY, KHAN, HARKINS,
CONKLIN, KRAJEWSKI, SALISBURY, KINKEAD, TAKAC, MAYES AND
KRUPA, JANUARY 30, 2026
AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY
AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,
JUNE 23, 2026
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for definitions; in powers and duties, providing
for public interest; and, in rates and distribution systems,
further providing for rates to be just and reasonable, for
voluntary changes in rates and for rates fixed on complaint
and investigation of costs of production.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 66 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
* * *
"Public interest." Factors used to determine public interest
by the commission under section 531 (relating to public
interest).
"PUBLIC INTEREST." THE PUBLIC INTEREST STANDARD, AS
DETERMINED IN ACCORDANCE WITH SECTION 531 (RELATING TO PUBLIC
INTEREST), IN A PROCEEDING UNDER SECTION 531, 1301 (RELATING TO
RATES TO BE JUST AND REASONABLE), 1308 (RELATING TO VOLUNTARY
CHANGES IN RATES) OR 1309 (RELATING TO RATES FIXED ON COMPLAINT;
INVESTIGATION OF COSTS OF PRODUCTION). IN ANOTHER PROCEEDING,
THE TERM HAS THE MEANING OTHERWISE APPLICABLE UNDER THIS TITLE
AND COMMISSION AND JUDICIAL PRECEDENT.
* * *
Section 2. Title 66 is amended by adding a section to read:
§ 531. Public interest.
(a) Public interest findings.--When making a decision
regarding a utility, the commission shall use the following to
determine whether the decision is in the public interest:
(1) The affordability of utility rates for current and
future residential customers.
(2) The utility's plans for use of an all-of-the-above
energy strategy, including:
(i) development of distributed generation resources;
(ii) development of renewable energy and storage
resources;
(iii) generation resources with little or no
volatility in fuel prices; and
(iv) demand-side resources, including energy
efficiency, to insulate customers from future rate
increases and bill increases.
20260HB2184PN3673 - 2 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) Modernization and improvement of the reliability of
Pennsylvania's electric grid, if applicable, including both
the transmission and distribution grid.
(4) Protection of public health and the environment,
including reduction of air emissions, water withdrawals,
water consumption and water discharges.
(5) The potential for economic growth, including:
(i) jobs;
(ii) economic output; and
(iii) State and local tax revenues.
(6) Improvement of utility reliability and resiliency.
(7) Improvements in energy efficiency.
(8) Environmental justice considerations.
(b) Documentation.--The commission shall include public
interest findings under subsection (a) in all decisions relating
to public utilities.
§ 531. PUBLIC INTEREST.
(A) APPLICATION.--
(1) THIS SECTION SHALL APPLY TO ANY OF THE FOLLOWING
PROCEEDINGS:
(I) A RATE PROCEEDING UNDER SECTION 1301 (RELATING
TO RATES TO BE JUST AND REASONABLE), 1308 (RELATING TO
VOLUNTARY CHANGES IN RATES) OR 1309 (RELATING TO RATES
FIXED ON COMPLAINT; INVESTIGATION OF COSTS OF
PRODUCTION).
(II) A MAJOR INFRASTRUCTURE APPROVAL PROCEEDING IN
WHICH THE TOTAL CAPITAL INVESTMENT PROPOSED EXCEEDS
$50,000,000 OR IN WHICH 10,000 OR MORE RESIDENTIAL
CUSTOMERS MAY BE AFFECTED.
(III) ANOTHER PROCEEDING IN WHICH THE COMMISSION
20260HB2184PN3673 - 3 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
DETERMINES THAT PUBLIC INTEREST FINDINGS UNDER THIS
SECTION ARE MATERIAL TO THE OUTCOME.
(2) IN A PROCEEDING UNDER PARAGRAPH (1), THE COMMISSION
SHALL DETERMINE WHETHER THE PROCEEDING IS IN THE PUBLIC
INTEREST BY CONSIDERING THE FACTORS UNDER SUBSECTIONS (B),
(C), (D) AND (E), AS APPLICABLE.
(3) IF A PROCEEDING INVOLVES MORE THAN ONE TYPE OF
PUBLIC UTILITY SERVICE, THE COMMISSION SHALL CONSIDER THE
FACTORS APPLICABLE TO EACH TYPE OF SERVICE.
(B) ELECTRIC SERVICE.--WHEN MAKING A DECISION REGARDING A
PUBLIC UTILITY FURNISHING ELECTRIC SERVICE, THE COMMISSION SHALL
CONSIDER THE FOLLOWING FACTORS, AS APPLICABLE, TO DETERMINE
WHETHER THE DECISION IS IN THE PUBLIC INTEREST:
(1) THE AFFORDABILITY OF ELECTRIC SERVICE RATES FOR
CURRENT AND FUTURE RESIDENTIAL CUSTOMERS.
(2) THE PUBLIC UTILITY'S PLAN FOR A COMPREHENSIVE ENERGY
GENERATION, STORAGE AND DEMAND MANAGEMENT STRATEGY THAT
EMPHASIZES THE FOLLOWING:
(I) DEVELOPMENT OF DISTRIBUTED GENERATION RESOURCES.
(II) DEVELOPMENT OF RENEWABLE ENERGY AND STORAGE
RESOURCES.
(III) GENERATION RESOURCES WITH LITTLE OR NO
VOLATILITY IN FUEL PRICES.
(IV) DEMAND-SIDE RESOURCES, INCLUDING ENERGY
EFFICIENCY, TO INSULATE CUSTOMERS FROM FUTURE RATE
INCREASES AND BILL INCREASES.
(3) MODERNIZATION AND IMPROVEMENT OF THE RELIABILITY OF
THE ELECTRIC GRID IN THIS COMMONWEALTH, INCLUDING THE
TRANSMISSION GRID AND DISTRIBUTION GRID.
(4) PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT,
20260HB2184PN3673 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
INCLUDING REDUCTION OF AIR EMISSIONS, WATER WITHDRAWALS,
WATER CONSUMPTION AND WATER DISCHARGES.
(5) THE POTENTIAL FOR ECONOMIC GROWTH, INCLUDING THE
FOLLOWING:
(I) JOBS.
(II) ECONOMIC OUTPUT.
(III) STATE AND LOCAL TAX REVENUES.
(6) THE ABILITY OF THE PUBLIC UTILITY TO DELIVER SERVICE
CONSISTENTLY, SAFELY, EFFECTIVELY AND EFFICIENTLY, INCLUDING
THE ABILITY TO RESPOND TO AND RECOVER FROM ADVERSE
CIRCUMSTANCES.
(7) IMPROVEMENTS IN ENERGY EFFICIENCY.
(8) ENVIRONMENTAL JUSTICE CONSIDERATIONS, INCLUDING
WHETHER THE DECISION WILL CREATE OR EXACERBATE
DISPROPORTIONATE ENVIRONMENTAL OR ECONOMIC BURDENS ON LOW-
INCOME COMMUNITIES, COMMUNITIES OF COLOR OR COMMUNITIES
IDENTIFIED AS OVERBURDENED UNDER THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION'S ENVIRONMENTAL JUSTICE MAPPING
TOOL, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S
EJSCREEN TOOL OR A SUCCESSOR MAPPING TOOL DESIGNATED BY THE
COMMISSION.
(9) THE SAFETY OF ELECTRIC SERVICE INFRASTRUCTURE,
OPERATIONS AND SERVICE DELIVERY, INCLUDING THE PROTECTION OF
CUSTOMERS, WORKERS AND THE PUBLIC FROM HARM ARISING FROM
ELECTRIC SERVICE FACILITIES OR OPERATIONS.
(C) WATER AND WASTEWATER SERVICE.--WHEN MAKING A DECISION
REGARDING A PUBLIC UTILITY FURNISHING WATER SERVICE OR
WASTEWATER SERVICE, THE COMMISSION SHALL CONSIDER THE FOLLOWING
FACTORS, AS APPLICABLE, TO DETERMINE WHETHER THE DECISION IS IN
THE PUBLIC INTEREST:
20260HB2184PN3673 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) THE AFFORDABILITY OF WATER SERVICE RATES AND
WASTEWATER SERVICE RATES FOR CURRENT AND FUTURE RESIDENTIAL
CUSTOMERS.
(2) THE PUBLIC UTILITY'S PLAN FOR A COMPREHENSIVE ENERGY
GENERATION, STORAGE AND DEMAND MANAGEMENT STRATEGY THAT
EMPHASIZES THE FOLLOWING:
(I) DEVELOPMENT OF DISTRIBUTED GENERATION RESOURCES.
(II) DEVELOPMENT OF RENEWABLE ENERGY AND STORAGE
RESOURCES.
(III) GENERATION RESOURCES WITH LITTLE OR NO
VOLATILITY IN FUEL PRICES.
(IV) DEMAND-SIDE RESOURCES, INCLUDING ENERGY
EFFICIENCY, TO INSULATE CUSTOMERS FROM FUTURE RATE
INCREASES AND BILL INCREASES.
(3) MODERNIZATION AND IMPROVEMENT OF THE RELIABILITY OF
WATER SERVICE INFRASTRUCTURE AND WASTEWATER SERVICE
INFRASTRUCTURE IN THIS COMMONWEALTH, INCLUDING WATER SUPPLY,
WATER TREATMENT, WATER DISTRIBUTION, WASTEWATER COLLECTION,
WASTEWATER TREATMENT AND WASTEWATER DISPOSAL INFRASTRUCTURE.
(4) PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT,
INCLUDING REDUCTION OF AIR EMISSIONS, WATER WITHDRAWALS,
WATER CONSUMPTION AND WATER DISCHARGES.
(5) THE POTENTIAL FOR ECONOMIC GROWTH, INCLUDING THE
FOLLOWING:
(I) JOBS.
(II) ECONOMIC OUTPUT.
(III) STATE AND LOCAL TAX REVENUES.
(6) THE ABILITY OF THE PUBLIC UTILITY TO DELIVER SERVICE
CONSISTENTLY, SAFELY, EFFECTIVELY AND EFFICIENTLY, INCLUDING
THE ABILITY TO RESPOND TO AND RECOVER FROM ADVERSE
20260HB2184PN3673 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
CIRCUMSTANCES.
(7) IMPROVEMENTS IN ENERGY EFFICIENCY.
(8) ENVIRONMENTAL JUSTICE CONSIDERATIONS, INCLUDING
WHETHER THE DECISION WILL CREATE OR EXACERBATE
DISPROPORTIONATE ENVIRONMENTAL OR ECONOMIC BURDENS ON LOW-
INCOME COMMUNITIES, COMMUNITIES OF COLOR OR COMMUNITIES
IDENTIFIED AS OVERBURDENED UNDER THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION'S ENVIRONMENTAL JUSTICE MAPPING
TOOL, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S
EJSCREEN TOOL OR A SUCCESSOR MAPPING TOOL DESIGNATED BY THE
COMMISSION.
(9) THE SAFETY OF WATER SERVICE INFRASTRUCTURE,
WASTEWATER SERVICE INFRASTRUCTURE, OPERATIONS AND SERVICE
DELIVERY, INCLUDING THE PROTECTION OF CUSTOMERS, WORKERS AND
THE PUBLIC FROM HARM ARISING FROM WATER SERVICE FACILITIES,
WASTEWATER SERVICE FACILITIES OR OPERATIONS.
(D) NATURAL GAS SERVICE.--WHEN MAKING A DECISION REGARDING A
PUBLIC UTILITY FURNISHING NATURAL GAS SERVICE, THE COMMISSION
SHALL CONSIDER THE FOLLOWING FACTORS, AS APPLICABLE, TO
DETERMINE WHETHER THE DECISION IS IN THE PUBLIC INTEREST:
(1) THE AFFORDABILITY OF NATURAL GAS SERVICE RATES FOR
CURRENT AND FUTURE RESIDENTIAL CUSTOMERS.
(2) THE PUBLIC UTILITY'S PLAN FOR A COMPREHENSIVE ENERGY
GENERATION, STORAGE AND DEMAND MANAGEMENT STRATEGY THAT
EMPHASIZES THE FOLLOWING:
(I) DEVELOPMENT OF DISTRIBUTED GENERATION RESOURCES.
(II) DEVELOPMENT OF RENEWABLE ENERGY AND STORAGE
RESOURCES.
(III) GENERATION RESOURCES WITH LITTLE OR NO
VOLATILITY IN FUEL PRICES.
20260HB2184PN3673 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(IV) DEMAND-SIDE RESOURCES, INCLUDING ENERGY
EFFICIENCY RELATED TO NATURAL GAS SERVICE, TO INSULATE
CUSTOMERS FROM FUTURE RATE INCREASES AND BILL INCREASES.
(3) MODERNIZATION AND IMPROVEMENT OF THE RELIABILITY OF
NATURAL GAS SERVICE INFRASTRUCTURE IN THIS COMMONWEALTH,
INCLUDING NATURAL GAS DISTRIBUTION INFRASTRUCTURE AND
TRANSMISSION INFRASTRUCTURE.
(4) PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT,
INCLUDING REDUCTION OF AIR EMISSIONS, WATER WITHDRAWALS,
WATER CONSUMPTION AND WATER DISCHARGES.
(5) THE POTENTIAL FOR ECONOMIC GROWTH, INCLUDING THE
FOLLOWING:
(I) JOBS.
(II) ECONOMIC OUTPUT.
(III) STATE AND LOCAL TAX REVENUES.
(6) THE ABILITY OF THE PUBLIC UTILITY TO DELIVER SERVICE
CONSISTENTLY, SAFELY, EFFECTIVELY AND EFFICIENTLY, INCLUDING
THE ABILITY TO RESPOND TO AND RECOVER FROM ADVERSE
CIRCUMSTANCES.
(7) IMPROVEMENTS IN ENERGY EFFICIENCY.
(8) ENVIRONMENTAL JUSTICE CONSIDERATIONS, INCLUDING
WHETHER THE DECISION WILL CREATE OR EXACERBATE
DISPROPORTIONATE ENVIRONMENTAL OR ECONOMIC BURDENS ON LOW-
INCOME COMMUNITIES, COMMUNITIES OF COLOR OR COMMUNITIES
IDENTIFIED AS OVERBURDENED UNDER THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION'S ENVIRONMENTAL JUSTICE MAPPING
TOOL, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S
EJSCREEN TOOL OR A SUCCESSOR MAPPING TOOL DESIGNATED BY THE
COMMISSION.
(9) THE SAFETY OF NATURAL GAS SERVICE INFRASTRUCTURE,
20260HB2184PN3673 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
OPERATIONS AND SERVICE DELIVERY, INCLUDING THE PROTECTION OF
CUSTOMERS, WORKERS AND THE PUBLIC FROM HARM ARISING FROM
NATURAL GAS SERVICE FACILITIES OR OPERATIONS.
(E) TELECOMMUNICATIONS SERVICE AND OTHER PUBLIC UTILITY
SERVICE.--WHEN MAKING A DECISION REGARDING A PUBLIC UTILITY
FURNISHING TELECOMMUNICATIONS SERVICE OR ANOTHER PUBLIC UTILITY
SERVICE NOT COVERED UNDER SUBSECTION (B), (C) OR (D), THE
COMMISSION SHALL CONSIDER THE FOLLOWING FACTORS, AS APPLICABLE,
TO DETERMINE WHETHER THE DECISION IS IN THE PUBLIC INTEREST:
(1) THE AFFORDABILITY OF THE PUBLIC UTILITY'S RATES FOR
CURRENT AND FUTURE RESIDENTIAL CUSTOMERS.
(2) THE PUBLIC UTILITY'S PLAN FOR A COMPREHENSIVE ENERGY
GENERATION, STORAGE AND DEMAND MANAGEMENT STRATEGY THAT
EMPHASIZES THE FOLLOWING:
(I) DEVELOPMENT OF DISTRIBUTED GENERATION RESOURCES.
(II) DEVELOPMENT OF RENEWABLE ENERGY AND STORAGE
RESOURCES.
(III) GENERATION RESOURCES WITH LITTLE OR NO
VOLATILITY IN FUEL PRICES.
(IV) DEMAND-SIDE RESOURCES, INCLUDING ENERGY
EFFICIENCY, TO INSULATE CUSTOMERS FROM FUTURE RATE
INCREASES AND BILL INCREASES.
(3) MODERNIZATION AND IMPROVEMENT OF THE RELIABILITY OF
PUBLIC UTILITY INFRASTRUCTURE IN THIS COMMONWEALTH.
(4) PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT.
(5) THE POTENTIAL FOR ECONOMIC GROWTH, INCLUDING THE
FOLLOWING:
(I) JOBS.
(II) ECONOMIC OUTPUT.
(III) STATE AND LOCAL TAX REVENUES.
20260HB2184PN3673 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(6) THE ABILITY OF THE PUBLIC UTILITY TO DELIVER SERVICE
CONSISTENTLY, SAFELY, EFFECTIVELY AND EFFICIENTLY, INCLUDING
THE ABILITY TO RESPOND TO AND RECOVER FROM ADVERSE
CIRCUMSTANCES.
(7) IMPROVEMENTS IN ENERGY EFFICIENCY.
(8) ENVIRONMENTAL JUSTICE CONSIDERATIONS, AS EVIDENCED
BY THE PUBLIC UTILITY'S COMPLIANCE WITH STANDARDS
ADMINISTERED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
UNDER THE AIR POLLUTION CONTROL ACT, THE CLEAN STREAMS LAW,
THE PENNSYLVANIA SAFE DRINKING WATER ACT OR ANOTHER
APPLICABLE ENVIRONMENTAL STATUTE. THE COMMISSION MAY NOT MAKE
AN INDEPENDENT DETERMINATION OF ENVIRONMENTAL COMPLIANCE
UNDER THIS PARAGRAPH BUT MAY CONSIDER THE PUBLIC UTILITY'S
DEMONSTRATED COMPLIANCE WITH STANDARDS ADMINISTERED BY THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ANY PENDING
ENFORCEMENT ACTION OR CONSENT ORDER OF THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION.
(9) THE SAFETY OF PUBLIC UTILITY INFRASTRUCTURE,
OPERATIONS AND SERVICE DELIVERY, INCLUDING THE PROTECTION OF
CUSTOMERS, WORKERS AND THE PUBLIC FROM HARM ARISING FROM
PUBLIC UTILITY FACILITIES OR OPERATIONS.
(F) ENVIRONMENTAL JUSTICE REGULATIONS.--WITHIN 18 MONTHS OF
THE EFFECTIVE DATE OF THIS SUBSECTION, THE COMMISSION SHALL
PROMULGATE REGULATIONS ESTABLISHING A METHODOLOGY FOR APPLYING
THE FACTORS UNDER SUBSECTIONS (B)(8), (C)(8), (D)(8) AND (E)(8),
INCLUDING THE DESIGNATION OF A SUCCESSOR MAPPING TOOL IF THE
COMMISSION DETERMINES THAT A SUCCESSOR MAPPING TOOL IS
NECESSARY.
(G) BALANCING FACTORS.--
(1) IF THE COMMISSION DETERMINES THAT TWO OR MORE
20260HB2184PN3673 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
APPLICABLE FACTORS UNDER SUBSECTION (B), (C), (D) OR (E) ARE
IN TENSION, THE COMMISSION SHALL TAKE ALL OF THE FOLLOWING
ACTIONS:
(I) IDENTIFY EACH FACTOR IMPLICATED BY THE DECISION
AND EXPLAIN HOW THE FACTOR APPLIES TO THE PROCEEDING.
(II) DOCUMENT THE SPECIFIC TENSION BETWEEN THE
IMPLICATED FACTORS AND EXPLAIN WHY THE FACTORS CANNOT BE
SIMULTANEOUSLY SATISFIED.
(III) EXPLAIN THE WEIGHT THAT THE COMMISSION
ASSIGNED TO EACH IMPLICATED FACTOR AND THE REASON FOR THE
WEIGHT ASSIGNED, INCLUDING ANY EVIDENCE IN THE RECORD
THAT INFORMED THE COMMISSION'S DETERMINATION.
(IV) IDENTIFY ANY CONDITION, MITIGATION MEASURE,
PHASED IMPLEMENTATION OR ALTERNATIVE APPROACH THAT THE
COMMISSION CONSIDERED IN ATTEMPTING TO SATISFY THE
IMPLICATED FACTORS.
(2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
ESTABLISH A FIXED HIERARCHY AMONG THE FACTORS UNDER
SUBSECTION (B), (C), (D) OR (E). THE COMMISSION SHALL GIVE
FULL CONSIDERATION TO EACH APPLICABLE FACTOR IN EACH
APPLICABLE PROCEEDING.
(3) THE COMMISSION'S DISCRETION IN WEIGHING THE FACTORS
UNDER SUBSECTION (B), (C), (D) OR (E) SHALL BE SUBJECT TO
REVIEW FOR REASONABLENESS.
(4) IF TWO OR MORE FACTORS ARE IN CONFLICT, THE
COMMISSION SHALL GIVE PARTICULAR WEIGHT TO FACTORS AFFECTING
THE AFFORDABILITY OF UTILITY SERVICE FOR LOW-INCOME
RESIDENTIAL CUSTOMERS AND FACTORS AFFECTING COMMUNITIES WITH
EXISTING ENVIRONMENTAL OR PUBLIC HEALTH BURDENS, AS
IDENTIFIED UNDER SUBSECTION (B)(8), (C)(8), (D)(8) OR (E)(8).
20260HB2184PN3673 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO SUBORDINATE
ANOTHER FACTOR BUT SHALL SERVE AS A TIEBREAKER IF THE
COMMISSION DETERMINES THAT IMPLICATED FACTORS ARE OTHERWISE
IN EQUIPOISE.
(H) BALANCING RATE STANDARDS.--
(1) IF THE APPLICATION OF THE FACTORS UNDER SUBSECTION
(B), (C), (D) OR (E) APPEARS TO CONFLICT WITH THE JUST AND
REASONABLE STANDARD UNDER SECTION 1301 OR ANOTHER APPLICABLE
RATE STANDARD UNDER THIS TITLE, THE COMMISSION SHALL TAKE ALL
OF THE FOLLOWING ACTIONS:
(I) DOCUMENT THE SPECIFIC TENSION BETWEEN THE
STANDARDS IN THE COMMISSION'S DECISION.
(II) EXPLAIN THE WEIGHT THAT THE COMMISSION ASSIGNED
TO EACH STANDARD AND THE REASON FOR THE WEIGHT ASSIGNED.
(III) IDENTIFY ANY REMEDIAL CONDITION, PHASED
IMPLEMENTATION OR ALTERNATIVE APPROACH THAT THE
COMMISSION CONSIDERED IN ATTEMPTING TO SATISFY BOTH
STANDARDS.
(2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
CREATE A HIERARCHY BETWEEN THE PUBLIC INTEREST STANDARD AND
THE JUST AND REASONABLE STANDARD. THE COMMISSION SHALL GIVE
FULL CONSIDERATION TO BOTH STANDARDS IN EACH APPLICABLE
PROCEEDING.
(I) PUBLIC INTEREST FINDINGS.--
(1) IN A PROCEEDING UNDER SUBSECTION (A)(1), THE
COMMISSION SHALL INCLUDE FULL PUBLIC INTEREST FINDINGS UNDER
THIS SECTION IN THE COMMISSION'S DECISION.
(2) THE PUBLIC INTEREST FINDINGS UNDER PARAGRAPH (1)
SHALL IDENTIFY THE PUBLIC INTEREST FACTORS UNDER SUBSECTIONS
(B), (C), (D) AND (E) THAT ARE MATERIALLY IMPLICATED BY THE
20260HB2184PN3673 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PROCEEDING AND EXPLAIN THE COMMISSION'S REASONS FOR THE
DETERMINATION.
(3) IF APPLICABLE, THE COMMISSION SHALL INCLUDE THE
DOCUMENTATION REQUIRED UNDER SUBSECTIONS (G) AND (H) IN THE
COMMISSION'S DECISION.
(4) THE COMMISSION SHALL NOT BE REQUIRED TO CONDUCT A
FULL PUBLIC INTEREST ANALYSIS UNDER THIS SECTION IN A
PROCEEDING THAT IS NOT SUBJECT TO SUBSECTION (A)(1).
(5) WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS
PARAGRAPH, THE COMMISSION SHALL PROMULGATE REGULATIONS
CATEGORIZING PROCEEDING TYPES AND ESTABLISHING THE
CORRESPONDING LEVEL OF PUBLIC INTEREST ANALYSIS REQUIRED
UNDER THIS SUBSECTION.
Section 3. Sections 1301(a), 1308(a) and 1309(a) 1309 of
Title 66 are amended to read:
§ 1301. Rates to be just and reasonable.
(a) Regulation.--Every rate made, demanded, or received by
any public utility, or by any two or more public utilities
jointly, shall be just and reasonable, consistent with the
public interest and in conformity with regulations or orders of
the commission. Only public utility service being furnished or
rendered by a municipal corporation, or by the operating
agencies of any municipal corporation, beyond its corporate
limits, shall be subject to regulation and control by the
commission as to rates, with the same force, and in like manner,
as if such service were rendered by a public utility.
* * *
§ 1308. Voluntary changes in rates.
(a) General rule.--Unless the commission otherwise orders,
no public utility shall make any change in any existing and duly
20260HB2184PN3673 - 13 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
established rate, except after 60 days notice to the commission,
which notice shall plainly state the changes proposed to be made
in the rates then in force, how the changes proposed are
consistent with the public interest and the time when the
changed rates will go into effect. The public utility shall also
give such notice of the proposed changes to other interested
persons as the commission in its discretion may direct. Such
notices regarding the proposed changes which are provided to the
utility's customers shall be in plain understandable language as
the commission shall prescribe. All proposed changes shall be
shown by filing new tariffs, or supplements to existing tariffs
filed and in force at the time. The commission, for good cause
shown, may allow changes in rates, without requiring the 60 days
notice, under such conditions as it may prescribe.
* * *
§ 1309. Rates fixed on complaint; investigation of costs of
production.
(a) General rule.--Whenever the commission, after reasonable
notice and hearing, upon its own motion or upon complaint, finds
that the existing rates of any public utility for any service
are unjust, unreasonable, inconsistent with the public interest,
or in anywise in violation of any provision of law, the
commission shall determine the just and reasonable rates,
including maximum or minimum rates, to be thereafter observed
and in force, and shall fix the same by order to be served upon
the public utility, and such rates shall constitute the legal
rates of the public utility until changed as provided in this
part. Whenever a public utility does not itself produce or
generate that which it distributes, transmits, or furnishes to
the public for compensation, but obtains the same from another
20260HB2184PN3673 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
source, the commission shall have the power and authority to
investigate the cost of such production or generation in any
investigation of the reasonableness of the rates of such public
utility.
* * *
(B) DEADLINE FOR DECISION.--BEFORE THE EXPIRATION OF A
[NINE-MONTH] 12-MONTH PERIOD BEGINNING ON THE DATE OF THE
COMMISSION'S MOTION OR THE FILING OF A COMPLAINT PURSUANT TO
SUBSECTION (A), A MAJORITY OF THE MEMBERS OF THE COMMISSION
SERVING IN ACCORDANCE WITH LAW, ACTING UNANIMOUSLY, SHALL MAKE A
FINAL DECISION AND ORDER, SETTING FORTH ITS REASONS THEREFOR. IF
SUCH AN ORDER HAS NOT BEEN MADE AT THE EXPIRATION OF SUCH [NINE-
MONTH] 12-MONTH PERIOD AND THE MOTION OR COMPLAINT PURSUANT TO
SUBSECTION (A) REQUESTED A REDUCTION IN RATES, A FINAL DECISION
AND ORDER OF THE COMMISSION WHICH DETERMINES OR FIXES A RATE
REDUCTION SHALL BE RETROACTIVE TO THE EXPIRATION OF SUCH [NINE-
MONTH] 12-MONTH PERIOD, PROVIDED THAT NOTHING HEREIN SHALL BE
CONSTRUED TO PROHIBIT THE COMMISSION FROM SETTING TEMPORARY
RATES PURSUANT TO SECTION 1310 (RELATING TO TEMPORARY RATES)
PRIOR TO THE EXPIRATION OF SUCH [NINE-MONTH] 12-MONTH PERIOD AND
GIVING SUCH EFFECT TO THE SETTING OF TEMPORARY RATES AS IS
OTHERWISE PERMITTED BY THIS TITLE. THE COMMISSION MAY EXTEND THE
12-MONTH PERIOD FOR 90 DAYS FOR GOOD CAUSE SHOWN IN A PROCEEDING
REQUIRING PUBLIC INTEREST FINDINGS UNDER SECTION 531 (RELATING
TO PUBLIC INTEREST) IF THE COMMISSION ISSUES A WRITTEN ORDER
STATING THE BASIS FOR THE EXTENSION AND IDENTIFYING THE SPECIFIC
PUBLIC INTEREST FACTORS REQUIRING ADDITIONAL TIME. THIS
SUBSECTION SHALL APPLY ONLY WHEN THE REQUESTED REDUCTION IN
RATES AFFECTS MORE THAN 5% OF THE CUSTOMERS AND AMOUNTS TO IN
EXCESS OF 3% OF THE TOTAL GROSS ANNUAL INTRASTATE OPERATING
20260HB2184PN3673 - 15 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
REVENUES OF THE PUBLIC UTILITY, PROVIDED THAT, IF THE PUBLIC
UTILITY FURNISHES TWO OR MORE TYPES OF SERVICE, THE FOREGOING
PERCENTAGES SHALL BE DETERMINED ONLY ON THE BASIS OF THE
CUSTOMERS RECEIVING, AND THE REVENUES DERIVED FROM, THE TYPE OF
SERVICE TO WHICH THE REQUESTED REDUCTION PERTAINS. THIS
SUBSECTION SHALL NOT APPLY TO ANY PROCEEDING INVOLVING A CHANGE
IN RATES PROPOSED BY A PUBLIC UTILITY PURSUANT TO SECTION 1307
(RELATING TO SLIDING SCALE OF RATES; ADJUSTMENTS) OR 1308
(RELATING TO VOLUNTARY CHANGES IN RATES).
Section 4. This act shall take effect in 60 days.
20260HB2184PN3673 - 16 -
1
2
3
4
5
6
7
8
9
10