(a) Authority.--Except as provided under this subchapter, after January 1, 2013, a utility may petition the commission, or the commission, after notice and hearing, may approve the establishment of a distribution system improvement charge to provide for the timely recovery of the reasonable and prudent costs incurred to repair, improve or replace eligible property in order to ensure and maintain adequate, efficient, safe, reliable and reasonable service.
(b) Petition.--A petition for commission approval of a distribution system improvement charge shall include the following:
(1) An initial tariff that complies with a model tariff adopted by the commission. The proposed tariff shall include the following:
(i) A description of the eligible property.
(ii) The effective date of the distribution system improvement charge.
(iii) Computation of the distribution system improvement charge.
(iv) The method by which the utility will provide quarterly updates of the distribution improvement charge.
(v) A description of consumer protections.
(2) Testimony, affidavits, exhibits or other evidence that demonstrates that a distribution improvement system charge is in the public interest and will facilitate utility compliance with the following:
(i) The provision and maintenance of adequate, efficient, safe, reliable and reasonable service consistent with section 1501 (relating to character of service and facilities).
(ii) Commission regulations and orders relating to the provision and maintenance of adequate, efficient, safe, reliable and reasonable service.
(iii) Any other requirement under Federal or State law relating to the provision and maintenance of adequate, efficient, safe, reliable and reasonable service.
(3) A long-term infrastructure improvement plan under section 1352 (relating to long-term infrastructure improvement plan).
(4) Certification that a base rate case has been filed within five years prior to the date of the filing of the petition under section 1308(d) (relating to voluntary changes in rates).
(5) If a base rate case has not been filed within five years prior to the date of the filing of the petition, the utility must file a base rate case in order to be eligible for a distribution system improvement charge.
(6) Any other information required by the commission.
Cross References. Section 1353 is referred to in sections 1352, 1355 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 13 - Rates and Distribution Systems
Section 1301 - Rates to be just and reasonable
Section 1301.1 - Computation of income tax expense for ratemaking purposes
Section 1302 - Tariffs; filing and inspection
Section 1303 - Adherence to tariffs
Section 1304 - Discrimination in rates
Section 1305 - Advance payment of rates; interest on deposits
Section 1306 - Apportionment of joint rates
Section 1307 - Sliding scale of rates; adjustments
Section 1308 - Voluntary changes in rates
Section 1309 - Rates fixed on complaint; investigation of costs of production
Section 1310 - Temporary rates
Section 1311 - Valuation of and return on the property of a public utility
Section 1313 - Price upon resale of public utility services
Section 1314 - Limitation on prices paid for property and fuel
Section 1315 - Limitation on consideration of certain costs for electric utilities
Section 1316 - Recovery of advertising expenses
Section 1316.1 - Recovery of club dues
Section 1317 - Regulation of natural gas costs
Section 1318 - Determination of just and reasonable gas cost rates
Section 1319 - Financing of energy supply alternatives
Section 1320 - Fuel purchase audits by complaint
Section 1321 - Recovery of certain employee meeting expenses
Section 1322 - Outages of electric generating units
Section 1323 - Procedures for new electric generating capacity
Section 1324 - Residential telephone service rates based on duration or distance of call
Section 1325 - Local exchange service increases; limitation (Repealed)
Section 1326 - Standby charge prohibited
Section 1327 - Acquisition of water and sewer utilities
Section 1328 - Determination of public fire hydrant rates
Section 1329 - Valuation of acquired water and wastewater systems
Section 1330 - Alternative ratemaking for utilities
Section 1350 - Scope of subchapter
Section 1352 - Long-term infrastructure improvement plan
Section 1353 - Distribution system improvement charge
Section 1354 - Customer notice
Section 1356 - Asset optimization plans
Section 1357 - Computation of charge