(a) Recovery.--The following shall apply:
(1) The initial distribution system improvement charge shall be calculated to recover the fixed cost of eligible property that has:
(i) Not previously been reflected in the utility's rates or rate base.
(ii) Been placed in service during the three-month period ending one month prior to the effective date of the distribution improvement system charge.
(2) After calculation of the initial charge under paragraph (1), the distribution system improvement charge must be updated on a quarterly basis to reflect eligible property placed in service during the three-month period ending one month prior to the effective date of each distribution system improvement charge update.
(3) The fixed cost of eligible property shall consist of depreciation and pretax return, except as provided for in subsection (c) for city natural gas distribution operation.
(b) Depreciation calculation.--Depreciation shall be calculated by applying the original cost of the eligible property to the annual accrual rates employed in the utility's most recent base rate case for the plant accounts in which each retirement unit of distribution system improvement charge eligible property is recorded. The following shall apply:
(1) The pretax return shall be calculated using the Federal and State income tax rates, the utility's actual capital structure and actual cost rates for long-term debt and preferred stock as of the last day of the three-month period ending one month prior to the effective date of the distribution system improvement charge and subsequent updates.
(2) The cost of equity shall be the equity return rate approved in the utility's most recent fully litigated base rate proceeding for which a final order was entered not more than two years prior to the effective date of the distribution system improvement charge.
(3) If more than two years have elapsed between the entry of a final order and the effective date of the distribution system improvement charge, the equity return rate used in the calculation shall be the equity return rate calculated by the commission in the most recent Quarterly Report on the Earnings of Jurisdictional Utilities released by the commission.
(c) Recovery of costs.--Utilities may file tariffs establishing a sliding scale of rates or other method for the automatic adjustment of the rates of the utility to provide for recovery of the depreciation and pretax return fixed costs of eligible property, as approved by the commission, that are completed and placed in service between base rate proceedings. For city natural gas distribution operations, recoverable costs shall be amounts reasonably expended or incurred to purchase and install eligible property and associated financing costs, if any, including debt service, debt service coverage and issuance costs.
(d) Calculation.--
(1) The distribution system improvement charge shall be expressed as a percentage carried to two decimal places and shall be applied in a manner consistent with section 1358 (relating to customer protections) to each customer under the utility's applicable rates and charges. The charge shall not be applied to amounts billed for public fire protection service by water utilities and the State tax adjustment surcharge.
(2) The distribution system improvement charge shall be calculated by dividing one-fourth of the annual fixed costs associated with all eligible property under the distribution system improvement charge by the projected revenue for the quarterly period during which the distribution system will be collected. The projected revenues shall not include revenues from public fire protection service earned by water utilities and the State tax adjustment surcharge.
(3) Supporting data for each quarterly update shall be filed with the commission and served upon the commission, the Office of Consumer Advocate and the Office of Small Business Advocate at least ten days prior to the effective date of the update.
Cross References. Section 1357 is referred to in section 1311 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