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PA Bulletin, Doc. No. 06-588

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Biennial Report to the General Assembly and Governor Pursuant to Section 1415; Doc. No. M-00041802F0003

[36 Pa.B. 1710]

Public Meeting
held March 16, 2006

Commissioners Present:  Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli, statement attached; Terrance J. Fitzpatrick,statement attached

Tentative Order

By the Commission:

   On November 30, 2004, Governor Edward G. Rendell signed into law SB 677, now known as Act 201. This Act went into effect on December 14, 2004. The Act amended Title 66 by adding Chapter 14 (66 Pa.C.S. §§ 1401--1418), Responsible Utility Customer Protection. The legislation is applicable to electric distribution companies, water distribution companies and larger natural gas distribution companies (those having annual operating income in excess of $6 million).

   The purpose of the Tentative Order is to propose the data collection methods and data elements that the Commission is considering for the purpose of evaluating the effect of the implementation of Chapter 14 on residential collections as required by 66 Pa.C.S. § 1415. Second, this Order will invite interested parties to comment on our proposals for the entire content of the biennial Commission report as also required by § 1415, and to propose alternative or additional methods and data elements for the Commission to consider.

Background

   Chapter 14 of Title 66 imposes requirements on the Commission at § 1415 pertaining to reporting to the General Assembly and the Governor every two years. The first report is due no later than December 14, 2006 and the final report is due in December, 2014. The reports are to review the implementation of the provisions of Chapter 14 and include, but are not limited to:

   1.  The degree to which the Chapter's requirements have been successfully implemented.

   2.  The effect upon the cash working capital or cash flow, uncollectible levels and collection of the affected public utilities.

   3.  The level of access to utility services by residential customers including low-income customers.

   4.  The effect upon the level of consumer complaints and mediations filed with and adjudicated by the Commission. (Please note that mediations are currently known as payment arrangement requests under § 1415)

   Chapter 14 directs public utilities affected by the Chapter to provide data, as required by this Commission, to complete the reports. The Commission's report may also contain recommendations to the Governor and the General Assembly about legislative or other changes which the Commission deems appropriate.

Discussion

   The provisions of Chapter 14 generally apply to electric, water, and natural gas distribution utilities under § 1403. Chapter 14 includes the Philadelphia Gas Works, a city natural gas distribution operation, within the category of natural gas distribution utilities. The category specifically excludes natural gas distribution utilities with operation revenues of less than $6 million per year except where the public utility voluntarily petitions the Commission to be included or where the public utility seeks to provide natural gas supply services to retail gas customers outside its service territory. Natural gas distribution utilities that are not connected to an interstate gas pipeline are similarly excluded from the provisions of Chapter 14 under § 1403.

   For the purpose of evaluating the impact of implementing Chapter 14, the Commission proposes to require larger utilities to provide more information than smaller utilities in recognition of resource restriction that smaller utilities are more likely to face. Specifically, we propose that larger utilities be required to fully comply with the data reporting requirements while smaller utilities be required to report only a limited number of collection data variables. We propose that larger utilities, subject to full reporting to the Commission pursuant to § 1415, are electric, gas and water distribution utilities with annual operating revenues greater than or equal to $200 million. The electric distribution utilities that would be subject to the Chapter 14 evaluation reporting requirements using this criterion are Allegheny Power Company, Duquesne Light Company, Metropolitan Edison Company, PECO Energy Company, Pennsylvania Electric Company, Penn Power Company and PPL Electric Utilities. The natural gas distribution utilities that would be subject to the Chapter 14 evaluation reporting requirements as proposed are Columbia Gas Company, Dominion Peoples, Equitable Gas Company, Natural Fuel Gas Distribution, PECO Energy Company, PG Energy Company, Philadelphia Gas Works and UGI Utilities. The water distribution utilities that would be subject to the Chapter 14 evaluation reporting requirements are Aqua Pennsylvania, Inc. and Pennsylvania American Water Company.

   In developing the proposal to limit the size and number of distribution utilities for the purposes of full Chapter 14 collection evaluation reporting, the Commission considered several factors. First, we determined that by having complete information from seven major electric distribution companies (EDCs), eight major natural gas distribution companies (NGDCs) and two major water distribution companies (WDCs), the Commission would capture the vast majority of relevant information to accurately portray the implementation effects of Chapter 14. Second, by excluding a number of smaller distribution companies from full reporting of the collection data requirements, the Commission will reduce the burden for reporting on the smaller companies. Finally, by gathering full data from only the larger utilities we should have a manageable data set for analysis.

   The Commission proposes that the smaller utilities covered by Chapter 14 be required to report only a limited number of residential collection data variables. This abbreviated list of collection variables includes the number of residential customers, annual residential billings, annual gross residential write-offs, the number of terminations and the number of reconnections. However, we ask all of the smaller companies to review the full list of collection data variables and provide comments on their ability to provide the data on a variable by variable basis.

Report Categories

   1.  Degree to Which the Requirements of the Chapter Have Been Successfully Implemented

   The first area that the Commission is to report to the General Assembly and the Governor is the degree to which the Chapter's requirements have been successfully implemented. The Commission's initial proposal is that we provide a summary of the implementation of the Chapter 14 proceedings by both the Commission and the utilities. Next, we propose to report on the deficiencies and violations of the utilities in the implementation of the Act. Finally, we propose to survey Protection of Abuse agencies to determine the impact of Chapter 14 on that customer segment.

   2.  Residential Collections

   The second area that the Commission is to report to the General Assembly and the Governor is the effect the Chapter has on cash working capital or cash flow, uncollectible levels and residential collections of the affected utilities. The Commission seeks comments on five collection data issues associated with the utility collection reporting requirements including: (1) The content of the list of collection data variables to be included under the reporting requirements, (2) The frequency of utility reporting under the reporting requirements, (3) The periodicity1 of the reporting on a variable by variable basis, (4) The accounting protocol on a variable by variable basis, and (5) The due dates for the utility reporting under the reporting requirements. The collection data issues are discussed below:

Issue #1--Establishment of the List of Collection Data Variables

   The Commission has put together a list of potential collection data variables for inclusion in these reporting requirements. These variables are listed in Appendix A. The Commission's intent is to provide a comprehensive picture of the state of residential collection to the General Assembly and Governor. Towards that end, the Commission would like to develop a list of collection variables that we can use to achieve our intent. Some of the initially proposed collection variables are the same as other data currently provided to the Commission in other required reporting. Some of the proposed variables are similar to currently reported data but would require some modification. Finally, while other proposed variables may be new, we believe they have significance under Chapter 14.

   Overall, this initial list was designed to allow for a more complete collection analysis than current collection reporting has produced. Most importantly, the final list of collection data variables will produce a comprehensive and common data set for use by the Commission, the utilities, the General Assembly, the Governor and other interested parties.

   The initial list of collection variables has been compiled in a manner that will allow for data aggregation into four broader collection categories such as customer billings, customer payments, utility collection expenses, and customer arrearages.

   The data categories have been developed with the overall evaluation of collection data in mind. From the perspective of both data aggregation and data analysis, each of these four major categories can be used in outcome formulas that can serve as meaningful evaluation measurement tools. For example, the total customer payments can be divided by the total customer billings to produce a customer payment ratio. The total collection expenses can be divided by the total customer payments to produce a collection expense ratio. The total dollars in arrearages can be divided by the total dollars in billings to produce an arrearage ratio (the percentage of billings in debt). The total dollars written off can be divided by the total billings to produce a write-offs ratio. The average arrearage can be divided by the average bill to produce an arrearage aging result known as the total weighted arrearage.

   Many of the proposed collection data variables match those from other reporting requirements. Generally, we propose to match the due dates of those other reporting requirements to place as little additional burden on the companies as possible. In this way, companies will simply copy the same numbers in two places at the same time. The table below organizes the 54 proposed data variables into 11 primary data categories. The table indicates whether or not the data is duplicated in other reporting requirements and the source of those other reporting requirements, the proposed reporting frequency and the proposed due dates for this reporting.

Data Category Variable # Source of Data if
Required Elsewhere
Reporting
Frequency
Due Date
Number of Customers 1 § 56.231 Monthly 25th of each month
Collection Operating Expenses 2 Universal Service Reporting Annual April 1 of each year
Billing and Payments 3--4 Billing--Submitted Voluntarily
Payments--New
Monthly 25th of each month
Write-Offs 5--6 Submitted Voluntarily Semiannual July 25 and March 1
of each year
Arrearages 7--18 § 56.231 and New Monthly 25th of each month
Terminations and Reconnections 19--25 § 56.231 and Modified Monthly 25th of each month
Security Deposits 26--38 New Monthly 25th of each month
Reconnection Fees 39--42 New Monthly 25th of each month
Late Payment Fees 43--44 New Monthly 25th of each month
Field Visit Fees 45--48 New Monthly 25th of each month
Universal Service Program Costs 49--54 Universal Service Reporting Annual April 1 of each year

Issue #2--Frequency of Utility Reporting to the Commission

   The second collection issue is the frequency of reporting. It may be appropriate for the frequency of reporting to vary on a variable by variable basis, depending on the nature of the data and the use of the data. The decisions we make regarding the frequency of utility reporting will have an impact on the overall decision-making process and eventual outcomes of the other reporting issues. Specifically, the frequency of utility reporting must first be determined before a logical resolution of the other collection issues can be reached. These remaining issues include the periodicity of the reporting on a variable by variable basis, the accounting protocol on a variable by variable basis, and the due dates for the utility reporting under the collection reporting requirements.

   There are various options for the applicable time frame or period for the reporting, i.e., the period of time that will be covered by the data reported by the utilities.There are four options; monthly reporting, quarterly reporting, semi-annual reporting, and annual reporting.

   Generally, monthly reporting has the most value for us since it allows for a timely analysis of collection performance. In light of and in consideration of the fact that most of the current collection data reporting to the Commission in compliance with regulations requires monthly reporting, the Commission proposes that many of the collection variables be reported to us on a monthly basis. In this way, we will have as much current collection data as possible.

   Consistent with the Universal Service reporting requirements, Universal Service program costs should continue to be reported annually. Finally, we propose that a few variables such as write-offs and collection operating expenses be reported twice per year. In this way, at a minimum we can provide the General Assembly and the Governor with comprehensive data about the first six months of the year in which we issue a report to them. Of course, we will also have complete data from the previous year.

Issue #3--Periodicity of the Reporting Requirements on Collection Data Variables

   Periodicity as it relates to residential collection data variables is the period of time that is covered in the reporting of a collection data variable. Examples of the periodicity of reporting include monthly, semi-annual, and annual. The periodicity of the reporting requirements on a variable by variable basis will be dependant upon the frequency of utility reporting, the nature of and availability of the collection data variable, and the appropriateness of the period of time for the reporting of the data.

   For example, if the data variable is the ''number of terminations'' and if the reporting frequency is determined to be ''annually,'' the periodicity for reporting this variable could be ''monthly'' for each of the twelve individual months in the reporting period. That is, the utility will provide the number of terminations for each month of the year. Thus, ''month'' is the unit of periodicity in our example. This type of periodicity allows us to make year-to-date comparisons over multiple years as well as other types of analyses including the comparison of the number of terminations completed during the heating season to the number of terminations completed during non-heating months.

   By contrast, another possible outcome for the periodicity could be a single number representing the cumulative number of terminations over the twelve-month period. This type of periodicity would be ''annually'' and, in this example, does not allow for either year-to-date comparisons of terminations with past years or for any other type of analyses where the timeframe is shorter than yearly.

Issue #4--Accounting Protocols on a Variable by Variable Basis

   The nature of the data variable as well as its purpose should be considered in order to determine the accounting protocol for the data variable. For example, the accounting protocol for the number of terminations is simply a cumulative running count of how many terminations took place during the reporting period.

   The number of residential customers may be a monthly average for the 12 months of the year. As for the calculation of the number of customers for each individual month, the accounting protocol may be the number as of the last day of the month. In contrast, the monthly number of customers could be the average of the daily counts for the month instead of the end of month number. These examples illustrate the importance of establishing clear accounting protocols.

Issue #5--Utility Reporting Due Dates

   From an evaluation perspective we believe it would dramatically improve the statistical significance of the evaluation and subsequent Commission reporting if we can establish the trend line of the collection data prior to the enactment of Chapter 14. Thus, we propose that the pre-Chapter 14 trend line be established from 2000 to 2004. Throughout 2005 the Commission and the utilities were still in the process of resolving numerous policy issues regarding the implementation of Chapter 14. Thus, we acknowledge that 2005 collection data will likely be impacted by the pace and scope of the Chapter 14 implementation process. Arguably, 2006 collection data will reflect fewer transitional issues as fewer Chapter 14 implementation policy issues remain unresolved.

   The Commission previously recognized the importance of the gathering of multi-year data for trend analysis as part of the Reliability Performance Benchmarks and Standards. In the applicable reporting requirements at § 57.195, the performance benchmark for each reliability metric represents the statistical average of the EDC's annual, system-wide, reliability performance index values for the five-year period from 1994-1998. The benchmark serves as an objective level of performance that each EDC should strive to achieve and maintain, and is a reference point for comparison of future reliability performance. In similar fashion, we are asking the large utilities to report on the five years leading up to Chapter 14, 2000 through 2004. Our needs for time series data in this proceeding are a bit different. In lieu of benchmarking, we are proposing to establish a pre-Chapter 14 trend line that will be long enough to provide a meaningful view of the trend lines leading up to Chapter 14. For example, in recent months there has been much discussion and debate about the number of residential terminations. The trend is generally upwards in recent years but the increase varies depending on the year that you begin the trend analysis. Further, we propose going back to 2000 because two major events that impacted the ability of utilities to gather and report historical collections data were over by then, Y2K and industry restructuring.

   Initially, the Commission suggests that separate reporting for each year 2000, 2001, 2002, 2003, 2004 and 2005 is due on or before June 1, 2006. Subsequent reporting will initially address data from 2006. We propose that the 2006 data with a monthly reporting frequency for the months of January, February, March, April and May 2006 be reported to the Commission by June 25, 2006. Subsequent monthly reporting is due no later than the 25th of the following month beginning with June 2006 data due no later than July 25, 2006. Semi-annual reporting for the first six months of the year is due no later than July 25th of each year beginning with January through June 2006 data due no later that July 25, 2006. Semi-annual reporting for the second six months of the year is due by March 1st of the following year beginning with July through December 2006 data due no later than March 1, 2007. This will allow enough time for these variables to be reported with accuracy and completeness. Data with annual reporting is due no later than April 1 of the following year beginning with 2006 annual data due no later than April 1, 2007.

   Most of the duplicative historical collections data included in these proposed reporting requirements have not been placed in the public domain. Given this fact, the Commission would prefer that the utilities provide the prior years of previously submitted data to us under these reporting requirements before this data appears in the public domain. This will eliminate any chance of transcription errors on the part of the Commission and this exercise will serve as a means for the utilities to validate the accuracy of the previously reported data before it is placed in the public domain. In addition, the Commission offers to share its available data records of past utility reporting with the utilities in an effort to validate or verify past data and to facilitate the submission of the previously reported data by the utilities.

   The Commission asks that you direct questions related to the proposed collection data reporting requirements to David Mick of the Bureau of consumer Services at (717) 783-3232 or dmick@state.pa.us.

   3.  Level of Access to Utility Service

   The third area that the Commission is to report to the General Assembly and the Governor is the impact that Chapter 14 has had on the level of access to utility services by residential customers, including impacts on low income customers. This may be the most challenging of the four areas of evaluation required by Chapter 14. This area is challenging because historically there has been minimal systematic data collected to address this topic.

   The Commission does receive limited information that pertains to termination from utilities through the annual Cold Weather Survey (CWS) pursuant to our regulations at 52 Pa. Code § 56.100. The CWS data gathering is conducted by the electric and natural gas distribution companies once a year in November. The utilities survey residential properties where heat-related service was terminated during the calendar year and not reconnected. Survey results are reported to the Commission categorized according to whether household is known to be low income, known to be non-low income or income status unknown. The CWS reports to the Commission do not provide any indication as to how long the household has been without utility service. A further limitation of the CWS is that if you were terminated in a prior year, you will not be in the pool of customers to be surveyed in the current year.

   There are several potential measures of access to utility service that are not currently reported to, or gathered by, the Commission that may be relevant. We seek comments on whether the Chapter 14 evaluation should consider implementing these new measures. First, utilities could record and report to the Commission on the number of applicants that apply for utility service but whose application is denied. Potentially this information could be gathered by determining whether the customer seeking the application is low income or non-low income. Similarly, customers whose service applications have been denied by a utility may contact the Commission. In many cases, the Commission may not be permitted to issue a payment arrangement that would facilitate reconnection of service. As in the case with utilities, the Commission could tabulate these utility access denials and include the figures in the report to the General Assembly and the Governor as information related to the degree of access to utility service. Another potential measure the Commission could use to gather information is determining the number of payment arrangement requests.

   4.  Effect on the Level of Consumer Complaints and Payment Arrangement Requests Filed and Adjudicated with the Commission

   The fourth area that the Commission is required to report to the General Assembly and the Governor is the effect of Chapter 14 on the level of consumer complaints and payment arrangement requests filed and adjudicated with the Commission. The Commission can readily provide data including the number of consumer complaints, the number of payment arrangement requests, the number of non-CAP (Customer Assistance Program) customers turned away from the Commission seeking a payment arrangement request, the number of CAP customers who were denied a payment arrangement by the Commission, the number of payment arrangement requests that the Commission took in but dismissed without a decision for payment terms and the number of customers who made a payment agreement with the Commission that were under a Protection from Abuse Order. We do not have the ability to report on the distribution of payment arrangement requests by the number of months that customers are given to pay their arrearage. However, we can provide data on income levels and, in turn, that information can be used to approximate the distribution of payment arrangement data by the number of months to pay since the number of months to pay is determined by income level.

Conclusion

   The Commission's Tentative Order lays out a framework for meeting its obligation to issue a biennial report to the Governor and General Assembly reviewing the implementation of the provisions of Chapter 14 as directed at § 1415.

   The Commission proposes specific residential collection data reporting requirements that are aimed at measuring the impact of Chapter 14 on utility collection. The Commission believes that this can be accomplished through the initiation of Interim Guidelines for Collection Data Reporting Requirements. The reporting of comprehensive, accurate and uniform residential collection data will facilitate the use of residential collection data in future policy decisions regarding Chapter 14.

   We are hereby proposing by this Tentative Order Interim Guidelines to be in effect pending the promulgation of final regulations, should we find that a rulemaking is necessary. These guidelines, when finalized after the receipt of public comment, are intended to provide certain utilities affected by Chapter 14 to submit data required for the Commission to complete the report to the General Assembly and Governor.

   To accommodate public comment on these Tentative Interim Guidelines, we will direct that this Order be published in the Pennsylvania Bulletin and will establish a thirty day comment period from the date of publication. We urge that all interested persons file comments. Note that reply comments will be permitted. Accordingly, comments should address all relevant issues including the identification of the additional costs, if any, that are anticipated to be incurred by the industry to comply with these interim guidelines. Additional costs are those that are in excess of the current costs to comply with similar existing state or federal requirements; Therefore,

It Is Ordered That:

   1.  Voluntary Interim Reporting Guidelines attached to this Tentative Order are hereby proposed to provide a framework for data reporting for the Commission to meet its obligation to issue a biennial report to the General Assembly and Governor reviewing the implementation of the provisions of Chapter 14 as directed at § 1415. These guidelines, once finalized, are intended to remain in place pending a decision on a formal rulemaking to promulgate regulations.

   2.  This Tentative Order, including Appendix A, be published in the Pennsylvania Bulletin.

   3.  Written comments, an original and 15 copies, shall be filed with the Commission within thirty (30) days of entry of this Order, at Docket No. M-00041802F0003. Attention: Secretary, P. O. Box 3265, Harrisburg, PA. 17105-3265. Reply Comments may be filed within 45 days of date of entry of this Order. In addition, one copy in electronic format (Microsoft Word 2002 or readable equivalent) on diskette shall be provided to the Secretary and copies shall be emailed to Terrence J. Buda (tbuda@state.pa.us), Cyndi Page (cypage@state.pa.us), and David Mick (dmick@state.pa.us). Comments and Reply Comments shall be posted on the Commission's Website at www.puc.state.pa.us.

   4.  A copy of this order and any accompanying statements of the Commissioners be served upon all jurisdictional electrical distribution utilities, natural gas distribution utilities, water distribution utilities covered by Chapter 14, the Office of Consumer Advocate, the Office of Small Business Advocate, and the Office of Trial Staff, posted on the Commission's web site, and shall be made available, upon request, to other interested parties.

   5.  A final order shall be issued subsequent to the receipt and evaluation of any comments filed in accordance with this Tentative Order.

APPENDIX A

Interim Guidelines for Residential Collection Data Reporting Requirements of the Electric, Natural Gas, and Water Distribution Companies in Accordance with the Provisions of § 1415(2)

I.  PURPOSE

   The purpose of these interim guidelines is to set forth the reporting requirements for residential collection data that will allow the Commission to measure the effect of Chapter 14 upon the cash working capital or cash flow, uncollectible levels and collections of the affected public utilities.

II.  DEFINITIONS

   Active Residential Account--A residential account that is currently receiving utility service.

   CAP--Customer Assistance Program

   CARES--Customer Assistance and Referral Evaluation Services

   Inactive Residential Account--A residential account that has either been terminated or discontinued, the final bill has passed, and the amount owing has not yet been written off by the utility.

   LIURP--Low Income Usage Reduction Program

   Reconnection for Customer Payment--A residential account that was terminated for any reason covered under § 1406(a) or § 1406(c) and subsequently restored after meeting the utility's terms for restoration if the terms for restoration included a customer payment or payment agreement. Also, if the terms for restoration of service included a prior balance for the same customer at the same location and the customer's service is restored after meeting the utility's terms and conditions for service restoration, the restoration of service should be counted as a Reconnection for Customer Payment. This is true regardless of how much time has passed up to a limit of four years and regardless of whether the customer's current status is as an applicant or ratepayer under Chapter 14.

III.  REQUIRED COMPANIES

   All electric, gas or water distribution companies that have filed their most current financial disclosure to the Commission showing annual operating revenues greater than or equal to $200,000,000 are required to fully report on all collection data variables listed in Section IV. All small companies covered by Chapter 14 are required to report only variables #1, #3, #5 and #19 through #25 in Section IV.

IV.  PROPOSED LIST OF COLLECTION DATA VARIABLES

   The proposed list of collection data variables appears below. A designation of the proposed utility reporting frequency for each variable appears after each variable: (M) is equal to monthly reporting; (S) is equal to semi-annual reporting; (A) is equal to annual reporting. In addition, if a variable has not been previously reported to the Commission either voluntarily or through regulation, it is designated as (New). Otherwise, the variable is either identical or similar, possibly needing modification, to one that is currently reported. Collection data reporting shall be categorized as follows:

   1.  The total number of residential customers (M)

   2.  The total dollar amount of annual collection operating expenses (S)

   3.  The total dollar amount of annual residential billings (M)

   4.  The total dollar amount in customer payments including all payments made on behalf of the customer (M) (New)

   5.  The total dollar amount of gross residential write-offs (S)

   6.  The total dollar amount of residential recoveries (S)

   7.  The total number of active residential accounts in arrears and not on a payment agreement (M)

   8.  The total dollar amount in arrears for active residential accounts in arrears and not on a payment agreement (M)

   9.  The total number of active residential accounts in arrears and on a payment agreement (M)

   10.  The total dollar amount in arrears for active residential accounts in arrears and on a payment agreement (M)

   11.  The total number of active residential accounts in arrears and in CAP (M) (New)

   12.  The total dollar amount in arrears for active residential accounts in arrears and in CAP (M) (New)

   13.  The total number of active CAP recipients who have pre-program arrearages that have not yet been fully written-off (M) (New)

   14.  The total dollar amount in arrears for active CAP recipients who have pre-program arrearages that have not yet been fully written-off (M) (New)

   15.  The total number of active residential accounts that have current billings not yet due (M) (New)

   16.  The total dollar amount for active residential accounts that have current billings not yet due (M) (New)

   17.  The total number of inactive residential accounts in arrears (M) (New)

   18.  The total dollar amount in arrears for inactive residential accounts in arrears (M) (New)

   19.  The total number of terminations for non-payment of arrearages as defined at § 1406(a)(1) or § 1406(a)(2)(M)

   20.  The total number of terminations for non-payment of security deposits as defined at § 1406(a)(3)(M)

   21.  The total number of terminations for non-payment of both an arrearage and a security deposit as defined at either § 1406(a)(1) or § 1406(a)(2) and § 1406(a)(3) (M)

   22.  The total number of terminations for other reasons including failure to permit access, unauthorized use of service, fraud, meter tampering, and safety as defined at § 1406(a)(4), § 1406(c)(1)(i), § 1406(c)(1)(ii), § 1406(c)(1)(iii), and § 1406(c)(1)(iv)(M)

   23.  The total number of reconnections for customer payment (M)

   24.  The total number of reconnections for medical certification (M)

   25.  The total number of reconnections for reasons other than customer payment or medical certification (M) (New)

   26.  The total number of applicants that are billed a security deposit for new service (M) (New)

   27.  The total dollar amount of security deposits billed to applicants for new service (M) (New)

   28.  The total dollar amount of security deposits paid by applicants for new service (M) (New)

   29.  The total number of customers that are billed a security deposit for current/existing service while service is still on (M) (New)

   30.  The total dollar amount of security deposits billed to customers for current/existing service while service is still on (M) (New)

   31.  The total dollar amount of security deposits paid by customers for current/existing service while service is still on (M) (New)

   32.  The total number of applicants or customers that are billed a security deposit as a condition of reconnection (M) (New)

   33.  The total dollar amount of security deposits billed to applicants or customers as a condition of reconnection (M) (New)

   34.  The total dollar amount of security deposits paid by applicants or customers as a condition of reconnection (M) (New)

   35.  The total dollar amount of security deposits on-hand (S) (New)

   36.  The total number of customers that had dollars in previously collected security deposits applied to unpaid account balances (M) (New)

   37.  The total dollar amount in previously collected security deposits applied to unpaid account balances (M) (New)

   38.  The total dollar amount in security deposit interest paid to customers (S) (New)

   39.  The total number of customers that were billed a reconnection fee as a condition of reconnection (M) (New)

   40.  The total dollar amount of reconnection fees billed to customers as a condition of reconnection (M) (New)

   41.  The total number of customers who paid reconnection fees as a condition of reconnection (M) (New)

   42.  The total dollar amount of reconnection fees paid by customers as a condition of reconnection (M) (New)

   43.  The total dollar amount in late payment fees billed to customers (M) (New)

   44.  The total dollar amount of late payment fees paid by customers (M) (New)

   45.  The total number of customers billed a field visit fee (M) (New)

   46.  The total dollar amount of field visit fees billed to customers (M) (New)

   47.  The total number of customers that paid a field visit fee (M) (New)

   48.  The total dollar amount of field visit fees paid by customers (M) (New)

   49.  The total dollar amount of actual LIURP spending for the year just completed (A)

   50.  The total dollar amount of CAP administrative costs for the year just completed (A)

   51.  The total dollar amount of CAP credits for the year just completed (A)

   52.  The total dollar amount of CAP pre-program arrearage forgiveness for the year just completed (A)

   53.  The total dollar amount of CARES program costs for the year just completed (A)

   54.  The total dollar amount of Hardship Fund administrative costs assessed to ratepayers for the year just completed (A)

V.  COLLECTION DATA DICTIONARY AND VARIANCES

   Following the Commission's issuance of the Final Order for Interim Reporting Guidelines, the Commission will prepare a data dictionary that will contain a definition for each collection data variable along with all pertinent reporting instructions for each variable. Companies that can not meet the requirements must seek a variance from the Commission. Variances from the data dictionary by individual companies will be documented and a report on the variances will be issued as an appendix in the Commission's report to the Governor and the General Assembly. The data dictionary and report on variances will also be filed at this Docket.

JAMES J. MCNULTY,   
Secretary

Statement of Commissioner Kim Pizzingrilli

Public Meeting March 16, 2006; MAR-2006-BCS-0003*

Biennial Report to the General Assembly and Governor Pursuant to Section 1415; Doc. No. M-00041802F0003

   In accordance with the Responsible Utility Customer Protection Act (66 Pa.C.S. §§ 1401--1418), the Commission is required to submit a report to the Governor and the General Assembly every two years to review the implementation of the Act including the degree to which the requirements have been successfully implemented; the effect upon the cash working capital or cash flow, uncollectible levels and collections of the affected public utilities; the level of access to utility services by residential customers, including low income customers; and the effect upon the level of consumer complaints and mediations filed with and adjudicated by the Commission. The Commission's initial report is due in December of 2006. Public utilities are to provide data to the Commission in order to complete the report.

   Today, the Commission issues a Tentative Order seeking comments regarding proposed data collection methods and elements. I commend the Bureau of Consumer Services for putting forth this proposal in a timely manner; however, I also look forward to the comments filed in response to this Tentative Order. It is imperative that the Commission receive the proper data to fulfill its statutory reporting requirement but at the same time, we should strive to avoid redundancy and unnecessary reporting requirements. For those reasons, I support the issuance of the Tentative Order and look forward to reviewing comments on how best to meet the Commission's needs while maximizing efficiency and minimizing reporting redundancy.

Statement of Commissioner Terrance J. Fitzpatrick

Public Meeting March 16, 2006; MAR-2006-BCS-0003*

Biennial Report to the General Assembly and Governor Pursuant to Section 1415; M-00041802F0003

   Chapter 14 of Title 66 requires the Commission to report to the General Assembly and Governor every two years regarding the effect of the implementation of The Responsible Utility Customer Protection Act on residential collections. 66 Pa.C.S. § 1415. Today the Commission issues a Tentative Order that invites interested parties to comment on proposed data collection methods and elements that the Commission is considering for the purpose of preparing to complete this report.

   I appreciate the time and effort of the Bureau of Consumer Services in preparing this proposal to initiate the process for this critical report; however, I am concerned that some of the methods and content included in this proposal may be redundant and potentially burdensome on the companies required to provide this information. I also recognize the short timeframe the Commission is confronted with in developing a process and format for the first report which is due no later than December 14, 2006. While I am voting in support of issuing this Tentative Order for comment, I am reserving judgment on the appropriate methods and data that should be collected by the Commission for this report. I look forward to the comments of all interested parties and will review them closely before voting on a Final Order setting forth a finalized reporting process.

[Pa.B. Doc. No. 06-588. Filed for public inspection April 7, 2006, 9:00 a.m.]

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1  The quality, state, or fact of being regularly recurrent. Webster's New Collegiate Dictionary 852 (1977)



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