2010 Pennsylvania Code
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Chapter 74 - Generation Choice for Customers of Electric Cooperatives
7408 - Option to elect commission review.

     § 7408.  Option to elect commission review.
        (a)  General rule.--The transition surcharge assessed by an
     electric cooperative corporation under this chapter generally
     shall not be subject to the jurisdiction or control of the
     commission. An electric cooperative corporation shall have the
     option of submitting its proposed transition surcharge for
     review by the commission in the manner set forth in subsection
     (b).
        (b)  Submission to commission.--Either by an affirmative vote
     of two-thirds of all members of the corporation or by an
     affirmative vote of two-thirds of all directors at a meeting of
     the members or directors called for the purpose, an electric
     cooperative corporation may elect the option of submitting a
     transition surcharge which has been adopted by its board of
     directors to the commission for review and approval. Within 30
     days of such action by an electric cooperative corporation, the
     secretary of the corporation shall certify such an action by the
     members or directors, as the case may be, and submit the
     transition surcharge to the secretary of the commission
     requesting review and approval.
        (c)  Commission determination.--The commission, within 90
     days after a submission under subsection (b), shall make a
     determination as to whether the transition surcharge of an
     electric cooperative corporation is just and reasonable and
     shall issue an order reflecting its determination. If no order
     is issued within 90 days, the transition surcharge shall be
     deemed to be approved as being just and reasonable, and all
     review proceedings shall be terminated. If no order is issued by
     the commission within the 90 days, no appeal may be taken
     relative to the effectiveness of the transition surcharge, and
     it shall have full force and effect.
        (d)  Alternative.--An electric cooperative corporation may
     take action by a majority vote of its board of directors to
     alter the amount of its transition surcharge. If the transition
     surcharge has previously been submitted to the commission for
     review and approval under subsection (b) and if the change by
     the board of directors causes a reduction of the current
     transition surcharge of greater than 10%, that action by the
     board of directors shall have the effect of immediately
     terminating any pending approval proceeding by the commission
     and ending its jurisdiction and control over the subject
     transition surcharge.