2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 13 - Rates and Rate Making
1322 - Outages of electric generating units.

     § 1322.  Outages of electric generating units.
        (a)  General rule.--Whenever an electric generating unit,
     determined by the commission to be a base load unit, is out of
     service for more than 120 consecutive days, a utility owning a
     share of that unit shall not be permitted to recover, through
     base rates, a sliding scale of rates, or by any other means, the
     excess energy costs incurred to generate or purchase replacement
     power occasioned by any portion of the outage which the
     commission determines to be unreasonable or imprudent. In making
     its determination under this subsection, the commission shall
     consider, in addition to any other relevant evidence, whether
     the outage could have been shortened or avoided if the unit had
     been properly constructed, operated or maintained.
        (b)  Notice of outage.--Whenever an electric generating unit,
     determined by the commission to be a base load unit, is out of
     service for 45 consecutive days, any utility owning a share of
     that unit shall submit to the commission and the Office of
     Consumer Advocate a status report on that outage. The utility
     shall submit subsequent status reports on the outage to the
     commission and the Office of Consumer Advocate at least by the
     20th day of each subsequent month until the unit returns to
     service. If more than one utility owns a share in the electric
     generating unit, the commission may designate one utility to
     make the reports required by this subsection.
        (c)  Operation at less than reasonable level of generation.--
     Whenever the actual generation of an electric generating unit,
     determined by the commission to be a base load unit, is less
     than 50% of the unit's potential generation during any calendar
     year or other 12-month period specified by the commission, the
     commission, on its own motion or upon complaint, may initiate an
     investigation to determine a reasonable level of generation for
     that unit. In establishing rates as part of that investigation
     or in any subsequent proceeding, the commission shall not permit
     recovery of the excess energy costs incurred to generate or
     purchase replacement power occasioned by the failure of the unit
     to operate at or above such reasonable level of generation, if
     such failure is determined to be unreasonable or imprudent.
        (d)  Procedure.--In carrying out its powers and duties under
     this section, the commission may hold such hearings as it deems
     necessary. The utility shall have the burden of proof in any
     proceeding under this section.
        (e)  Other powers and duties preserved.--This section shall
     not be construed to diminish the powers and duties of the
     commission under any other provision of law to reduce rates in
     the event of an outage of an electric generating unit,
     regardless of the duration of that outage.
        (f)  Definition.--As used in this section the term "excess
     energy costs" means the additional costs incurred to purchase or
     generate replacement power minus the fuel costs which would have
     been incurred to generate an equivalent amount of power from the
     affected base load unit.
     (July 10, 1986, P.L.1238, No.114, eff. imd.)

        1986 Amendment.  Act 114 added section 1322.