2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 22 - Natural Gas Competition
2202 - Definitions.

     § 2202.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Consumer protection."  The standards, practices and service
     protections for retail gas customers, including those provided
     for in 52 Pa. Code Ch. 56 (relating to standards and billing
     practices for residential utility service), as well as
     applicable Federal and State debt/credit collection statutes and
     any regulations or orders of the commission that provide such
     protections, as may be modified by the commission from time to
     time.
        "Entity."  A person or corporation as defined in section 102
     (relating to definitions), including, for purposes of this
     chapter, a city natural gas distribution operation.
        "Local commission."  The local body or agency designated
     under applicable law as responsible for setting the rates and
     charges of a city natural gas distribution operation immediately
     prior to the date the commission assumes jurisdiction over the
     city natural gas distribution operation.
        "Natural gas distribution company."  A public utility or city
     natural gas distribution operation that provides natural gas
     distribution services and which may provide natural gas supply
     services and other services. For purposes of this chapter, this
     term does not include:
            (1)  any public utility subject to the jurisdiction of
        the commission which has annual gas operating revenues of
        less than $6,000,000 per year, except where the public
        utility voluntarily petitions the commission to be included
        within this definition or where the public utility seeks to
        provide natural gas supply services to retail gas customers
        outside its service territory; or
            (2)  any natural gas public utility subject to the
        jurisdiction of the commission that is not interconnected to
        an interstate gas pipeline by means of a direct connection or
        an indirect connection through the distribution system of
        another natural gas public utility or through a natural gas
        gathering system.
        "Natural gas distribution service."  The delivery of natural
     gas to retail gas customers utilizing the jurisdictional
     facilities of the natural gas distribution company.
        "Natural gas supplier."  An entity other than a natural gas
     distribution company, but including natural gas distribution
     company marketing affiliates, which provides natural gas supply
     services to retail gas customers utilizing the jurisdictional
     facilities of a natural gas distribution company. The term
     includes a natural gas distribution company that provides
     natural gas supply services outside its certificated service
     territories. The term includes a municipal corporation, its
     affiliates or any joint venture, to the extent that it chooses
     to provide natural gas supply services to retail customers
     located outside of its corporate or municipal limits, as
     applicable, other than:
            (1)  as provided prior to the effective date of this
        chapter, pursuant to a certificate of public convenience if
        required under this title;
            (2)  total natural gas supply services in de minimis
        amounts;
            (3)  natural gas supply services requested by or provided
        with the consent of the public utility in whose certificated
        territory the services are provided; or
            (4)  natural gas supply services provided to the
        municipal corporation itself or its tenants on land it owns
        or leases, or is subject to an agreement of sale or pending
        condemnation, as of September 1, 1999, to the extent
        permitted by applicable law independent of this chapter.
     The term excludes an entity to the extent that it provides free
     gas to end-users under the terms of an oil or gas lease.
     Notwithstanding any other provision of this title, a natural gas
     supplier that is not a natural gas distribution company is not a
     public utility as defined in section 102 (relating to
     definitions) to the extent that the natural gas supplier is
     utilizing the jurisdictional distribution facilities of a
     natural gas distribution company or is providing other services
     authorized by the commission.
        "Natural gas supply services."
            (1)  The term includes:
                (i)  the sale or arrangement of the sale of natural
            gas to retail gas customers; and
                (ii)  services that may be unbundled by the
            commission under section 2203(3) (relating to standards
            for restructuring of natural gas utility industry).
            (2)  The term does not include distribution service.
        "Reliability."  The term comprises adequacy and security. The
     term "adequacy" means the provision of sufficient volumes and
     deliverability of natural gas so as to supply the requirements
     of retail gas customers, taking into account peak and seasonal
     demands, as well as isolated market areas and system operation
     contingencies. The term "security" means designing, maintaining
     and operating a system so that it can safely handle extreme
     conditions as well as emergencies.
        "Retail gas customer."  A direct purchaser of natural gas
     supply services or natural gas distribution services, other than
     a natural gas supplier. The term excludes an occupant of a
     building or facility where the owner/operators manage the
     internal distribution system serving such building or facility
     and supply natural gas and other related services to occupants
     of the building or facility; where such owner/operators are
     direct purchasers of natural gas supply service; and where the
     occupants are not direct purchasers.
        "Universal service and energy conservation."  Policies,
     practices and services that help residential low-income retail
     gas customers and other residential retail gas customers
     experiencing temporary emergencies, as defined by the
     commission, to maintain natural gas supply and distribution
     services. The term includes retail gas customer assistance
     programs, termination of service protections and consumer
     protection policies and services that help residential low-
     income customers and other residential customers experiencing
     temporary emergencies to reduce or manage energy consumption in
     a cost-effective manner, such as the low-income usage reduction
     programs and consumer education.

        Cross References.  Section 2202 is referred to in sections
     1307, 1317, 1318, 1403 of this title.

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