2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 28 - Restructuring of Electric Utility Industry
2805 - Regionalism and reciprocity.

     § 2805.  Regionalism and reciprocity.
        (a)  Other states.--The commission shall take all necessary
     and appropriate steps to encourage interstate power pools to
     enhance competition and to complement industry restructuring on
     a regional basis. The Commonwealth, the commission and
     Pennsylvania electric utilities shall work with the Federal
     Government, other states in the region and interstate power
     pools to accomplish the goals of restructuring and to establish
     independent system operators or their functional equivalents to
     operate the transmission system and interstate power pools. The
     commission, Pennsylvania electric utilities and all electricity
     suppliers shall work with the Federal Government, other states
     in the region, the North American Electric Reliability Council
     and its regional coordinating councils or their successors,
     interstate power pools, and with the independent system operator
     or its functional equivalent to ensure the continued provision
     of adequate, safe and reliable electric service to the citizens
     and businesses of this Commonwealth.
        (b)  Electric cooperatives, municipalities and other electric
     generation suppliers.--
            (1)  In order to make the benefits of competition in the
        generation and sale of electricity as widely available as
        possible to retail customers and to provide open, fair and
        nondiscriminatory access to all electric generation
        suppliers:
                (i)  Consistent with 15 Pa.C.S. Ch. 74 (relating to
            generation choice for customers of electric
            cooperatives), no electric cooperative or municipality
            which distributes electricity to end-use customers may
            utilize the transmission or distribution system of an
            electric utility regulated by the commission for the
            purpose of supplying electricity to an end-use customer
            unless the electric cooperative or municipality provides
            open and nondiscriminatory access and allows other
            electric generation suppliers to utilize its facilities,
            including any facilities it is entitled to provide to
            third parties pursuant to contract, to make sales to the
            end-use customers it serves. A borough may prohibit
            electric generation suppliers from serving end-use
            customers within its borough limits; however, such a
            borough shall be prohibited from providing generation
            service to end-use customers outside of its borough
            limits which it did not serve prior to the effective date
            of this chapter.
                (ii)  The commission shall require any electric
            cooperative seeking a certificate under 15 Pa.C.S. Ch. 74
            to provide open and nondiscriminatory access to its
            transmission and distribution facilities as a condition
            to the granting of the certificate.
                (iii)  The reliability of the transmission service
            provided to electric cooperative corporations must be
            comparable to the reliability which the transmission
            supplier provides at the wholesale level.
            (2)  No electric utility regulated by the commission and
        no affiliate of such electric utility may use the
        distribution system of another electric utility regulated by
        the commission or make sales to end-use customers in another
        electric utility's service territory unless the commission
        has approved a restructuring plan for the supplying electric
        utility which provides for direct access comparable to the
        direct access provided under the approved plan of the
        electric utility operating the distribution system in the
        location where the supplying electric utility seeks to sell
        electricity to an end-use customer. No electric utility
        regulated by the commission and no affiliate of such electric
        utility may use the distribution system of an electric
        cooperative corporation or make sales to end-use customers in
        the territory of an electric cooperative corporation unless
        the commission has approved a restructuring plan for the
        supplying electric utility.