2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 5 - Powers and Duties
510 - Assessment for regulatory expenses upon public utilities.

     § 510.  Assessment for regulatory expenses upon public
                utilities.
        (a)  Determination of assessment.--Before November 1 of each
     year, the commission shall estimate its total expenditures in
     the administration of this part for the fiscal year beginning
     July of the following year, which estimate shall not exceed
     three-tenths of 1% of the total gross intrastate operating
     revenues of the public utilities under its jurisdiction for the
     preceding calendar year. Such estimate shall be submitted to the
     Governor in accordance with section 610 of the act of April 9,
     1929 (P.L.177, No.175), known as "The Administrative Code of
     1929." At the same time the commission submits its estimate to
     the Governor, the commission shall also submit that estimate to
     the General Assembly. The commission or its designated
     representatives shall be afforded an opportunity to appear
     before the Governor and the Senate and House Appropriations
     Committees regarding their estimates. The commission shall
     subtract from the final estimate:
            (1)  The estimated fees to be collected pursuant to
        section 317 (relating to fees for services rendered by
        commission) during such fiscal year.
            (2)  The estimated balance of the appropriation,
        specified in section 511 (relating to disposition,
        appropriation and disbursement of assessments and fees), to
        be carried over into such fiscal year from the preceding one.
     The remainder so determined, herein called the total assessment,
     shall be allocated to, and paid by, such public utilities in the
     manner prescribed. If the General Assembly fails to approve the
     commission's budget for the purposes of this part, by March 30,
     the commission shall assess public utilities on the basis of the
     last approved operating budget. At such time as the General
     Assembly approves the proposed budget the commission shall have
     the authority to make an adjustment in the assessments to
     reflect the approved budget. If, subsequent to the approval of
     the budget, the commission determines that a supplemental budget
     may be needed, the commission shall submit its request for that
     supplemental budget simultaneously to the Governor and the
     chairmen of the House and Senate Appropriations Committees.
        (b)  Allocation of assessment.--On or before March 31 of each
     year, every public utility shall file with the commission a
     statement under oath showing its gross intrastate operating
     revenues for the preceding calendar year. If any public utility
     shall fail to file such statement on or before March 31, the
     commission shall estimate such revenues, which estimate shall be
     binding upon the public utility for the purposes of this
     section. For each fiscal year, the allocation shall be made as
     follows:
            (1)  The commission shall determine for the preceding
        calendar year the amount of its expenditures directly
        attributable to the regulation of each group of utilities
        furnishing the same kind of service, and debit the amount so
        determined to such group. The commission may, for purposes of
        the assessment, deem utilities rendering water, sewer or
        water and sewer service, as defined in the definition of
        "public utility" in section 102 (relating to definitions), as
        a utility group.
            (2)  The commission shall also determine for the
        preceding calendar year the balance of its expenditures, not
        debited as aforesaid, and allocate such balance to each group
        in the proportion which the gross intrastate operating
        revenues of such group for that year bear to the gross
        intrastate operating revenues of all groups for that year.
            (3)  The commission shall then allocate the total
        assessment prescribed by subsection (a) to each group in the
        proportion which the sum of the debits made to it bears to
        the sum of the debits made to all groups.
            (4)  Each public utility within a group shall then be
        assessed for and shall pay to the commission such proportion
        of the amount allocated to its group as the gross intrastate
        operating revenues of the public utility for the preceding
        calendar year bear to the total gross intrastate operating
        revenues of its group for that year.
            (5)  (Repealed).
        (c)  Notice, hearing and payment.--The commission shall give
     notice by registered or certified mail to each public utility of
     the amount lawfully charged against it under the provisions of
     this section, which amount shall be paid by the public utility
     within 30 days of receipt of such notice, unless the commission
     specifies on the notices sent to all public utilities an
     installment plan of payment, in which case each public utility
     shall pay each installment on or before the date specified
     therefor by the commission. Within 15 days after receipt of such
     notice, the public utility against which such assessment has
     been made may file with the commission objections setting out in
     detail the grounds upon which the objector regards such
     assessment to be excessive, erroneous, unlawful or invalid. The
     commission, after notice to the objector, shall hold a hearing
     upon such objections. After such hearing, the commission shall
     record upon its minutes its findings on the objections and shall
     transmit to the objector, by registered or certified mail,
     notice of the amount, if any, charged against it in accordance
     with such findings, which amount or any installment thereof then
     due, shall be paid by the objector within ten days after receipt
     of notice of the findings of the commission with respect to such
     objections. If any payment prescribed by this subsection is not
     made as aforesaid, the commission may suspend or revoke
     certificates of public convenience, certify automobile
     registrations to the Department of Transportation for suspension
     or revocation or, through the Department of Justice, may
     institute an appropriate action at law for the amount lawfully
     assessed, together with any additional cost incurred by the
     commission or the Department of Justice by virtue of such
     failure to pay.
        (d)  Suits by public utilities.--No suit or proceeding shall
     be maintained in any court for the purpose of restraining or in
     anywise delaying the collection or payment of any assessment
     made under subsections (a), (b) and (c), but every public
     utility against which an assessment is made shall pay the same
     as provided in subsection (c). Any public utility making any
     such payment may, at any time within two years from the date of
     payment, sue the Commonwealth in an action at law to recover the
     amount paid, or any part thereof, upon the ground that the
     assessment was excessive, erroneous, unlawful, or invalid, in
     whole or in part, provided objections, as hereinbefore provided,
     were filed with the commission, and payment of the assessment
     was made under protest either as to all or part thereof. In any
     action for recovery of any payments made under this section, the
     claimant shall be entitled to raise every relevant issue of law,
     but the findings of fact made by the commission, pursuant to
     this section, shall be prima facie evidence of the facts therein
     stated. Any records, books, data, documents, and memoranda
     relating to the expenses of the commission shall be admissible
     in evidence in any court and shall be prima facie evidence of
     the truth of their contents. If it is finally determined in any
     such action that all or any part of the assessment for which
     payment was made under protest was excessive, erroneous,
     unlawful, or invalid, the commission shall make a refund to the
     claimant out of the appropriation specified in section 511 as
     directed by the court.
        (e)  Certain provisions not applicable.--The provisions of
     this part relating to the judicial review of orders and
     determinations of the commission shall not be applicable to any
     findings, determinations, or assessments made under this
     section. The procedure in this section providing for the
     determination of the lawfulness of assessments and the recovery
     back of payments made pursuant to such assessment shall be
     exclusive of all other remedies and procedures.
        (f)  Intent of section.--It is the intent and purpose of this
     section that each public utility subject to this part shall
     advance to the commission its reasonable share of the cost of
     administering this part. The commission shall keep records of
     the costs incurred in connection with the administration and
     enforcement of this part or any other statute. The commission
     shall also keep a record of the manner in which it shall have
     computed the amount assessed against every public utility. Such
     records shall be open to inspection by all interested parties.
     The determination of such costs and assessments by the
     commission, and the records and data upon which the same are
     made, shall be considered prima facie correct; and in any
     proceeding instituted to challenge the reasonableness or
     correctness of any assessment under this section, the party
     challenging the same shall have the burden of proof.
        (g)  Saving provision.--This section does not affect or
     repeal any of the provisions of the act of July 31, 1968
     (P.L.769, No.240), known as the "Commonwealth Documents Law."
     (Dec. 18, 1980, P.L.1247, No.226, eff. imd.; July 10, 1986,
     P.L.1238, No.114, eff. imd.; Apr. 4, 1990, P.L.93, No.21, eff.
     90 days; June 22, 1990, P.L.241, No.56, eff. 60 days; Dec. 30,
     2002, P.L.2001, No.230, eff. 60 days; July 16, 2004, P.L.758,
     No.94)

        2004 Repeal Note.  Act 94 repealed subsec. (b)(5). Section 25
     of Act 94 provided that the repeal of subsec. (b)(5) shall take
     effect in 270 days or on the date of publication of the notice
     under section 24 of Act 94. The notice was published in the
     Pennsylvania Bulletin March 12, 2005, at 35 Pa.B. 1737. See
     sections 20(5), 21(5) and 24 of Act 94 in the appendix to this
     title for special provisions relating to Pennsylvania Public
     Utility Commission contracts, preservation of rights,
     obligations, duties and remedies and publication in Pennsylvania
     Bulletin.
        1990 Amendments.  Act 21 amended subsec. (b) and Act 56
     amended subsec. (b)(1).
        1986 Amendment.  Act 114 amended subsec. (a).
        Cross References.  Section 510 is referred to in sections
     2212, 2406 of this title.