2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 5 - Powers and Duties
517 - Conversion of electric generating units fueled by oil or natural gas.

     § 517.  Conversion of electric generating units fueled by oil or
                natural gas.
        (a)  Order by commission.--Whenever the commission determines
     that conversion of an oil or a natural gas-fueled electric
     generating unit to coal, a synthetic derived in whole or in part
     from coal or a mixture which includes coal or is derived in
     whole or in part from coal is economically and technologically
     feasible, the commission shall issue an order to the affected
     public utility to show cause why the commission should not order
     the conversion of that unit. The commission shall subsequently
     issue an order requiring the conversion of that unit unless the
     affected public utility proves, and the commission finds, any of
     the following:
            (1)  Conversion of the unit is not technologically
        feasible.
            (2)  The unit, if converted, could not be operated in
        compliance with present and reasonably anticipated
        environmental laws and regulations.
            (3)  There is a strong probability that the conversion
        and subsequent operation of the converted unit would be more
        costly to ratepayers over the remaining useful life of the
        converted unit than would continued operation as an oil or a
        natural gas-fueled unit.
        (b)  Environmental questions.--The commission may certify, to
     the Department of Environmental Resources, any question
     regarding the applicability of environmental laws and
     regulations, when the question arises in a proceeding under this
     section, and may incorporate the department's findings in its
     decision.
        (c)  Mixture with oil or natural gas.--For purposes of this
     section, the phrase "mixture which includes coal or is derived
     in whole or in part from coal" includes, but is not limited to,
     both the intermittent and the simultaneous burning of oil or
     natural gas with coal or a coal derivative if the intermittent
     or simultaneous burning of oil or natural gas would:
            (1)  lower the cost, to the ratepayers, of using coal or
        a coal derivative; or
            (2)  enable coal or a coal derivative to be burned in
        compliance with present and reasonably anticipated
        environmental laws and regulations.
        (d)  Recovery of conversion costs.--Notwithstanding any other
     provision of this title, if the commission, acting pursuant to
     this section, issues an order requiring the conversion of an oil
     or a natural gas-fueled unit, the affected utility shall be
     permitted to recover all reasonable and prudent costs associated
     with the conversion even if the conversion or continued
     operation of the converted unit is ultimately prevented by
     factors beyond the utility's control. The affected utility shall
     be permitted to include in its rate base, or otherwise in its
     rates during construction, such reasonable and prudent costs of
     construction associated with the conversion.
        (e)  Availability of funds.--(Repealed).
     (Dec. 21, 1984, P.L.1240, No.234, eff. imd.; Dec. 21, 1984,
     P.L.1270, No.241, eff. imd.; July 3, 1986, P.L.348, No.80, eff.
     60 days; July 10, 1986, P.L.1238, No.114, eff. imd.)

        1986 Repeal Notes.  Act 80 repealed subsec. (e) and Act 114
     repealed subsec. (e).
        1984 Amendments.  Acts 234 and 241 added section 517. The
     amendments by Acts 234 and 241 are identical and therefore have
     been merged.
        References in Text.  The Department of Environmental
     Resources, referred to in subsec. (b), was abolished by Act 18
     of 1995. Its functions were transferred to the Department of
     Conservation and Natural Resources and the Department of
     Environmental Protection.