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

     § 519.  Construction of electric generating units fueled by oil
                or natural gas.
        (a)  General rule.--Only upon the application of a public
     utility and the approval of the application by the commission
     shall it be lawful for the utility to begin the construction of
     an electric generating unit fueled by oil or natural gas.
        (b)  Review by commission.--Every application shall be made
     to the commission, in writing, and shall be in the form and
     contain the information the commission requires by its
     regulations. The commission shall approve an application if,
     after reasonable notice and hearing, the affected public utility
     proves, and the commission finds, any of the following:
            (1)  There are no reasonably available sites on which a
        unit or units of comparable capacity fueled by 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 could be operated in compliance with present and
        reasonably anticipated environmental laws and regulations.
            (2)  There is a strong probability that construction and
        subsequent operation of a unit or units of comparable
        capacity fueled by 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 would be more costly to
        ratepayers over the useful life of the nonoil or nongas unit
        or units than would construction and subsequent operation of
        the unit proposed by the utility.
        (c)  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.
        (d)  Time limit on commission review.--If the commission
     fails to approve or disapprove an application within six months
     after the date on which the application is filed, it shall be
     lawful for the affected utility to construct the proposed
     electric generating unit as though the commission had approved
     the application.
        (e)  Capacity determinations.--This section does not
     authorize the commission to review the affected public utility's
     determination that there is a need to construct a new electric
     generating unit of the capacity and by the in-service date
     proposed by the utility and does not supersede a decision by the
     commission under some other provision of law that there is, or
     was, not a need to construct a new electric generating unit of
     the capacity and by the in-service date proposed by the utility.
        (f)  Mixture with oil or natural gas.--For the 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.
     (Dec. 21, 1984, P.L.1240, No.234, eff. imd.; Dec. 21, 1984,
     P.L.1270, No.241, eff. 60 days)

        1984 Amendments.  Acts 234 and 241 added section 519. 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. (c), 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.