2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 5 - Powers and Duties
530 - Clean Air Act implementation plans.

     § 530.  Clean Air Act implementation plans.
        (a)  Phase I compliance.--On or before February 1, 1993, each
     public utility shall submit to the commission and may request
     commission approval of a plan to bring its generating units
     which use coal to generate electricity into compliance with the
     Phase I requirements of Title IV of the Clean Air Act (Public
     Law 95-95, 42 U.S.C. § 7651 et seq.).
        (b)  Phase II compliance.--On or before January 1, 1996, each
     public utility shall submit to the commission and may request
     commission approval of a plan to bring its generating units
     which use coal to generate electricity into compliance with the
     Phase II requirements of Title IV of the Clean Air Act.
        (c)  Notice of plan.--At the same time it submits its plan to
     the commission, the public utility shall provide a copy of the
     plan to the Department of Environmental Resources, the Consumer
     Advocate and the Small Business Advocate. For plans submitted
     after the effective date of this section, the commission shall
     cause notice of the utility's filing to be published in the
     Pennsylvania Bulletin. The public utility shall make available,
     upon request, a copy of the proposed plan to any coal supplier
     with which it has a supply contract for more than one year and
     to any collective bargaining representative for the coal
     supplier.
        (d)  Review by commission.--
            (1)  If the utility has requested commission approval of
        its plan, the commission shall review the proposed plan on an
        expedited basis to determine if the utility's proposed
        compliance plan submitted under this section is in the public
        interest.
            (2)  After notice and opportunity for a hearing, the
        commission shall approve or disapprove the compliance plan
        within nine months after the plan is filed, provided that
        approval may be in whole or in part and may be subject to
        such limitations and qualifications as may be deemed
        necessary and in the public interest. The commission's
        decision shall establish that the utility's costs of
        compliance are recoverable costs of service, provided the
        costs:
                (i)  are reasonable in amount and prudently incurred
            as determined in an appropriate rate or other proceeding;
            and
                (ii)  represent investment in flue gas
            desulfurization devices, clean coal technologies or
            similar facilities designed to maintain or promote the
            use of coal, including facilities which intermittently or
            simultaneously burn natural gas with coal.
            (3)  Costs established as recoverable under paragraph (2)
        shall qualify as nonrevenue-producing investment to improve
        environmental conditions under section 1315 (relating to
        limitation on consideration of certain costs for electric
        utilities), provided that any benefits to the utility
        generated by the sale of allowances under the Clean Air Act
        shall be flowed through to the utility's ratepayers.
            (4)  The utility shall not be required to refile its plan
        or to seek additional commission approvals concerning its
        plan unless the utility's plan is significantly amended or
        revised.
        (e)  Definition.--As used in this section, the term "Clean
     Air Act" means Public Law 95-95, 42 U.S.C. § 7401 et seq. and
     includes the Clean Air Act Amendments (Public Law 101-549, 104
     Stat. 2399) approved November 15, 1990.
     (Apr. 16, 1992, P.L.149, No.27, eff. 60 days)

        1992 Amendment.  Act 27 added section 530.
        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.