PRINTER'S NO. 3042
No. 2286 Session of 1998
INTRODUCED BY LLOYD, RAMOS, MANDERINO, C. WILLIAMS, BATTISTO,
BELARDI, DeLUCA, ORIE, DeWEESE, READSHAW, ROBINSON, STABACK,
TANGRETTI, E. Z. TAYLOR, TIGUE AND TRELLO, MARCH 11, 1998
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 11, 1998
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further providing for restructuring of
3 electric utility industry.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2806(a) and (b) of Title 66 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 2806. Implementation, pilot programs and performance-based
9 rates.
10 (a) General rule.--The generation of electricity shall no
11 longer be regulated as a public utility service or function
12 except as otherwise provided for in this chapter [at the
13 conclusion of a transition and phase-in period] beginning on
14 [the effective date of this chapter and ending, consistent with
15 the commission's discretion under this section,] January 1,
16 [2001] 1999. As of January 1, [2001] 1999, consistent with the
17 commission's discretion under this section, all customers of
18 electric distribution companies in this Commonwealth shall have
1 the opportunity to purchase electricity from their choice of
2 electric generation suppliers. The ultimate choice of the
3 electric generation supplier is to rest with the consumer.
4 (b) Schedule.--[Recognizing that approximately 5% of the
5 peak load will have retail access through pilot programs, the
6 following schedule for phased implementation of retail access
7 shall be adhered to unless a determination is made by the
8 commission under subsection (c):
9 (1) As of January 1, 1999, a maximum of 33% of the peak
10 load of each customer class shall have the opportunity for
11 direct access.
12 (2) As of January 1, 2000, a maximum of 66% of the peak
13 load of each customer class shall have the opportunity for
14 direct access.
15 (3) As of January 1, 2001,] As of January 1, 1999, all
16 customers of electric distribution companies in this
17 Commonwealth shall have the opportunity for direct access.
18 [(4)] The commission shall establish regulations
19 specifying that, within each customer class, the customers
20 that are eligible for direct access prior to full direct
21 access shall be determined on a first-come-first-served basis
22 unless otherwise determined by the commission through
23 regulation, in the context of restructuring plans, or in
24 other appropriate administrative proceedings, to prevent
25 competitive disadvantages among similarly situated customers
26 within a customer class.
27 * * *
28 Section 2. This act shall take effect immediately.
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