(i) As provided in this subchapter, each
jurisdictional Class A utility shall file with the Commission a Petition for
Approval of its Capacity Resource Plan (petition). The petition shall be based
on each utility's then-current Annual Resource Planning Report (ARPR), filed
under §
57.141 (relating to general). The
petition shall contain the following information based upon the ARPR:
(A) The types, amounts and timing of capacity
resources, which include associated energy, that the utility plans to construct
or own, or both, in whole or in part, or which the utility plans to purchase
from unaffiliated or affiliated utilities, independent power producers, exempt
wholesale generators, qualifying facilities, marketers, brokers or other
entities.
(B) The proposed
analytical method for determining the timing, amount and duration of capacity
resources, if any, that the electric utility would purchase from unaffiliated
or affiliated utilities, independent power producers, exempt wholesale
generators, qualifying facilities, marketers, brokers or other entities over an
appropriate planning period, and the amount of capacity resources, if any, that
the electric utility should construct or own, or both, itself.
(C) The amount, type, timing, duration,
ownership and configuration of capacity resources needed over an appropriate
planning period calculated in accordance with the methodology provided in
compliance with §
57.150 (relating to evaluation and
integration of resources).
(D) The
type of information provided in compliance with §
57.150 for generation supply shall
also be provided in regard to the utility's plans to procure and implement
demand-side management programs.
(E) Other data and information requested by
the Commission to assist it in its ruling on the utility's petition.
(ii) The Commission will provide
notice of the filing of a petition to be published in the
Pennsylvania
Bulletin within 30 days after the petition is filed. The notice must
contain sufficient information to advise the utility's customers, the entities
referenced in subparagraph (i), and other interested parties of the utility's
overall capacity resource needs and the operation of the utility's competitive
selection process. The notice will provide the interested parties with the
opportunity to participate in a formal Commission proceeding concerning the
petition.
(iii) Within 30 days of
the filing of a petition, the utility shall provide further notice, including
publication in newspapers of general circulation, media advertising, customer
bill inserts or other notice as the Commission reasonably believes to be
required to notify the utility's customers and interested parties of the
proceeding concerning the utility's petition.
(iv) Within 60 days after the petition is
filed, the Commission will assign the petition to the Office of Administrative
Law Judge for hearings and the issuance of a recommended decision. The
Commission will adopt a final order on the petition within 210 days after the
petition is filed. If the Commission does not enter a final order concerning
the petition within that time, the petition shall become effective as filed,
requiring no further action by the Commission or the electric
utility.
(v) A Commission order on
a petition will contain findings concerning the following:
(A) The method or approach to be used by the
electric utility to establish the amount of its capacity resource needs to be
filled by its own facilities or the facilities of unaffiliated or affiliated
utilities, independent power producers, exempt wholesale generators, qualifying
facilities, marketers, brokers or other entities over an appropriate planning
period.
(B) The appropriate
planning period for evaluating capacity resource needs, avoided costs and the
utility's actual commitment to capacity resources.
(C) The electric utility's appropriate
interconnection requirements, including physical inspection and testing
requirements, cost and payment procedures, reconciliation of actual costs to
estimates and the like
(D) The
appropriate allocation of costs for system upgrades among affected unaffiliated
or affiliated utilities, independent power producers, exempt wholesale
generators, qualifying facilities, marketers, brokers or other
entities.
(E) The timing, type and
amount of DSM programs the utility will procure and implement.
(F) The utility's methodology for evaluating
DSM programs.
(G) The utility's
proposed dispute resolution process designed to resolve in an efficient and
expeditious manner disputes associated with the competitive bidding
process.
(H) Other findings that
the Commission deems reasonable and appropriate relating to the
petition.
(vi) When a
utility's capacity resource plan, approved by Commission order under this
paragraph becomes outdated or fully implemented, or becomes inappropriate for
any reason, the utility shall file a new petition with the Commission
consistent with this paragraph. This filing shall not affect any contract
submitted under paragraph (7).