66 Pa.C.S. § 16
This is the official text of 66 Pa.C.S. § 16, part of Pennsylvania’s Pa.C.S — part of the compiled statutory law of Pennsylvania, published by the state as "Pa.C.S." Browse the sections below, each linked to its official government source.
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Applicability to confirmation of commission members.
Official statutory text
As much of the amendment to 66 Pa.C.S. § 301(a) as relates to the advice and consent of a majority of all the members of the Senate shall apply on and after the third Tuesday of January 1987. 1996, JULY 2, P.L.542, NO.94 Preamble The General Assembly makes the following findings:
(1) Electric public utilities in Pennsylvania have entered into contracts with various nonutility project developers for the purchase of electric capacity or energy, or both, from nonutility projects, some of which are in operation and some of which have not yet been completed. Some of these contracts have been entered into voluntarily by such utilities. Others have been entered into pursuant to orders of the Pennsylvania Public Utility Commission. Such contracts were predicated, in each case, on avoiding the estimated costs the utility would have incurred but for the nonutility project. The utilities' payments under such contracts are and should continue to be recoverable from customers, as well as the utilities' payments pursuant to other arrangements which are negotiated, as provided for herein.
(2) Some nonutility generation projects have provided benefits to utilities, consumers and the economy.
(3) Some of the existing contracts for nonutility projects not yet completed may no longer be needed or justified based on present cost estimates. This is due to unanticipated and unforeseeable changes in economic factors as a result of which either the utility no longer needs the contract's electric capacity or energy or there are less expensive alternatives by which the utility could obtain such needed electric capacity or energy.
(4) From time to time it may be in the mutual interest of a nonutility project developer, or owner of an operating nonutility project, and a public utility to voluntarily negotiate reasonable arrangements to buy down, buy out and terminate or otherwise restructure existing contracts.
(5) Negotiated arrangements to buy down, buy out and terminate or otherwise restructure contracts with operating nonutility projects and contracts for unfinished projects may be in the public interest.
(6) The costs prudently incurred by utilities under a buyout, buydown or other restructuring arrangement should be recoverable from customers. Explanatory Note. Act 94 amended section 527 of Title 66.
(1) Electric public utilities in Pennsylvania have entered into contracts with various nonutility project developers for the purchase of electric capacity or energy, or both, from nonutility projects, some of which are in operation and some of which have not yet been completed. Some of these contracts have been entered into voluntarily by such utilities. Others have been entered into pursuant to orders of the Pennsylvania Public Utility Commission. Such contracts were predicated, in each case, on avoiding the estimated costs the utility would have incurred but for the nonutility project. The utilities' payments under such contracts are and should continue to be recoverable from customers, as well as the utilities' payments pursuant to other arrangements which are negotiated, as provided for herein.
(2) Some nonutility generation projects have provided benefits to utilities, consumers and the economy.
(3) Some of the existing contracts for nonutility projects not yet completed may no longer be needed or justified based on present cost estimates. This is due to unanticipated and unforeseeable changes in economic factors as a result of which either the utility no longer needs the contract's electric capacity or energy or there are less expensive alternatives by which the utility could obtain such needed electric capacity or energy.
(4) From time to time it may be in the mutual interest of a nonutility project developer, or owner of an operating nonutility project, and a public utility to voluntarily negotiate reasonable arrangements to buy down, buy out and terminate or otherwise restructure existing contracts.
(5) Negotiated arrangements to buy down, buy out and terminate or otherwise restructure contracts with operating nonutility projects and contracts for unfinished projects may be in the public interest.
(6) The costs prudently incurred by utilities under a buyout, buydown or other restructuring arrangement should be recoverable from customers. Explanatory Note. Act 94 amended section 527 of Title 66.
Status: in_force · Read it on the official government site
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