2802 - Declaration of policy.

     § 2802.  Declaration of policy.        The General Assembly finds and declares as follows:            (1)  Over the past 20 years, the Federal Government and        State government have introduced competition in several        industries that previously had been regulated as natural        monopolies.            (2)  Many state governments are implementing or studying        policies that would create a competitive market for the        generation of electricity.            (3)  Because of advances in electric generation        technology and Federal initiatives to encourage greater        competition in the wholesale electric market, it is now in        the public interest to permit retail customers to obtain        direct access to a competitive generation market as long as        safe and affordable transmission and distribution service is        available at levels of reliability that are currently enjoyed        by the citizens and businesses of this Commonwealth.            (4)  Rates for electricity in this Commonwealth are on        average higher than the national average, and significant        differences exist among the rates of Pennsylvania electric        utilities.            (5)  Competitive market forces are more effective than        economic regulation in controlling the cost of generating        electricity.            (6)  The cost of electricity is an important factor in        decisions made by businesses concerning locating, expanding        and retaining facilities in this Commonwealth.            (7)  This Commonwealth must begin the transition from        regulation to greater competition in the electricity        generation market to benefit all classes of customers and to        protect this Commonwealth's ability to compete in the        national and international marketplace for industry and jobs.            (8)  In moving toward greater competition in the        electricity generation market, the Commonwealth must resolve        certain transitional issues in a manner that is fair to        customers, electric utilities, investors, the employees of        electric utilities, local communities, nonutility generators        of electricity and other affected parties.            (9)  Electric service is essential to the health and        well-being of residents, to public safety and to orderly        economic development, and electric service should be        available to all customers on reasonable terms and        conditions.            (10)  The Commonwealth must, at a minimum, continue the        protections, policies and services that now assist customers        who are low-income to afford electric service.            (11)  In order to ensure the safety and reliability of        the electric system, ensure the continued provision of high-        quality customer service and avoid economic dislocation,        utilities shall consider the experience and expertise of        their work force in moving towards competition.            (12)  The purpose of this chapter is to modify existing        legislation and regulations and to establish standards and        procedures in order to create direct access by retail        customers to the competitive market for the generation of        electricity while maintaining the safety and reliability of        the electric system for all parties. Reliable electric        service is of the utmost importance to the health, safety and        welfare of the citizens of the Commonwealth. Electric        industry restructuring should ensure the reliability of the        interconnected electric system by maintaining the efficiency        of the transmission and distribution system.            (13)  Under current law and regulation there exists some        competition in the wholesale market for the generation of        electricity, but the generation, transmission, distribution        and retail sale of electricity is provided generally by        public utilities under bundled rates regulated by the        commission. The procedures established under this chapter        provide for a fair and orderly transition from the current        regulated structure to a structure under which retail        customers will have direct access to a competitive market for        the generation and sale or purchase of electricity.            (14)  This chapter requires electric utilities to        unbundle their rates and services and to provide open access        over their transmission and distribution systems to allow        competitive suppliers to generate and sell electricity        directly to consumers in this Commonwealth. The generation of        electricity will no longer be regulated as a public utility        function except as otherwise provided for in this chapter.        Electric generation suppliers will be required to obtain        licenses, demonstrate financial responsibility and comply        with such other requirements concerning service as the        commission deems necessary for the protection of the public.            (15)  In establishing the standards for the transition to        and creation of a competitive electric market, heretofore,        public utilities generally have had an obligation to serve        customers within their defined service territories;        consistent with that obligation, have undertaken long-term        investments in generation, transmission and distribution        facilities in order to meet the needs of their customers; and        have entered into long-term power supply agreements as        required by Federal law. In many instances, these investments        and agreements have created costs which may not be        recoverable in a competitive market. The commission is        empowered under this chapter to determine the level of        transition or stranded costs for each electric utility and to        provide a mechanism, the competitive transition charge, for        recovery of an appropriate amount of such costs in accordance        with the standards established in this chapter.            (16)  It is in the public interest for the transmission        and distribution of electricity to continue to be regulated        as a natural monopoly subject to the jurisdiction and active        supervision of the commission. Electric distribution        companies should continue to be the provider of last resort        in order to ensure the availability of universal electric        service in this Commonwealth unless another provider of last        resort is approved by the commission.            (17)  There are certain public purpose costs, including        programs for low-income assistance, energy conservation and        others, which have been implemented and supported by public        utilities' bundled rates. The public purpose is to be        promoted by continuing universal service and energy        conservation policies, protections and services, and full        recovery of such costs is to be permitted through a        nonbypassable rate mechanism.            (18)  There are certain changes to a utility which will        create transition costs to accomplish the move to a        competitive market. These changes may entail the closure of        facilities or reduction in employee levels. If such actions        are to be undertaken, the utility must fully inform the        commission of the impact of such decisions on local        communities and on social services and of any tax        implications of the actions. The utility is expected to        discuss the transition to competition with its employees or        their certified representatives and may provide severance,        retraining, early retirement and outplacement services. Such        transition costs may be recoverable under the competitive        transition charge in section 2808 (relating to competitive        transition charge).            (19)  All participants in the restructured electric        industry are encouraged to coordinate their plans and        transactions through an independent system operator or its        functional equivalent.            (20)  Since continuing and ensuring the reliability of        electric service depends on adequate generation and on        conscientious inspection and maintenance of transmission and        distribution systems, the independent system operator or its        functional equivalent should set, and the commission shall        set through regulations, inspection, maintenance, repair and        replacement standards and enforce those standards.            (21)  Under Federal and State clean air laws and        regulations, electricity generators located in states to the        west and south of this Commonwealth are not subject to        requirements as stringent as those which apply to generators        and other "persons" as defined in section 3 of the act of        January 8, 1960 (1959 P.L.2119, No.787), known as the Air        Pollution Control Act, operating in this Commonwealth and        that different regions within this Commonwealth are subject        to varying air emission requirements. Under some scenarios,        competition among electricity generators located in different        states and different regions within this Commonwealth could        make it more difficult for areas in this Commonwealth to        demonstrate attainment with Federal and State air quality        standards. Since this result may be caused by the disparate        requirements imposed by Federal and State law on generators        and other "persons" as defined in section 3 of the Air        Pollution Control Act in this Commonwealth and generators        located in other states, the General Assembly supports        changes to Federal clean air laws and regulations that will        protect Pennsylvania's environment and ensure that        electricity generators and other "persons" as defined in        section 3 of the Air Pollution Control Act located in this        Commonwealth are not placed at an undue competitive        disadvantage. The commission will consult with the Department        of Environmental Protection regarding this issue during the        transition to retail competition.        Cross References.  Section 2802 is referred to in section     2806 of this title.