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.