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Articles by Jonathan Nase
PA PUC Votes 3-2 To Regulate Landlords As Gas Pipeline Operators
In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC enforcement practice and asserted jurisdiction over Pennsylvania landlords as gas pipeline operators if they have behind-the-meter gas distribution systems on their properties.
PA PUC Votes 3-2 to Regulate Landlords as Gas Pipeline Operators | JD Supra
In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC enforcement practice and asserted jurisdiction over Pennsylvania landlords as gas pipeline operators if they have behind-the-meter gas distribution systems on their properties.
PA PUC Votes 3-2 to Regulate Landlords as Gas Pipeline Operators [Alert]
In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC enforcement practice and asserted jurisdiction over Pennsylvania landlords as gas pipeline operators if they have behind-the-meter gas distribution systems on their properties.
Commonwealth Court Of Pennsylvania Reverses The PUC And Upholds Certain Municipal Permitting Fees - Utilities - United States
In February 2021, the Pennsylvania Public Utility Commission (PUC) issued a declaratory order finding that a utility did not need to pay certain municipal permitting fees because those fees were preempted by the Pennsylvania Public Utility Code (Code).1 The Commonwealth Court of Pennsylvania (Commonwealth Court) reversed that decision in April 2022.2 The key to the Commonwealth Court's analysis was that the permitting fees were permissible because they do not "constitute utility regulation."...
Commonwealth Court of Pennsylvania Reverses the PUC and Upholds Certain Municipal Permitting Fees | JD Supra
In February 2021, the Pennsylvania Public Utility Commission (PUC) issued a declaratory order finding that a utility did not need to pay certain municipal permitting fees because those fees were preempted by the Pennsylvania Public Utility Code (Code).1 The Commonwealth Court of Pennsylvania (Commonwealth Court) reversed that decision in April 2022.2 The key to the Commonwealth Court’s analysis was that the permitting fees were permissible because they do not “constitute utility regulation.”...
What's At Stake When The Supreme Court Of Pennsylvania Takes On Smart Meters? Issues And Impacts - Energy and Natural Resources - United States
United States: What's At Stake When The Supreme Court Of Pennsylvania Takes On Smart Meters? Issues And Impacts 22 November 2021 Cozen O'Connor To print this article, all you need is to be registered or login on Mondaq.com. At its December 2021 Oral Argument Session, the Supreme Court of Pennsylvania will hear arguments in three consolidated cases involving the installation of smart meters by electric utilities.
What’s at Stake When the Supreme Court of Pennsylvania Takes on Smart Meters? Issues and Impacts | JD Supra
At its December 2021 Oral Argument Session, the Supreme Court of Pennsylvania will hear arguments in three consolidated cases involving the installation of smart meters by electric utilities. A smart meter is part of a network that includes a meter, two-way communication, computer hardware and software, and trained support personnel.
Does Your Purchase/Sale of a Business Include a Public Utility? | JD Supra
The buyer of a business obviously must do its due diligence. Part of this due diligence is identifying any permits, licenses, or certificates that must be transferred to the buyer (or otherwise obtained by the buyer) at or before closing.
Continuing the “Return to Normalcy” at the Pennsylvania Public Utility Commission | JD Supra
The Pennsylvania Public Utility Commission (PUC), like many other public and private organizations, is gradually returning to pre-pandemic procedures.
Pennsylvania Public Utility Commission Further Defines Qualifying Alternative Energy Sources
United States: Pennsylvania Public Utility Commission Further Defines Qualifying Alternative Energy Sources 19 July 2021 by Jonathan Nase (New York) Cozen O'Connor To print this article, all you need is to be registered or login on Mondaq.com.
Pennsylvania Public Utility Commission Further Defines Qualifying Alternative Energy Sources | JD Supra
Pennsylvania’s Alternative Energy Portfolio Standards Act (AEPS Act)1 requires that a certain percentage of the electric energy that electric distribution companies (EDCs) and electric generation suppliers (EGSs) sell to retail customers be derived from qualifying alternative energy sources.
Pennsylvania Public Utility Commission Enters a New Phase in Responding to the COVID-19 Pandemic | JD Supra
On March 11, 2021, the Pennsylvania Public Utility Commission voted to take additional steps toward returning to pre-COVID-19 pandemic procedures for collecting amounts due for public utility service in Pennsylvania.2 As of April 1, 2021, existing commission-ordered restrictions on service terminations will be lifted in favor of modified rules for payment arrangements that allow customers to pay their arrearages over extended periods.
Pennsylvania Public Utility Commission Rules Two Municipal Permitting Fees Are Preempted by State Law | JD Supra
The Pennsylvania Public Utility Code (Code) gives the Pennsylvania Public Utility Commission (PUC) extensive authority to regulate public utilities in Pennsylvania. The Supreme Court of Pennsylvania has held that the General Assembly intended that the Code would create a uniform, statewide regulatory scheme.1 To avoid overlaying this statewide scheme with a crazy quilt of local regulations, municipalities are generally preempted from regulating public utilities.
Phase 2 of the Moratorium on Utility Shut-offs in Pennsylvania Extended | JD Supra
On February 19, 2021, Pennsylvania Governor Tom Wolf signed the fourth 90-day renewal of his Proclamation of Disaster Declaration for the COVID-19 Pandemic. Significantly for Pennsylvania public utilities, this action had the effect of extending Phase 2 of the moratorium on terminations of public utility service, as ordered by the Pennsylvania Public Utility Commission (PUC).1 BACKGROUND The governor originally issued his proclamation on March 6, 2020.
Regulating Troubled or Failing Monopolies: Ordering One Public Utility to Acquire Another | JD Supra
One of the traditional reasons for government intervention in the marketplace is market failure. A classic example of a market failure is a natural monopoly such as a public utility. Most economists agree that government should regulate such monopolies rather than allowing competition for such services as public water and sewer.
What is This? The Importance of Procedure in Pennsylvania Public Utility Commission Proceedings | JD Supra
John Wooden, the legendary basketball coach at UCLA, said, “It’s the little details that are vital. Little things make big things happen.” That’s as true in the practice of law as it is in sports. Little things, like an appreciation of the importance of procedure, make big things happen. The analysis to be applied to a filing frequently depends on the nature of the filing.
Pennsylvania Public Utility Commission Enters Phase 2 of the Moratorium on Utility Shut-Offs | JD Supra
In March, 2020, the Pennsylvania Public Utility Commission (PUC) unanimously issued an emergency order that generally prohibited Pennsylvania electric, natural gas, water, wastewater, telecommunications, and steam utilities (the affected utilities) from terminating customers’ service during the COVID-19 Pandemic Emergency. The PUC failed to incorporate an “ability to pay” test in implementing the service termination moratorium.
The Saga Continues: Pennsylvania PUC Delays Action on Terminating the Moratorium on Utility Shut-offs | JD Supra
In March 2020, the Pennsylvania Public Utility Commission (PUC) issued an emergency order that prohibits Pennsylvania electric, natural gas, water, wastewater, telecommunications, and steam utilities from terminating customers’ service during the COVID-19 pandemic emergency, declared by Governor Tom Wolf earlier in March.
The DAS Networks Fault Line: A Coming Earthquake in Pennsylvania Administrative Law? | JD Supra
On July 21, 2020, a unanimous Supreme Court of Pennsylvania issued its decision in Crown Castle NG East LLC and Pennsylvania-CLE LLC v. Pennsylvania Public Utility Commission, 2 MAP 2019 (July 21, 2020). Reversing the Pennsylvania Public Utility Commission (PUC), the court held that Distributed Antenna System (DAS) networks are public utilities. The case may be most significant, however, because of Justice David N.
In Party-Line Vote, the Pennsylvania PUC Continues the Moratorium on Utility Terminations | JD Supra
On Thursday, June 18, 2020, the Pennsylvania Public Utility Commission (PUC) voted 2-2 to maintain the PUC’s moratorium on utility terminations while Governor Tom Wolf’s Proclamation of Disaster Emergency (the proclamation) remains in effect.1 The vote came on a motion by Commissioner John F. Coleman, Jr., who was supported by the other Republican on the commission, Ralph V. Yanora. Chairman Gladys Brown Dutrieuille and Vice Chairman David W. Sweet (both Democrats) voted against the motion.
Several Pennsylvania PUC Regulations Concerning Net Metering Ruled Invalid and Unenforceable | JD Supra
On May 12, 2020, a three-judge panel of the Commonwealth Court of Pennsylvania ruled that certain net metering regulations of the Pennsylvania Public Utility Commission (PUC) are invalid and unenforceable. These regulations help implement the Alternative Energy Portfolio Standards Act (AEPS Act), which encourages the use of electricity generated by renewable and environmentally beneficial sources such as wind power, solar electric energy, and biomass energy. David N. Hommrich v. Comm., Pa. Pub. Util.
COVID-19 Emergency Mandates on Utility Construction Activities and Supplies | JD Supra
The COVID-19 (coronavirus) pandemic has led governors and state emergency management officials to impose very stringent mandates on construction-related activities and supply inventories of utilities — even though such utilities are providing essential public services.
Receivers of Public Utilities in Pennsylvania: The Need for Legislation or Regulations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Democrat-Controlled PA PUC Touts Trump Tax Savings to Ratepayers, Denies Infrastructure Reinvestment | JD Supra
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Duquesne Light Proposes 220 Percent Rate Increase for Backup Service Days Before PA PUC Acts to Promote CHP | JD Supra
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PA PUC Requests Input on Proposal Regarding Fully Projected Future Test Years in Rate Cases
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PA Legislation Transfers “One Call” Enforcement Responsibilities to PUC
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PA PUC Approves PA-American Water’s Fair Market Value Acquisition of McKeesport Wastewater System
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