When the utility embarks on a major construction project, the utility must be knowledgeable about the building standards. We supported this legislation to implement a distribution system improvement charge (DSIC) based on our belief that gas utilities need to initiate infrastructure replacement programs. Normally, a homeowner would have to contract with an Operator Qualified plumber to extend the house line outside to the meter. State and federal gas safety regulations require gas utilities to perform leak surveys over service lines periodically; however, several of the utilities reported that they could not comply with the leak survey requirements when the meter and regulator are inside a building which prevents access. PGW concludes that the regulations should be modified so that inside meter sets connected to certain service lines are excluded from the relocation requirement. We do not agree with the alternative proposed by the gas utilities that meters may be located inside within a building if an excess flow valve is installed at the service line tap and the service line pressure is equal to or greater than 10 psig. However, the utility will continue to retain discretion in applying this regulation. 6. See 49 U.S.C. UGI contends that when service lines are replaced at the time of main replacement the costs of permitting fees and repaving costs can be shared, only one service line tie-in to the main has to be performed, only one excavation has to be performed, only one restoration project has to be performed, and work crews and equipment do not need to be dispatched multiple times. The City also would require natural gas distribution companies to notify property owners as well as the utility customer when they plan to move meter sets to the exterior of a property. Immediately preceding text appears at serial pages (340020) and (342489). We further noted IRRC's comment that the proposed regulation includes only meter and regulator location and does not address several other safety concerns identified in the Preamble (Order). Discussion of Comments to the Proposed Rulemaking Order. According to National Fuel, providing prior written notice is not always feasible; for example, when work at a customer's premises is triggered by a gas leak or other time sensitive repair, the meter will routinely be moved outside as part of the larger repair and providing written notice is unnecessary because the utility and customer are already in communication regarding the larger repair. On July 28, 2011, the Commission issued a Proposed Rulemaking Order deleting the current provisions and proposing new language for the regulation. We do believe, however, that the utility, in applying the regulation, has an obligation to know whether gas line improvements and meter location projects are located in historic areas. 4. NFG submits that the Commission should maintain the existing flexibility in the current rules regarding service lines and forego these revisions. Accordingly, PGW recommends that the following sentence should be added at the end of this paragraph: Under this section, Society Hill Civic Association (Society Hill) comments that the 30-day period is too short to permit a property owner to make an adequate response, and would propose that the notification period be extended to 60 days. Any subsequent metering equipment change necessitated by the customer-generator shall be paid for by the customer-generator. Moreover, PGW contends that it has not experienced an incident in which an explosion occurred because a steel service line was struck and pulled from an inside meter set. EDCs shall credit customer-generators who are EGS customers for each kilowatt-hour of electricity produced at the EDCs unbundled distribution kilowatt-hour rate. In each of the states that had smart meter laws as of August 20, 2019, many had some . However, we do agree that property owners, as well as utility customers, should be notified of neighborhood projects, which we believe is covered under compliance with the notice requirement of paragraph (a)(2). The Bureau of Technical Utility Services will serve its determination on the EDC and the applicant. IRRC then notes that the Commission has not explained which state and federal provisions are inconsistent, or how the Commission's regulations could conflict. Shared meter, owner has us paying for utilities in our name as extra to rent, but downstairs do not pay. The Secretary shall submit this Final Rulemaking Order, Attachment One and Annex A for review by the designated standing committees of both houses of the General Assembly, and for review and approval by the Independent Regulatory Review Commission. An EDC shall, prior to taking title to any alternative energy credits produced by a customer-generator, fully inform the customer-generator of the potential value of the alternative energy credits and other options available to the customer-generator for the disposition of those credits. The main concern PECO explains is if it is now required to perform high and low priority work simultaneously, high priority work will become delayed by low priority work. Peoples Natural Gas Company LLC and Peoples Twp LLC (Peoples) expressed concern that the newly proposed modifications, in certain parts, continue to limit the flexibility of the natural gas distribution companies to use their expertise in designing and placing meters sets, service lines and associated facilities. Peoples generally agrees with the ANOFRO revisions, except stating that there are instances in which it is not possible to provide thirty (30) days advance notice prior to relocating and installing a new meter or regulator outside of a customer's building. 192.383(b), excess flow valves are not installed on low pressure service lines that operate at a pressure less than 10 pounds per square inch gauge (psig) throughout the year because excess flow valves are generally unable to detect and shut off unrestricted gas flows on such low pressure service lines. Therefore, we shall not adopt PGW's change with respect to paragraph (d)(4). The OCA submits that this clarification is needed to offset the ambiguity in the wording of amended section 59.18(d)(1) which allows the gas utility to simply consider the use of an inside meter, while the historic nature of a property, the risk of vandalism, and ambient temperature are labeled as restrictions that make the location of a meter outside ''not available.''. Duty of owners of rental property on Westlaw. We shall amend subsection (d) in the final regulation by retaining paragraph (c)(2) from the proposed rulemaking which reads: ''(2) Regulators shall be located outside when a meter is located inside.'' No part of the information on this site may be reproduced for profit or sold for profit. The regulation does provide, in effect, guidelines that must be followed. The United States Department of Transportation's Pipeline and Hazardous Material Safety Administration (PHMSA) published the final rule establishing integrity management requirements for gas distribution pipeline systems on December 4, 2009. For service line pressure of 10 psig or greater, however, regulators are needed to reduce pressure. We also agree that gas utilities should share the specific location of emergency facilities with local emergency services. Under section 5(a) of the Regulatory Review Act (71 P.S. 745.5(a)), on May 31, 2012, the Commission submitted a copy of the notice of proposed rulemaking, published at 42 Pa.B. For customer-generators involved in virtual meter aggregation programs, a credit shall be applied first to the meter through which the generating facility supplies electricity to the distribution system, then through the remaining meters for the customer-generators account equally at each meters designated rate. No part of the information on this site may be reproduced forprofit or sold for profit. If an owner or tenant believes a third party is receiving such service, the interested party should contact the utility and ask for information about how to handle the situation. Stat. Therefore, we do not agree that the rule does not provide guidance and direction. As an example, NFG explains that if a utility detected a leak on a steel service line for an industrial or commercial customer, it would normally correct the problem by inserting a plastic line within the existing steel line. Emergencies can be reported 24 hours a day, seven days a week. Shared meter law? While state approaches to utility submetering vary, polices may establish provisions for acceptable uses of submetering in properties, create a mechanism for determining customers charges, and determine if building owners may charge customers additional fees. PECO explains that the relocation of indoor meter sets connected to plastic service lines is considered low risk because they have a low likelihood for leaking. In fact, we agreed with the commentators that the proposed Section 59.18 is taken, largely, from the Guide Material and not the Federal regulations. 5 Such municipal laws may not be enforceable against public utilities due to the Commission's exclusive jurisdiction of utilities under the Public Utility Code. (f)The Bureau of Technical Utility Services will approve or disapprove the net metering application within 5 days of an applicants response to an EDCs recommendation to deny approval, but no more than 30 days after an EDC submits an application with a recommendation to deny approval, whichever is earlier. We also questioned the comments that assert homeowners will be adversely affected economically by the additional regulatory requirements. However, we shall further amend the regulation to account for the possibility that the customer is not the building owner as we have discussed previously, and we shall also provide for the building owner notifying the utility. Finally, if any deadline is included in paragraph (g)(3), NFG submits that it should specifically state that it does not apply to the requirement at Section 59.8(f), which by its title applies to ''new service lines.'' UGI urges the Commission to either remove the notice requirement from its regulation, or alternatively to simply establish that reasonable advance notice to homeowners should be provided unless it is impossible or impractical to do so. Can we force a shared well agreement or make our neighbors pay us for For example, state law in California requires landlords to notify all prospective tenants, before they move in, if their gas or electric meter serves any area outside of their dwelling. PECO does not believe that the public interest is served by performing more than twice the remediation work that is already included in its approved LTIIP over the same 10 year period when plastic services are involved. The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governors Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules. New York Consolidated Laws, Public Service Law - PBS 52 | FindLaw In accordance with Section 501 of the Public Utility Code, 66 Pa.C.S. What this means in a practical sense is that those sections of the Commissions regulations that were declared unenforceable are no longer part of the regulations. Refreshed: 2018-06-06 Accordingly, Society Hill proposes that subsection (d)(1) of the proposed rule be amended to read, in pertinent part, as follows: We shall adopt PGW's amendment to the regulation at (d)(1)(i)(A) and (B) of the final rulemaking. PDF Understanding Shared Meters - National Fuel Gas UGI explains that it has implemented the policies of (a) installing contemporary plastic, as opposed to steel or other metal, service lines, (b) placing meters and regulators at outside locations, and (c) installing excess flow valves on new medium pressure service lines. They said the rent was adjusted. However, Columbia submits that it is unlikely that EFVs will activate if outside of their functioning parameters thereby negating the purpose of installing an EFV to begin with. The recommendation has been made that the regulations should develop requirements for relocating meters and regulators outside in locally designated historic districts and provide alternatives for typical historic building types. Also, we disagree that a utility should not be knowledgeable about where it can or cannot install its equipment based on local building codes. [1] See IRRC Shoots Down AEPS Regulations a Second Time. The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise: Commissioners Present:Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson; James H. Cawley; Pamela A. Witmer; Gladys M. Brown. As such, Peoples suggests that the ANOFRO revisions be further amended as stated on page 5 of its comments. The regulation addresses where meters and regulators can be located and factors that must be considered in locating meter sets. UGI Utilities, Inc. (UGI) opined that most of the steel service lines with inside meter sets were connected to bare steel or unprotected steel mains which would also need to be replaced and would increase the cost. Pennsylvania Bulletin If landlord doesn't pay gas, electric or water bills the tenant should not be required to pay the back bill to keep services on. Code 1940.9 (2021).) We shall replace ''property'' with ''building'' which is a more accurate description and is used in the current regulations. Process for obtaining Commission approval of customer-generator status. (The Shared Meter Law may be found in Section 52 of the Public Service Law of New York State; the Public Service Commission's regulations on shared meters are in 16 N.Y.C.R.R. PGW maintains that the cost of relocation is unwarranted based on the substantially minimal risk in PGW's service territory. We believe it is reasonable to establish a specific time period as a minimum amount of time to provide the customer notice of the proposed relocation. If National Fuel finds a shared meter condition, the charges . However, NFG still believes that additional clarity is warranted and has made numerous recommendations with respect to specific provisions of the regulation. The phrase ''feasible and practical'' is very similar to the phrase advocated by EAP in its comments to the proposed rulemaking. City of Allentown Mayor, Ed Pawlowski (Mayor), strongly supports the amendment to the regulation that permits inside meter locations for properties that have been designated as historic under the Pennsylvania Municipal Historic Districts Law, the Municipalities Planning Code, or a Municipal Home Rule Charter. The OCA supports the Commission's development of these cost responsibility rules. Any excess kilowatt hours that are not offset by electricity used by the customer in subsequent billing periods shall continue to accumulate until the end of the year. PDF NEW YORK SHARED METER LAW - utilityproject.org December 2020: Pa. Supreme Court Argument List, Quigley v. Unemployment Comp. (2)The owner or operator of the alternative energy system may not be a utility. P-00072337 (May 19, 2008). As a result, Columbia explains that the pressure drop caused by the mere presence of an EFV on a low pressure system may limit available pressure to serve a customer with greater than average demand resulting in unintended service interruptions during the higher flow needs of winter heating. PECO maintains that it would significantly change the focus of its LTIIP by requiring the Company to accelerate lower safety risk work at the expense of higher safety risk work, which is not the safest, most effective, or efficient approach to meter relocation and, for these reasons, nor is it in the public interest. (k)An EDC or DSP may not charge a customer-generator a fee or other type of charge unless the fee or charge would apply to other customers that are not customer-generators, or is specifically authorized under this chapter or by order of the Commission. The Commission reviewed those comments and issued an Advanced Notice of Final Rulemaking Order on September 13, 2013. The relocation of the inside regulator costs approximately $450. The consensus position of the gas utility companies is, first, that the proposed meter and regulator location regulation is not warranted based on the historical risk of failure associated with inside meters and regulators. In addition, gas service disruptions to customers and gas service restoration activities only need to be performed one time, only one set of notices and community outreach plans needs to be implemented, and associated disruptions to the municipality and its citizens can be minimized. We have thoroughly reviewed these comments about the need to consider meter set relocation in the context of an infrastructure replacement program and agree that meter set relocation efforts should be aligned with planned gas utility projects to replace aging infrastructure, including main replacements. This subchapter sets forth net metering requirements that apply to EGSs and EDCs which have customer-generators intending to pursue net metering opportunities in accordance with the act. 5420 (August 9, 2014).). Comments and Discussion to Specific Regulatory Provisions of the Advance Notice of Final Rulemaking Order. Each tariff states that the utility will make the ultimate siting determination. See 52 Pa.Code 59.33(b). Can Multiple Apartments Share a Water Meter - ExpertLaw In other words, NFG explains that a utility should not be required to reconfigure existing service lines since this would add significantly to the expense and resource demands of compliance with this regulation. The regulation provides a general rule that meters and regulators shall be located outside and aboveground, and that the utility shall provide written notice of a relocation. We shall also decline to address visual impact alternatives that may avoid or minimize the impact of installing the meter and/or regulator outside. According to EAP, the costs associated with the meter and regulator relocation mandate could delay replacement of aging pipeline infrastructure. Gas & Electric are in Ask an Expert Real Estate Law Questions . It was also recommended to the Commission to develop design guidelines for the appropriate location of meters and regulators. These parties are also looking for a process for utilities to notify property owners about projects and allow the property owners to participate and make informed decisions about where the meter will be located. 3. (3)The alternative energy system must have a nameplate capacity of not greater than 50 kW if installed at a residential service location. Peoples submits that in the event a building owner modifies a structure, after meter placement, in such a way that interferes with the safety of the meter location, the regulations should be clear that the natural gas distribution company is not required to expense the costs associated with such relocation. As the other unit has a flat rent rate that includes utility usage, we guess the landlord wants to make us to pay for the usage of other unit for more than $200/month extra based on our meter reading . Mitchell v. Equitable Gas Company, Docket No. M-00001347, Order entered March 16, 2000, 2000 Pa. PUC LEXIS 4; 52 Pa.Code 59.33 Safety. All ten gas utilities responded. Rather, they need to pay attention to the words and intent, because the courts most certainly will. On February 17, 2021, the Supreme Court affirmed the Commonwealth Courts invalidation of Pennsylvania Public Utility Commission (PUC or Commission) regulations that had the effect of blocking alternative energy project developments of 5 MW or less that propose to use net metering. The PECO Energy Company (PECO or Company) comments generally that the Commission should not expand the scope of the rulemaking beyond meter sets attached to steel services. Although this law was amended on July 19, 1995, owners remain responsible for energy used outside the tenant's dwelling or control. . So what does this mean for the future of renewable energy projects in Pennsylvania? Therefore, when the meters were relocated outside, the customer line was lengthened. A customer-generator is not prohibited from having a qualified meter service provider install metering equipment for the measurement of generation, or from selling alternative energy credits to a third party other than an EDC. The law applies to tenants of residential rental units in New York State and to all the owners of those properties. Comments were filed by approximately 44 interested parties, including the Independent Regulatory Review Commission (IRRC), and numerous letters were also filed by individual homeowners. We have struck language and added new language from proposed rulemaking paragraphs (a)(4)(a)(9), which is now found at Section 59.18(a)(5)(a)(8). 5835] [Saturday, September 13, 2014] The Pennsylvania Public Utility Commission (Commission), on May 22, 2014, adopted a final rulemaking order which amends 59.18 (relating to meter, regulator and service line location) to be consistent with Federal regulations. We have added a new subparagraph (d)(1)(ii)(D) to implement this inclusion. We have additionally added language to paragraphs (b)(1) and (2) as addressed in our analysis of comments to the proposed rulemaking in Attachment One (pages 3335). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for . Virtual meter aggregationThe combination of readings and billing for all meters regardless of rate class on properties owned or leased and operated by a customer-generator by means of the EDCs billing process, rather than through physical rewiring of the customer-generators property for a physical, single point of contact. Shared meter-when an electric, gas or steam meter not only records service furnished to an account holder's apartment/dwelling but also supplies service to fixtures/appliances outside a tenant's area of responsibility and is not under the tenant's exclusive use and control. Specifically, this review was to address meter placement and location and general requirements for new service lines. 4 See Petition of Columbia Gas of Pennsylvania, Inc. for Limited Waivers of Certain Tariff Rules Related to Customer Service Line Replacement, Docket No. M-2008-2058386, Motion of Commissioner Kim Pizzingrilli (August 21, 2008). UGI Distribution Companies' (UGI) comments first layout statistical information about its system. Physical meter aggregation shall be at the customer-generators expense. Our adoption of the CFR under Section 59.33(b) sets the minimum safety standards for all natural gas and hazardous liquid public utilities. (2)The total estimated rated generating capacity of its net metering customer-generators. In the case of a historic district covered by a municipal ordinance, PHMC explains that gas companies will essentially have the choice of 1) submitting each meter relocation to the local Board of Historical Architectural Review or Historical Commission for their review, or 2) avoiding the review process altogether (since nearly all local ordinances are mute on the subject of installing utility equipment). (g)The applicant and the EDC may appeal the determination of the Bureau of Technical Utility Services in accordance with 5.44 (relating to petitions for reconsideration from actions of the staff). We have adopted the Federal regulation. The Supreme Court has now rejected the PUCs appeal, affirming the Commonwealth Court in a single sentence order. Given that there is a notice requirement of at least 30 days for the public utility to notify the Commission of a major construction project, we consider at least 30 days prior notice to the customer to be reasonable. On August 21, 2008, the Commission directed the Bureau of Transportation, Gas Safety Division, to institute an investigation into the issue of gas meter placement and relocation in the context of service disputes between gas distribution companies and their customers. Gas, Electric and Steam Service to Tenants Provided Through Shared Meters The IRRC emphasized the point that the Commission established in Section 59.33 that the Code of Federal Regulation (CFR) and its subsequent amendments effectively supersede the Commission's regulations; and since the CFR addresses meter and regulator location, the proposed Section 59.18 raises the issue of ''possible conflict with or duplication of Statues or existing regulations.'' C-20077457 (Opinion and Order entered January 22, 2009); Lucas v. Columbia Gas Company of Pennsylvania, Inc., Docket No. 1648.1, et seq. The Commission believed that Section 59.18 is currently limited with respect to providing regulatory requirements for locating meters. 192.383(b). Language has also been added and stricken in paragraphs (d)(2)(d)(5) consistent with our discussion of the comments to proposed rulemaking in Attachment One (pages 4349). The EDC and DSP may not require additional equipment or insurance or impose any other requirement unless the additional equipment, insurance or other requirement is specifically authorized under this chapter or by order of the Commission. See 74 FR 63906. This is troubling because the state and federal regulations require leak surveys up to the meter. PECO believes that this provides more time to account for scheduling changes based on unexpected storm response or other emergent work. The City would require that the Rule be revised to discuss in a very specific manner how the utility companies are to work with the property owner to consider regulator placement options, and select one that minimizes the visual impact to the historic property and/or historic district. Therefore, National Fuel argues that subsection (a)(1) should contain an exception for situations when the meter and/or regulator is moved outside as part of an emergency repair being performed at the customer's premises. The Mayor also argues that the inside meter locations in historic districts should be the rule unless the utility can justify the placement should be varied for a particular location. Again, we agree with National Fuel, as we have with the other utilities, that meter replacement should be coordinated with larger infrastructure improvement projects. To ask about your service or your bill, or to report an emergency, call Customer Account Services at (845) 452-2700 or (800) 527-2714. We believed that reasonable access by the utility to its facilities should be addressed in the utility's tariff. Moreover, since gas utilities will not be required to perform stand-alone projects not coordinated with either a utility DIMP or LTIIP, we shall not make a distinction in the regulation for the type of service construction, such as plastic service lines that need to be relocated. NFG states that ''feasible and practical'' defines a narrow set of circumstances when something cannot be done or accomplished and in fact has never been done before. According to EAP, the fact remains that capital and resources will be diverted to complete work that has a lower risk priority based on gas utility DIMP programs. We live in a duplex with a shared water meter. The information presented is not intended to create, and does not create, an attorney-client relationship with our readers or any other party. If the customer-generator supplies more electricity to the electric distribution system than the EDC delivers to the customer-generator in any billing period, the excess kilowatt hours shall be carried forward and credited against the customer-generators unbundled kilowatt-hour distribution usage in subsequent billing periods until the end of the year when all remaining unused kilowatt-hour distribution credits shall be zeroed-out.
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