HARRISBURG – The Pennsylvania Public Utility Commission (PUC) today adopted a Tentative Supplemental Implementation Order that puts forth proposals to further improve procedures for how the PUC examines the acquisition and valuation of municipal and authority-owned water and wastewater systems under Section 1329 of the Public Utility Code.
The Commission voted 5-0 to issue proposed revisions for public comment on potential changes to procedures and guidelines for applications seeking rate base valuation treatment under Section 1329 of Chapter 13 of the Pennsylvania Public Utility Code (Code). Signed into law as Act 12 of 2016, Section 1329 addresses the sale of water and wastewater systems owned by municipal corporations or authorities by providing a process for the sale of public water and wastewater assets for at fair market rates.
With the benefit of approximately two years’ experience applying Section 1329 to applicable transfers of control under Chapters 11 and 13 of the Code and PUC regulations, the Commission now seeks to create more certainty in the process, improve the quality of valuations and further ensure that the adjudication process is both fair and efficient.
The Commission invites interested parties to provide formal comments - and to offer recommendations for consideration - on its proposals to improve the processes, evidence and guidelines for Section 1329 applications. Comments are due within 30 days of publication of the Tentative Supplemental Implementation Order in the Pennsylvania Bulletin, with reply comments due fifteen (15) days thereafter.
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Docket Nos. M-2016-2543193