§ 2805. Regionalism and reciprocity.
(a) Other states.--The commission shall take all necessary and appropriate steps to encourage interstate
power pools to enhance competition and to complement industry restructuring on a regional
basis. The Commonwealth, the commission and Pennsylvania electric utilities shall
work with the Federal Government, other states in the region and interstate power
pools to accomplish the goals of restructuring and to establish independent system
operators or their functional equivalents to operate the transmission system and interstate
power pools. The commission, Pennsylvania electric utilities and all electricity suppliers
shall work with the Federal Government, other states in the region, the North American
Electric Reliability Council and its regional coordinating councils or their successors,
interstate power pools, and with the independent system operator or its functional
equivalent to ensure the continued provision of adequate, safe and reliable electric
service to the citizens and businesses of this Commonwealth.
(b) Electric cooperatives, municipalities and other electric generation suppliers.--
(1) In order to make the benefits of competition in the generation and sale of electricity
as widely available as possible to retail customers and to provide open, fair and
nondiscriminatory access to all electric generation suppliers:
(i) Consistent with 15 Pa.C.S. Ch. 74 (relating to generation choice for customers of
electric cooperatives), no electric cooperative or municipality which distributes
electricity to end-use customers may utilize the transmission or distribution system
of an electric utility regulated by the commission for the purpose of supplying electricity
to an end-use customer unless the electric cooperative or municipality provides open
and nondiscriminatory access and allows other electric generation suppliers to utilize
its facilities, including any facilities it is entitled to provide to third parties
pursuant to contract, to make sales to the end-use customers it serves. A borough
may prohibit electric generation suppliers from serving end-use customers within its
borough limits; however, such a borough shall be prohibited from providing generation
service to end-use customers outside of its borough limits which it did not serve
prior to the effective date of this chapter.
(ii) The commission shall require any electric cooperative seeking a certificate under
15 Pa.C.S. Ch. 74 to provide open and nondiscriminatory access to its transmission
and distribution facilities as a condition to the granting of the certificate.
(iii) The reliability of the transmission service provided to electric cooperative corporations
must be comparable to the reliability which the transmission supplier provides at
the wholesale level.
(2) No electric utility regulated by the commission and no affiliate of such electric
utility may use the distribution system of another electric utility regulated by the
commission or make sales to end-use customers in another electric utility's service
territory unless the commission has approved a restructuring plan for the supplying
electric utility which provides for direct access comparable to the direct access
provided under the approved plan of the electric utility operating the distribution
system in the location where the supplying electric utility seeks to sell electricity
to an end-use customer. No electric utility regulated by the commission and no affiliate
of such electric utility may use the distribution system of an electric cooperative
corporation or make sales to end-use customers in the territory of an electric cooperative
corporation unless the commission has approved a restructuring plan for the supplying
electric utility.
References in Text. Chapter 74 of Title 15, referred to in subsec. (b), is expired.
Notes of Decisions
Energy Conservation Council v. Pub. Util. Comm'n, 995 A.2d 465 (Pa. Commw. Ct. 2010).
· cites it 10× “66 Pa.C.S. § 2805. In our view, the record is clear that the Mount Storm to Doubs line is heavily congested and that alternatives, such as reconductoring, retensioning, or otherwise raising the height of the rights-of-way to improve clearance are likely to impose heavy…”
Borough of Olyphant v. Pennsylvania Pub. Util. Comm'n, 861 A.2d 377 (Pa. Commw. Ct. 2004).
· cites it 2× “66 Pa. C.S. § 2805(b). Relying upon that Section, in December 1997, the Borough passed a Resolution (1997 Resolution) declaring that it was in Olyphant’s interest “to be the exclusive electric supplier within the Borough Limits of the Borough of Olyphant” and resolving “to…”
Met-Ed Indus. Users Grp. v. Pennsylvania Pub. Util. Comm'n, 960 A.2d 189 (Pa. Commw. Ct. 2008).
“66 Pa.C.S. § 2805(a). Section 2805(a) of the Competition Act requires that the PUC work with the federal government to establish independent system operators to operate the transmission system and interstate power pools and to ensure the continued provision of adequate, safe and…”
Transource PA, LLC, & PPL Elec. Utils. Corp. v. PA PUC (Pa. Commw. Ct. 2022).
· cites it 3× “4 66 Pa.C.S. § 2805(a).2 B. The IEC Project and Transource In 2014, PJM, the Regional Transmission Organization charged with managing electric utilities transmission systems in 13 states (PJM Region), that includes most of Pennsylvania, Maryland, Virginia, and West Virginia,…”
Borough of Middletown v. PA PUC (Pa. Commw. Ct. 2023).
“) The Commission further held the Borough’s contention that Section 2805(b) of the Competition Act, 66 Pa.C.S. § 2805(b), allows it to prohibit electric generation suppliers from serving end-users in the Borough, was without merit because MetEd’s entitlement to serve Librandi,…”
— 66 Pa. Cons. Stat. § 2805(a) — 3 cases
Energy Conservation Council v. Pub. Util. Comm'n, 995 A.2d 465 (Pa. Commw. Ct. 2010).
“66 Pa.C.S. § 2805. In our view, the record is clear that the Mount Storm to Doubs line is heavily congested and that alternatives, such as reconductoring, retensioning, or otherwise raising the height of the rights-of-way to improve clearance are likely to impose heavy…”
Met-Ed Indus. Users Grp. v. Pennsylvania Pub. Util. Comm'n, 960 A.2d 189 (Pa. Commw. Ct. 2008).
“66 Pa.C.S. § 2805(a). Section 2805(a) of the Competition Act requires that the PUC work with the federal government to establish independent system operators to operate the transmission system and interstate power pools and to ensure the continued provision of adequate, safe and…”
Transource PA, LLC, & PPL Elec. Utils. Corp. v. PA PUC (Pa. Commw. Ct. 2022).
“4 66 Pa.C.S. § 2805(a).2 B. The IEC Project and Transource In 2014, PJM, the Regional Transmission Organization charged with managing electric utilities transmission systems in 13 states (PJM Region), that includes most of Pennsylvania, Maryland, Virginia, and West Virginia,…”
— 66 Pa. Cons. Stat. § 2805(b) — 3 cases
Borough of Olyphant v. Pennsylvania Pub. Util. Comm'n, 861 A.2d 377 (Pa. Commw. Ct. 2004).
“66 Pa. C.S. § 2805(b). Relying upon that Section, in December 1997, the Borough passed a Resolution (1997 Resolution) declaring that it was in Olyphant’s interest “to be the exclusive electric supplier within the Borough Limits of the Borough of Olyphant” and resolving “to…”
Borough of Middletown v. PA PUC (Pa. Commw. Ct. 2023).
“) The Commission further held the Borough’s contention that Section 2805(b) of the Competition Act, 66 Pa.C.S. § 2805(b), allows it to prohibit electric generation suppliers from serving end-users in the Borough, was without merit because MetEd’s entitlement to serve Librandi,…”
— 66 Pa. Cons. Stat. § 2805(b)(1) — 1 case
Borough of Olyphant v. Pennsylvania Pub. Util. Comm'n, 861 A.2d 377 (Pa. Commw. Ct. 2004).
“66 Pa. C.S. § 2805(b). Relying upon that Section, in December 1997, the Borough passed a Resolution (1997 Resolution) declaring that it was in Olyphant’s interest “to be the exclusive electric supplier within the Borough Limits of the Borough of Olyphant” and resolving “to…”
— 66 Pa. Cons. Stat. § 2805(f)(5) — 1 case
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