§ 1353. Distribution system improvement charge.
(a) Authority.--Except as provided under this subchapter, after January 1, 2013, a utility may petition the commission, or the commission, after notice and hearing, may approve the establishment of a distribution system improvement charge to provide for the timely recovery of the reasonable and prudent costs incurred to repair, improve or replace eligible property in order to ensure and maintain adequate, efficient, safe, reliable and reasonable service.
(b) Petition.--A petition for commission approval of a distribution system improvement charge shall include the following:
(1) An initial tariff that complies with a model tariff adopted by the commission. The proposed tariff shall include the following:
(i) A description of the eligible property.
(ii) The effective date of the distribution system improvement charge.
(iii) Computation of the distribution system improvement charge.
(iv) The method by which the utility will provide quarterly updates of the distribution improvement charge.
(v) A description of consumer protections.
(2) Testimony, affidavits, exhibits or other evidence that demonstrates that a distribution improvement system charge is in the public interest and will facilitate utility compliance with the following:
(i) The provision and maintenance of adequate, efficient, safe, reliable and reasonable service consistent with section 1501 (relating to character of service and facilities).
(ii) Commission regulations and orders relating to the provision and maintenance of adequate, efficient, safe, reliable and reasonable service.
(iii) Any other requirement under Federal or State law relating to the provision and maintenance of adequate, efficient, safe, reliable and reasonable service.
(3) A long-term infrastructure improvement plan under section 1352 (relating to long-term infrastructure improvement plan).
(4) Certification that a base rate case has been filed within five years prior to the date of the filing of the petition under section 1308(d) (relating to voluntary changes in rates).
(5) If a base rate case has not been filed within five years prior to the date of the filing of the petition, the utility must file a base rate case in order to be eligible for a distribution system improvement charge.
(6) Any other information required by the commission.
Cross References. Section 1353 is referred to in sections 1352, 1355 of this title.
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