National Fuel suggests four revisions to subsection (a)(6). As of Oct. 24, 1991, the New York State Shared Meter Law makes building owners responsible for gas and electricity registered through a shared meter. One shared Customer: Attorney 1 : That's illegal and unacceptable, particularly if you don't use 40% of the utilities, and since there is no individual meter, you are likely being overcharged. 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. 7277, 7448. However, in addition to noting that federal law already requires EFV installation on all new and replaced service lines, we proposed that excess flow valves must also be installed on all service lines when a meter is located inside. If these circumstances do not exist, then the general rule of paragraph (1) of subsection (a) applies and the meter and regulator shall be located outside and above ground. Billing monthThe term has the same meaning as set forth in 56.2 (relating to definitions). . Therefore, we shall accept PGW's suggestion, with modification, that the notice make clear that the written notice is for the owner of the property if different than the customer. However, UGI believes this estimate reflects replacements and relocations performed at the time of main replacement. The provisions of this 75.13 amended under 66 Pa.C.S. of different browsers, this version may differ slightly from the Pursuant to the Commission's directive, the Gas Safety Division reviewed existing regulations and tariff language on meter location. The landlord cannot try to bill or collect . Columbia submits that the 20-year period will allow it to continue to address its top priority risks and also accommodate the Commission's concerns for inside meter sets. (3)The alternative energy system must have a nameplate capacity of not greater than 50 kW if installed at a residential service location. In addition, if the utility provides at least 30 days' notice, the exact date may shift to account for any emergency work, weather conditions, or manpower issues. (c)The net metering applicant has 20 days to submit a response to the EDCs recommendation to reject an application to the Bureau of Technical Utility Services. Virtual meter aggregation on properties owned or leased and operated by the same customer-generator and located within 2 miles of the boundaries of the customer-generators property and within a single EDCs service territory shall be eligible for net metering. PGW is also in support of focusing on safety stating that the meter set relocation requirement conducted in such a manner would ameliorate the cost of compliance with this regulation to manageable levels. EAP explains that meters are not currently tracked in that manner and that the cost estimate reflects the incremental cost of adhering to the amended regulation, recognizing that a certain number of meter relocations would occur over the next ten years under current main replacement programs. The Gas Safety Division concluded that the Commission's existing regulation is vague, inadequate, and out-of-date with respect to the federal standards which the PUC has adopted. According to PGW's experience, a vault creates a corrosive environment which cannot be remediated. We believe our explanation of these terms in our analysis of comments to be the proposed rulemaking in Attachment One (page 21) provided sufficient guidance to apply to the regulation. PGW notes that the Pipeline and Hazardous Materials Safety Administration (PHMSA) also regulates this area of concern and a federal regulation recognizes the circumstances in which an excess flow valve cannot or should not be installed as set forth directly below: Therefore, PGW recommends the following modification to paragraph (d)(4): PECO also notes that this requirement does not consider the prohibitions against using EFVs on new installations and proposes that the regulation should have a qualification for the prohibitions set forth in 49 C.F.R. 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 data requests included questions related to the number of inside/outside meter sets, inside regulators, tariff language, inside meter set leak calls, reportable incidents associated with inside meter sets, meter relocation charges, inside leak surveys, and local ordinances requiring certain meter locations. According to NFG, its DIMP, which was prepared in compliance with 49 C.F.R. Submetering Apartments in Pennsylvania - 6 Things You Need To Know 49 C.F.R. Avvo has 97% of all lawyers in the US. The cost of replacing the steel service line and moving the meter set outside is approximately $4,000 per unit. We agree that the regulation does contain provisions that delegate discretion to the utility in making a determination with respect to locating an outside meter. The section identifies the standards that distributed generation systems must satisfy to qualify for customer-generator status. Civ. IRRC further believes the proposed regulation includes only meter and regulator locations and does not address several of the other safety concerns identified by the Commission in its Order. 4. We agree with NFG and Peoples that the notice provision should provide the phrase ''at least'' before thirty (30) days to establish that the advance notice does not have to be exactly 30 days. Although we believe that it is necessary to provide some notice that the utility will be engaging in the work inside and in front of the customer's property, regardless of the emergency situation, we shall include the clarifying phrase ''[e]xcept in the case of an emergency.'' We did not believe that our adoption of these minimum safety standards in Section 59.33(b) conflicts or duplicates the proposed regulation. Before discussing the Gas Safety Division's report, it is noteworthy that the Commission's only regulation governing gas meter location reads: The U.S. Department of Transportation (DOT) regulations, which the Commission has adopted2 This subsection and paragraph identifies situations where an inside meter will be considered. The gas utilities expressed concern that the requirements of the new regulations to move existing inside meter sets outdoors will divert funds needed to address higher priority risks enumerated in existing DIMPs. EAP submits that the Commission recognized that gas utilities needed to initiate infrastructure replacement programs and supported legislation to implement a distribution system improvement charge (DSIC).6, EAP further believes that a utility main replacement program would create the economic and risk management efficiencies needed to consider relocation of inside meters or regulators as contemplated in the proposed amendments. 2. The Secretary shall certify this Final Rulemaking Order, Attachment One and Annex A and deposit them with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin. Todd represents clients before the Pennsylvania Public Utility Commission (Pa. PUC), the Federal Energy Regulatory Commission (FERC) and other state and federal agencies. In fact, regulators are not generally required in low pressure operating systems and the risks associated with inside meters are reduced because the system operates at low pressure. 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. Under these circumstances, when a cost effective coordinated schedule for upgrading infrastructure is undertaken, the permitting and repaving costs can be shared, only one excavation and restoration project is scheduled, service is interrupted only once, and only one set of notices are required. Commonwealth Court's Invalidation of Pennsylvania PUC Defined Terms - Potential Net Metering Implications. PGW comments (page 5) that the risk of low pressure lines delivering gas flows inside a building do not exist at virtually all of its customer locations. Immediately preceding text appears at serial pages (340017) to (340018). 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. The net metering small commercial, commercial or industrial customers stranded cost obligation shall be calculated based upon the applicable base year as defined in this chapter. 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. As a result, meters may be located inside in low-pressure operating systems and regulators are not required. 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. However, the language is now located at paragraph (a)(4). UGI believes that the most efficient means of replacing service lines and relocating meters and regulators is to perform such tasks (1) when streets and sidewalks are already being opened up to replace mains, (2) when there otherwise is a need to perform an excavation at a service location, such as an excavation to repair a leak, or (3) if the main replacement can be performed in conjunction with local street re-paving efforts or other infrastructure replacement projects that require excavation. With respect to Peoples suggestion about changing the term ''property,'' we agree and shall implement the recommendation throughout the regulation. 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. Comments were filed by approximately 44 interested parties, including the Independent Regulatory Review Commission (IRRC), and numerous letters were also filed by individual homeowners. Find a lawyer near you Avvo has 97% of all lawyers in the US. An EDC shall file a tariff providing net metering protocols that enables EGSs to offer net metering to customer-generators taking service from EGSs. The Commission has reviewed those comments, as well as all comments filed to its Proposed Rulemaking Order, and issues this Final Rulemaking Order. In addition, although we agree that there could be factors that may result in opportunities for People's to accelerate installations, we assume these are sporadic and that generally the utility will have an infrastructure replacement construction schedule more than 30 days out. Finally, the use of excess flow valves is a safety device used in the industry and, at this point, we are not concerned by any lack of use within the industry to warrant regulatory oversight. Gas & Electric are in Ask an Expert Real Estate Law Questions . Submetering Apartments in Pennsylvania is very common. 4 See Petition of Columbia Gas of Pennsylvania, Inc. for Limited Waivers of Certain Tariff Rules Related to Customer Service Line Replacement, Docket No. EAP supports notice to the customer prior to relocation but requests elimination of the perceived requirement of notice thirty (30) days prior to relocating the meter set. of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Columbia explains that it is actively addressing inside meter sets as part and parcel of its priority pipe replacement program, thus structurally creating new, integrated distributions systems (mains, services, and outside risers) entirely made up of new, plastic, or coated cathodically protected steel systems. What Is the Shared Meter Law? 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. We agree that our regulation should not conflict with the Federal regulation. More specifically, meter and regulatory relocation mandated projects should be coordinated with the gas utilities DIMPs. These subparagraphs are now identified as (d)(1)(ii) and (d)(1)(iv), respectively. The Secretary shall submit this Final Rulemaking Order, Attachment One and Annex A to the Governor's Budget Office for review of fiscal impact. Under the example presented by the utility, in replacing the existing facility, it may not be ''feasible and practical'' to reconfigure the layout because it corrected the problem by inserting a plastic line within the existing steel line. (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. Please direct comments or questions to. If the tenant . 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. Discussion of the General Comments to the Advance Notice of Final Rulemaking Order. We shall modify the regulation accordingly by adding the term ''or building owner,'' as well as new language we discussed in our analysis of comments to the proposed rulemaking in Attachment One (page 32), to new paragraphs (a)(9), (10) and (11) in the final. Public Utilities 1529.1. 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.'' Bd. 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. UGI estimations with respect to the relocation of inside meters over 10 years also support an increase in the time period for compliance with the regulation. No part of the information on this site may be reproduced for profit or sold for profit. The Gas Safety Division issued ten data requests to the ten largest gas utilities under PUC jurisdiction. 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. The issue of gas meter placement and relocation in the context of service disputes between Natural Gas Distribution Companies (NGDCs) and their customers came before the Commission in two cases. EAP believes the phrase ''feasible and practical'' will actually limit utility discretion regarding meter location and give rise to unnecessary litigation regarding, inter alia, meter placement. 7277, 7448. (2)The owner or operator of the alternative energy system may not be a utility. If a net metering small commercial, commercial or industrial customers self-generation results in a 10% or more reduction in the customers purchase of electricity through the EDCs transmission and distribution network for an annualized period when compared to the prior annualized period, the net metering small commercial, commercial or industrial customer shall be responsible for its share of stranded costs to prevent interclass or intraclass cost shifting under 66 Pa.C.S. Commonwealth Court Invalidates Pennsylvania PUC Defined Terms Section 1529.1 of ACT 54 OF 1993 requires the owner of a residential rental multi- dwelling building or mobile home park to be responsible for utility service when the units 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. In addition, the general comments of the IRRC to the Proposed Rulemaking Order are summarized and then addressed in a response section. If National Fuel finds a shared meter condition, the After review of the state and federal regulations pertaining to meter set location, gas distribution tariffs, and after meeting with the gas utilities and reviewing the data responses, Gas Safety concluded the following: 1. Example:a hot water heater or furnace may be located inside Moreover, EAP contends that the costs would be considerably higher under the ANOFRO where meter relocation is a stand-alone project mandated to occur in a prescriptive timeframe and not coordinated with either a utility DIMP or LTIIP. 7 EAP suggests further amending the phrase to read ''feasible and reasonable'' and to eliminate the use of the word ''practical.'' Moreover, the City argues that the new Rule should require public notification through a meeting or appropriate media outlets when projects impact the neighborhood as a whole. 5703 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter B, and then the specific provision). 4. Other Important Parts of the Law Summary of New York a) Refunds State's In each of the states that had smart meter laws as of August 20, 2019, many had some . Split the bill between multiple renters who live with a shared water meter. To be independent of the alternative energy system, the electric load must have a purpose other than to support the operation, maintenance or administration of the alternative energy system. We are also persuaded by Society Hill's arguments with respect to inclusion of historic districts designated pursuant to local ordinances. 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. Todd also represents these same clients before the Pennsylvania General Assembly as a registered lobbyist, and represents The Retail Energy Supply Association, known as RESA, in natural gas competition related matters before the PUC. Peoples suggests providing ''at least'' 30 days' advance notice, and the natural gas distribution company may send notice to the customer advising that the meter will be removed within a coming period of timethe exact date for which may shift due to various legitimate reasons, such as emergency work, weather conditions and crew availability. The utility should be able to rely on ''reasonable documentation'' created by its employees that explains the reasons for selecting a particular meter, service line, and/or regulator location in contravention of the specific parameters set forth in the regulation. 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. of Review, Gerrymandering and the Battle Over Voting District Design. The OCA submits that the gas utilities have an obligation to maintain their system in conformance with Pennsylvania and federal safety standards. As to the first sentence of amended section 59.18(a)(1), the OCA asserts that the language ''[u]nless otherwise specified in this section'' does not accurately encompass that exceptions to the rule that meters and regulators be installed outside and aboveground may be the result of impossibility, a lack of feasibility, or the utility's determination that the location of the meter inside or in a specially designed cabinet with exterior access is in the public interest. According to EAP, the costs associated with the meter and regulator relocation mandate could delay replacement of aging pipeline infrastructure. Utilities also seek clarification whether this regulation, if adopted, would apply to meter sets installed after the effective date of this proposed regulation since a number of new requirements are not requirements of meter sets today. Although that comment is consistent with 49 C.F.R. EAP suggests that the most cost effective way to ''replace'' an existing service line may be to ''renew'' the line by inserting contemporary pipe into the existing service line which may not comply with the proposed regulations at section 59.18(f). Part 192 (which have been adopted in Pennsylvania at 52 Pa.Code 59.33), natural gas utilities are required to file DIMP plans which identify, categorize, and rank risks associated with distribution facilities. We believed that reasonable access by the utility to its facilities should be addressed in the utility's tariff. A: It is legal to bill multiple tenants in a single-meter building for utilities, such as water and garbage removal, so long as the landlord follows the correct procedure. National Fuel submits that these requirements should only apply to new outside meters, including those inside meters relocated outside as a result of this rulemaking. In fact, under Section 59.38 of our gas service regulations, a public utility is required by regulation to provide to the Commission a report of proposed major construction at least 30 days prior to the commencement of work. See Duquesne Light Co. v. Monroeville Borough, 449 Pa. 573, 581, 298 A.2d 252, 257 (1972). The Pennsylvania Code website reflects the Pennsylvania Code Immediately preceding text appears at serial pages (340020) and (342489). As of Oct. 24, 1991, the New York State Shared Meter Law makes building owners responsible for gas and electricity registered through a shared meter. Pennsylvania Statutes Title 66 Pa.C.S.A. Public Utilities - FindLaw As indicated previously, the Commission issued an Advance Notice of Final Rulemaking Order (ANOFRO) on September 13, 2013. When we moved in, it was not disclosed to us in our lease that there was only one meter, leading to us paying all of the bills for almost two years. In these situations, consider splitting the bill down the middle and charging renters for their portion. . The general rule of the regulation under paragraph (a)(1) is that meters and regulators shall be located outside unless otherwise allowed or required in the regulation. We shall also accept the OCA's language change which acknowledges that the property owner must also be notified and provides specifity about the content of the notice. Therefore, the requirements at (f)(1)(3) are still too restrictive and should be deleted. 192.383(b) since, as the regulation implicitly recognizes, excess flow valves are not effective on a low-pressure service line which does not operate at a pressure of 10 psig or greater throughout the year. The information presented is not intended to create, and does not create, an attorney-client relationship with our readers or any other party. Our web address and phone numbers are listed below. We shall add a new subparagraph (d)(1)(i) that reads ''[t]he service line pressure is less than 10 PSIG.'' (iv) a utility determines that an outside meter location is neither feasible nor practical'' is a cumbersome manner in which to provide the desired flexibility to the gas utility to determine meter location.7. PDF NEW YORK SHARED METER LAW - utilityproject.org 1648.7(a) and 1648.3(e)(2)). 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.

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