1. (a) In discharging its burden of proof under 66 Pa.C.S. § 315 (relating to burden of proof), a public utility may submit and use data for the FTY. The submission of information and data using the FTY must be in addition to, and not in lieu of, other data or material required under this title, including the filing requirements for the HTY.

   (a.1) If the FTY is used, it must be based on fully substantiated estimates. The estimates for the FTY must be of the same or similar type, quantum and nature as required to be submitted for the HTY and must describe the methodology, data and material used as the basis for the estimates.

2. (b) If a public utility submits and uses data for the FTY, it shall, during the course of the proceeding, file and serve on the parties of record the actual results experienced in the FTY for each quarter starting with the day following the end of the HTY. The results shall be submitted within 30 days of the end of the quarter. If the results are not then available, the public utility shall file a status report indicating when the results will be available and file the results as soon thereafter as available.
3. (c) Following the completion of the rate proceeding, if the public utility’s FTY data forms a substantive basis for the Commission’s final rate determination, the public utility shall file with the Commission and serve on the parties of record in the same docketed proceeding in which the final rate determination was entered, the public utility’s actual results experienced in the FTY. In this filing, the public utility shall provide appropriate data evidencing the accuracy of its estimates contained in the FTY. This filing must be submitted within 90 days of the end of the last quarter of the FTY. If the results are not then available, the public utility shall file and serve on the parties of record a status report indicating when the results will be available and shall file the results as soon thereafter as available.

Authority

The provisions of this § 53.56 issued under 66 Pa.C.S. § § 309—311, 315, 331—335, 501, 701—703 and 1101—1103; amended under 66 Pa.C.S. § § 315, 501, 1301, 1304, 1308, 1350—1360 and 1501.

Source

The provisions of this § 53.56 adopted December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended August 29, 2025, effective August 30, 2025, 55 Pa.B. 6180. Immediately preceding text appears at serial pages (332451) and (410751).

Notes of Decisions

Recovery of Costs

The utility was not permitted to recover site clean-up costs which were incurred before the future test year as that would constitute retroactive ratemaking. Columbia Gas of Pennsylvania, Inc. v. Pennsylvania Public Utility Commission, 613 A.2d 74 (Pa. Cmwlth. 1992); order affirmed 636 A.2d 627 (Pa. 1994).

Cross References

This section cited in 52 Pa. Code § 53.51 (relating to general); and 52 Pa. Code § 53.51a (relating to definitions).