Regulatory Update: IRRC Approves PUC Regulation Concerning Implementation of the Public Utility Confidential Security Information Disclosure Protect Act

(July 27, 2008)

The Independent Regulatory Review Commission recently approved the proposed regulation of the Pennsylvania Public Utility Commission regarding the implementation of the Public Utility Confidential Security Information Disclosure Protection Act.  The Approval Order was published in the Pennsylvania Bulletin on July 26, 2008 (38 Pa.B. 4045) and is set forth, in full, below.  A copy of the proposed regulation as published in December 2007 may be found here.

Approval Order

Public Meeting held
July 10, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Karen A. Miller; John F. Mizner, Esq.

Pennsylvania Public Utility Commission-- Implementation of the Public Utility Confidential Security Information Disclosure Protection Act;
Regulation No. 57-256 (#2651)

                On November 21, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends § 5.423 and adds Chapter 102 to Title 52 Pa. Code. The proposed regulation was published in the December 8, 2007, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 28, 2008.

                This regulation implements the Public Utility Confidential Security Information Disclosure Protection Act (35 P. S. §§ 2141.1--2141.6). The regulation includes filing procedures for public utilities submitting records containing confidential security information (CSI) to the PUC, for challenges to a utility's designation of records as CSI, and for requests to examine records containing CSI.

                We have determined this regulation is consistent with the statutory authority of the PUC (35 P. S. §§ 2141.1--2141.6; 66 Pa.C.S. § 501) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

                This regulation is approved.