Section 1329 Applications
Valuation of Acquired Municipal Water/Wastewater Systems
On April 14, 2016, Governor Tom Wolf signed Act 12 of 2016 amending Chapter 13 of the Pennsylvania Public Utility Code by incorporating a new section: 66 Pa. C.S. § 1329. Section 1329 of the Code enables a public utility or entity (buyer) to utilize fair market valuation when acquiring water and wastewater systems located in the Commonwealth that are owned by a municipal corporation or authority. The fair market valuation process requires both the acquiring public utility or entity (buyer) and the selling municipal corporation or authority (seller) to engage the services of a licensed engineer to conduct an assessment of the tangible assets of the seller. The buyer and seller would then provide the asset assessment to separate utility valuation experts for independent analysis which are then incorporated into the Section 1102 of the Code application submitted to the Commission for approval. Upon completion of the application process, the acquired system would come under the jurisdiction of the Commission.
Section 1102 applications using the fair market valuation process may be filed with the Commission starting June 13, 2016. Upon acceptance of an application using fair market valuation, the Commission must conclude its review and issue a Final Order within six months. Applications not deemed perfected, i.e., incomplete, will not be considered as accepted until all relevant data has been submitted.
Final Implementation Order - From the Public Meeting of October 27, 2016, at Docket M-2016-2543193.
Tentative Implementation Order - From the Public Meeting of July 21, 2016, at Docket M-2016-2543193.
Checklist - to accompany Section 1329 applications, revised March 17, 2017.
Filing Guidelines - Guidelines to make filings for a Section 1329 Application.
Utility Valuaton Experts
Registry of Utility Valuation Experts - Updated December 12, 2016.
Secretarial Letter - Letter dated July 21, 2016, soliciting valuation experts from known organizations.
UVE Application - to accompany applications for utility valuation expert (UVE) registration and/or renewal.