2805 - Regionalism and reciprocity.

     § 2805.  Regionalism and reciprocity.        (a)  Other states.--The commission shall take all necessary     and appropriate steps to encourage interstate power pools to     enhance competition and to complement industry restructuring on     a regional basis. The Commonwealth, the commission and     Pennsylvania electric utilities shall work with the Federal     Government, other states in the region and interstate power     pools to accomplish the goals of restructuring and to establish     independent system operators or their functional equivalents to     operate the transmission system and interstate power pools. The     commission, Pennsylvania electric utilities and all electricity     suppliers shall work with the Federal Government, other states     in the region, the North American Electric Reliability Council     and its regional coordinating councils or their successors,     interstate power pools, and with the independent system operator     or its functional equivalent to ensure the continued provision     of adequate, safe and reliable electric service to the citizens     and businesses of this Commonwealth.        (b)  Electric cooperatives, municipalities and other electric     generation suppliers.--            (1)  In order to make the benefits of competition in the        generation and sale of electricity as widely available as        possible to retail customers and to provide open, fair and        nondiscriminatory access to all electric generation        suppliers:                (i)  Consistent with 15 Pa.C.S. Ch. 74 (relating to            generation choice for customers of electric            cooperatives), no electric cooperative or municipality            which distributes electricity to end-use customers may            utilize the transmission or distribution system of an            electric utility regulated by the commission for the            purpose of supplying electricity to an end-use customer            unless the electric cooperative or municipality provides            open and nondiscriminatory access and allows other            electric generation suppliers to utilize its facilities,            including any facilities it is entitled to provide to            third parties pursuant to contract, to make sales to the            end-use customers it serves. A borough may prohibit            electric generation suppliers from serving end-use            customers within its borough limits; however, such a            borough shall be prohibited from providing generation            service to end-use customers outside of its borough            limits which it did not serve prior to the effective date            of this chapter.                (ii)  The commission shall require any electric            cooperative seeking a certificate under 15 Pa.C.S. Ch. 74            to provide open and nondiscriminatory access to its            transmission and distribution facilities as a condition            to the granting of the certificate.                (iii)  The reliability of the transmission service            provided to electric cooperative corporations must be            comparable to the reliability which the transmission            supplier provides at the wholesale level.            (2)  No electric utility regulated by the commission and        no affiliate of such electric utility may use the        distribution system of another electric utility regulated by        the commission or make sales to end-use customers in another        electric utility's service territory unless the commission        has approved a restructuring plan for the supplying electric        utility which provides for direct access comparable to the        direct access provided under the approved plan of the        electric utility operating the distribution system in the        location where the supplying electric utility seeks to sell        electricity to an end-use customer. No electric utility        regulated by the commission and no affiliate of such electric        utility may use the distribution system of an electric        cooperative corporation or make sales to end-use customers in        the territory of an electric cooperative corporation unless        the commission has approved a restructuring plan for the        supplying electric utility.