Title
Authorizing the City of Philadelphia to terminate an agreement by and between the City of Philadelphia and the Philadelphia Facilities Management Corporation relating to the operation of the Philadelphia Gas Works and establishing the powers, duties and responsibilities of the Philadelphia Gas Commission with respect to the Philadelphia Gas Works.
Body
WHEREAS, The City of Philadelphia (the "City") is the owner of a group of real and personal assets and gas works facilities known as the Philadelphia Gas Works (the "Gas Works"); and
WHEREAS, The City and the Philadelphia Facilities Management Corporation ("PFMC"), as authorized by an ordinance approved on December 29, 1972, (Bill No. 455), as amended, entered into an agreement relating to the operation and management of the Gas Works (the "Management Agreement"); and
WHEREAS, The Management Agreement authorizes PFMC to manage and operate the Gas Works for the sole and exclusive benefit of the City and also authorizes the Philadelphia Gas Commission (the "Gas Commission") to fix and regulate charges for supplying gas to customers, other than the City and the Board of Education; and
WHEREAS, The General Assembly of the Commonwealth of Pennsylvania recently amended Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes and enacted the Public Utilities-Natural Gas Act, Act No. 1999-21, ("Act 21") which provides that subject to certain provisions of Act 21, a "city natural gas distribution operation" shall be subject to regulation and control by the Pennsylvania Public Utility Commission and specifically provides at Section 2212(b) that, "Subject to the provisions of this section, commencing July 1, 2000, public utility service being furnished or rendered by a city natural gas distribution operation within its municipal limits shall be subject to regulation and control by the commission with the same force as if the service were rendered by a public utility."; and
WHEREAS, The ...
Click here for full text