Pa. Utilities Must Factor Tax Credits In Improvement Charges

Law360 (July 11, 2019, 6:30 PM EDT) -- A Pennsylvania appeals court ruled Thursday that a recent state law was unambiguous in its requirements that utility providers account for certain tax deductions and credits when calculating how much customers should pay for infrastructure improvement and maintenance.

In a pair of rulings, a three-judge Commonwealth Court panel said statutory language allowing utilities to incorporate tax deductions and credits related to expenses and investments into their rates clearly applied to so-called distribution system improvement charges through which utilities can charge ratepayers for infrastructure upgrades.

The rulings rejected arguments from the state's Public Utility Commission and several utility companies who'd claimed the...

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