Received 6/19/2020 2:58:13 PM Supreme Court Middle District
`
`Filed 6/17/2020 2:58:00 PM Supreme Court Middle District
`104 MM 2020
`
`IN THE SUPREME COURT OF PENNSYLVANIA
`
`NO. 104 MM 2020
`
`THE HONORABLE TOM WOLF, GOVERNOR OF
`THE COMMONWEALTH OF PENNSYLVANIA,
`Petitioner,
`
`v.
`
`SENATOR JOSEPH B. SCARNATI, III, SENATOR JAKE CORMAN, AND
`SENATE REPUBLICAN CAUCUS,
`Respondents.
`
`AMENDED APPLICATION FOR LEAVE TO FILE AMICUS BRIEF OF
`THE COALITION FOR AFFORDABLE UTILITY SERVICE AND ENERGY
`EFFICIENCY IN PENNSYLVANIA,
`TENANT UNION REPRESENATIVE NETWORK,
`AND ACTION ALLIANCE OF SENIOR CITIZENS OF GREATER
`PHILADELPHIA
`
`1.
`
`On June 12, 2020, Governor Tom Wolf filed an Application for
`
`Extraordinary Relief, requesting this Honorable Court exercise King’s Bench or
`
`Extraordinary Jurisdiction to evaluate the force of the General Assembly’s
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`Concurrent Resolution ending the Governor’s March 6, 2020 Declaration of
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`Emergency Disaster pursuant to the Presentment Clause of the Pennsylvania
`
`Constitution, Article III, Section 9.
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`

`

`2.
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`On June 15, 2020, Respondents Senator Joseph B. Scarnatti, III,
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`Senator Jake Corman, and Senate Republican Caucus filed a No Answer Letter to
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`the Application.
`
`3.
`
`This Court’s determination concerning the Proclamation of
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`Emergency Disaster has the potential to impact the health and safety of hundreds
`
`of thousands of residential utility customers in Pennsylvania.
`
`4.
`
`Given the importance of this issue and the unique perspective the
`
`amici curiae can offer as advocates for low-income utility consumers, seniors, and
`
`tenants with respect to utility service rights, the amici curiae respectfully ask the
`
`Court for permission to file an amicus brief in this matter.
`
`5.
`
`Due to the emergent nature of this matter, the amici curiae have
`
`attached the Brief proposed to be filed as Exhibit A hereto.
`
`6.
`
`On June 19, 2020, the Supreme Court of Pennsylvania Office of the
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`Prothonotary served amici with a letter requiring it to file an amended proposed
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`Brief or supplement in compliance with Pa. R.A.P 531(b)(2). Amici hereby file
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`this Amended Application for Leave to File Amicus Brief and amended proposed
`
`Brief in compliance therewith.
`
`6.
`
`Pursuant to Pa. R.A.P. 531(b)(2), a statement of interest of the amici
`
`curiae is included on pages 1 and 2 of its proposed Brief (Exhibit A). As noted
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`
`
`
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`

`

`therein, and as amended in compliance with the June 19, 2020 letter from the
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`Office of the Prothonotary, amici curiae certifies that it has not been paid in whole
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`or in part for the preparation of its proposed Brief by any person or entity other
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`than the amici curiae, nor has anyone other than the amici curiae, its members, or
`
`its counsel authored the proposed Brief in whole or in part.
`
`7.
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`Apart from the amendments described in paragraph 6, the proposed
`
`Brief in Exhibit A has not otherwise been amended from the version filed by
`
`amici curiae on June 17, 2020.
`
`Respectfully submitted,
`
`Counsel for Amici Curiae
`
`
`/s/ Robert W. Ballenger
`Robert W. Ballenger, Esq.
`PA ID. No. 93434
`Community Legal Services, Inc.
`1424 Chestnut Street
`Philadelphia, PA 19102
`215-981-3700
`rballenger@clsphila.org
`
`On behalf of TURN and Action Alliance
`
`June 19, 2020
`
`
`
`
`
`
`
`/s/ Elizabeth R. Marx
`Elizabeth R. Marx, Esq.
`PA ID. No. 309014
`John W. Sweet, Esq.
`PA ID. No. 320182
`Ria Pereira, Esq.
`PA ID. No. 316771
`Pennsylvania Utility Law Project
`118 Locust Street
`Harrisburg, PA 17101
`717-710-3825
`emarxpulp@palegalaid.net
`
`On behalf of CAUSE-PA
`
`
`

`

`
`
`
`
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`
`
`
`

`

`IN THE SUPREME COURT OF PENNSYLVANIA
`
`NO. 104 MM 2020
`
`
`THE HONORABLE TOM WOLF, GOVERNOR OF
`THE COMMONWEALTH OF PENNSYLVANIA,
`Petitioner,
`
`v.
`
`
`
`
`
`SENATOR JOSEPH B. SCARNATI, III, SENATOR JAKE CORMAN, AND
`SENATE REPUBLICAN CAUCUS,
`Respondents.
`
`
`
`AMENDED BRIEF OF AMICI CURIAE THE COALITION FOR
`AFFORDABLE UTILITY SERVICE AND ENERGY EFFICIENCY IN
`PENNSYLVANIA, TENANT UNION REPRESENATIVE NETWORK,
`AND ACTION ALLIANCE OF SENIOR CITIZENS OF GREATER
`PHILADELPHIA
`
`
`
`Governor Wolf’s Application for the Court to Exercise Jurisdiction Pursuant to its
`King’s Bench Powers and/or Powers to Grant Extraordinary Relief
`Filed June 12, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`TABLE OF CONTENTS
`
`
`STATEMENT OF INTEREST OF AMICI CURIAE ............................................... 1
`SUMMARY OF ARGUMENT ................................................................................. 3
`ARGUMENT ............................................................................................................. 4
`I. Lifting the Proclamation of Disaster Emergency at this Time will Put
`Vulnerable Utility Consumers and Public Health at Risk of Harm. ............... 4
`A. Hundreds of Thousands of Pennsylvania Residents May Lose Utility
`Service if the Proclamation is Lifted. ........................................................ 6
`B. Allowing Utility Terminations to Resume Will Disproportionately
`Impact the Health and Safety of Low Income Seniors and People of
`Color ........................................................................................................11
`CONCLUSION ........................................................................................................14
`
`
`
`
`
`
`
`
`
`i
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`

`

`TABLE OF AUTHORITIES
`
`Statutes
`66 Pa. C.S. §1501 ....................................................................................................... 5
`Regulations
`52 Pa. Code §3.2 ........................................................................................................ 5
`52 Pa. Code §3.6 ........................................................................................................ 5
`Federal and State Administrative Materials
`2019 Amendments to Policy Statement on Customer Assistance Programs, Final
`Policy Statement and Order, Pa. PUC Docket No. M-2019-3013599 ..................13
`Joint State Government Commission, General Assembly of the Commonwealth of
`Pennsylvania, Homelessness in Pennsylvania: Causes, Impacts, and Solutions: A
`Task Force and Advisory Committee Report ......................................................... 9
`Pa. Dep’t of Health, COVID-19 Data for Pennsylvania ..........................................11
`Pa. Dep’t of Health, Weekly Report for Deaths Attributable to COVID-19, Issued
`June 12, 2020.................................................................................................. 11, 13
`Pa. PUC Emergency Order, Public Utility Service Termination Moratorium
`Proclamation of Disaster Emergency - COVID-19, Pa PUC Docket No. M-2020-
`3019244 ...............................................................................................................4, 5
`Pa. PUC, Sixth Report to the General Assembly and the Governor pursuant to
`section 1415,............................................................................................................ 7
`Responses to Secretarial Letter, Pa PUC Docket No. M-2020-3020055 ..............6, 7
`Secretarial Letter Re: COVID-19 Customer Service, Billing, and Public Outreach
`Provisions Request for Utility Information, Pa PUC Docket No. M-2020-
`3020055 (May 29, 2020) ......................................................................................... 6
`United States Census Bureau, QuickFacts, Pennsylvania .......................................13
`Other Authorities
`“CDC Chief Warns Second COVID-19 Wave May be Worse, Arriving with Flu
`Season,” Reuters ...................................................................................................10
`Ariel Drehobl & Lauren Ross, “Lifting the High Energy Burden in America’s
`Largest Cities,” ACEEE ........................................................................................13
`Diana Hernández and Eva Laura Siegel, “Is Energy Insecurity Making Us Sick?,”
`Public Health Post .................................................................................................12
`Diana Hernández, “Understanding ‘energy insecurity’ and why it matters to
`health,” Social Science & Medicine .....................................................................13
`ii
`
`
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`

`

`Graff, M., Carley, S. “COVID-19 assistance needs to target energy insecurity.” Nat
`Energy 5, 352-354 .................................................................................................13
`Liz Szabo and Hannah Recht, “The other COVID-19 risk factors: How race,
`income, ZIP code can influence life and death,” USA Today ..............................12
`Nat’l Fire Protection Ass’n, Fire Analysis & Research Division, “Home Fires
`Involving Heating Equipment” ............................................................................... 9
`Patricia Jones et al., “The Invisible Crisis: Water Unaffordability in the United
`States,” UUSC ......................................................................................................... 9
`Rachel Frazin, “Experts See Worrisome Link Between Coronavirus, Pollution,”
`The Hill .................................................................................................................12
`Samantha Artiga, Rachel Garfield, Kendal Orgera, “Communities of Color at
`Higher Risk for Health and Economic Challenges Due to COVID-19,” Kaiser
`Family Foundation ................................................................................................12
`Vanessa Williams, “Disproportionately black counties account for over half of
`coronavirus cases in the U.S. and nearly 60% of deaths, study finds,”
`Washington Post ....................................................................................................12
`Xiao Wu & Rachel C. Nethery, Dep’t of Biostatistics, “Exposure to Air Pollution
`and COVID-19 Mortality in the United States,” Harvard TH Chan School of
`Public Health .........................................................................................................12
`
`
`
`
`
`
`iii
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`

`

`STATEMENT OF INTEREST OF AMICI CURIAE
`
`Amici curiae are non-profit associations and organizations with stated
`
`missions to help low-income and moderate-income households connect to and
`
`maintain affordable utility service. Amici have a special interest and substantial
`
`expertise regarding energy poverty and insecurity, utility affordability, and the
`
`consequences of utility terminations on economically vulnerable consumers.
`
`Pursuant to Pa. R.A.P. 531(b)(2), amici certifies that it has not been paid in whole
`
`or in part for preparation of this Brief by any person or entity, other than the amici,
`
`nor has anyone other than amici, its members, or its counsel authored the proposed
`
`Brief in whole or in part.
`
`The Coalition for Affordable Utility Service and Energy Efficiency in
`
`Pennsylvania (“CAUSE-PA”) is an unincorporated association of moderate and
`
`low-income individuals that advocates on behalf of its members to enable consumers
`
`of limited economic means to connect to and maintain affordable water, electric,
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`heating and telecommunication services. CAUSE-PA membership includes
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`moderate- and low-income individuals residing in the Commonwealth of
`
`Pennsylvania who are committed to the goal of helping low-income families
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`maintain affordable access to utility services and achieve economic independence.
`
`CAUSE-PA is a frequent participant in utility regulatory proceedings and litigation
`
`impacting the ability for economically vulnerable Pennsylvanians to access and
`
`
`
`1
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`

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`maintain utility services.
`
`Tenant Union Representative Network (“TURN”) is a city-wide tenant
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`service and advocacy organization in the City of Philadelphia. TURN’s goal is to
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`guarantee to all Philadelphians equal access to safe, decent, accessible, and
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`affordable housing, including the vital utility service necessary for tenants to safely
`
`occupy their homes. TURN advocates on behalf of tenants and homeless people,
`
`organizes stakeholders to fight for justice in housing, empowers the community
`
`through tenants’ rights trainings, and forms coalitions with individuals and
`
`organizations to advance its mission. TURN is a frequent participant in utility
`
`regulatory proceedings and utility litigation impacting Philadelphia tenants’ rights
`
`to affordable utility service.
`
`Action Alliance of Senior Citizens of Greater Philadelphia (“Action
`
`Alliance”) was founded decades ago to advocate for policies that preserve the
`
`dignity of older people in the Philadelphia metropolitan area. Action Alliance is led
`
`by seniors and seeks to move into action retirees, senior citizens, and their allies and
`
`supporters to advance the needs of seniors for affordable services and access to
`
`programs that benefit them. Action Alliance is a frequent participant in utility
`
`regulatory proceedings and utility litigation impacting upon the senior citizens of
`
`Philadelphia, for whom affordable utility service is a critical, life-essential need.
`
`
`
`
`
`
`
`2
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`

`

`SUMMARY OF ARGUMENT
`
`The Governor’s Proclamation of Disaster Emergency, signed March 6, 2020
`
`(“Proclamation of Disaster” or “Proclamation”), triggered action by multiple
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`Commonwealth agencies, local agencies, and political subdivisions to protect the
`
`citizens of the Commonwealth from the impact of the novel coronavirus, COVID-
`
`19. Of crucial significance and importance to amici, the Pennsylvania Public Utility
`
`Commission (“PUC”) issued an Emergency Order, one week after the Proclamation,
`
`prohibiting utilities under its jurisdiction from terminating utility service to
`
`residential consumers. That Emergency Order is directly tied to, and of coextensive
`
`duration with, the Proclamation of Disaster. Accordingly, lifting the Proclamation
`
`creates the extraordinary risk of an unprecedented wave of utility service
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`terminations across the Commonwealth.
`
`The public health implications of widespread utility terminations in the face
`
`of this pandemic are serious and far-ranging. Termination of utility service will
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`negatively impact hundreds of thousands of customers’ ability to properly wash and
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`sanitize to help curb the spread of the virus in accordance with public health
`
`guidelines, and the loss of electric and gas service will impede their ability to stay
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`safe within their homes. Even if those currently struggling to afford utility service
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`now as a result of a job loss, loss of income, or business closure are able to return to
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`work or are able to access additional financial resources, many will not be capable
`
`
`
`3
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`

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`of repaying the indebtedness they have incurred in time to avoid termination. The
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`PUC, utilities, and other stakeholders need time to develop a plan to deal with the
`
`unprecedented number of consumers who have fallen behind on utility bills and lack
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`the resources to pay mounting debts. These consumers cannot afford the risk of
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`service termination now, or in the immediate future, while these plans are developed.
`
`ARGUMENT
`
`I.
`
`Lifting the Proclamation of Disaster Emergency at this Time will Put
`Vulnerable Utility Consumers and Public Health at Risk of Harm.
`On March 13, 2020, the PUC issued an Emergency Order prohibiting all
`
`electric, natural gas, water, wastewater, telecommunications, and steam utilities
`
`under its jurisdiction from terminating service for non-payment during the pendency
`
`of the Governor’s Proclamation.1 In its Emergency Order, the PUC points out the
`
`“unique circumstances presented by the COVID-19 pandemic,” and asserts that
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`“establishing a termination moratorium for utility services – including electric,
`
`natural gas, water, wastewater, telecommunications, and steam – is consistent with
`
`the Governor’s Proclamation of Disaster Emergency and the requirements of Section
`
`1501.”2 The moratorium on utility terminations was issued pursuant to the
`
`
`1 Pa. PUC Emergency Order, Public Utility Service Termination Moratorium Proclamation of
`Disaster Emergency - COVID-19, Pa PUC Docket No. M-2020-3019244 (Mar. 13, 2020),
`available at: http://www.puc.pa.gov/general/pdf/Emergency_Order_M-2020-
`3019244_031320.pdf.
`2 Id.
`
`
`
`4
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`extraordinary authority established by the Proclamation, suspending the provisions
`
`of regulatory statutes and regulations that would “in any way prevent, hinder, or
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`delay necessary action in coping with” the COVID-19 emergency.3
`
`In establishing the moratorium, PUC Chairman Gladys Brown Dutrieuille
`
`explained:
`
`It is beyond argument that the provision of public utility service is
`necessary for the safety of the public. This is especially the case under
`the current challenges that resulted in the Proclamation of a pandemic
`emergency. Irreparable injury to the public is likely to occur with
`disruption of service, creating a clear and present danger to life.4
`Rescinding the Proclamation will effectively end the termination moratorium set
`
`forth in the PUC’s Emergency Order. If the Proclamation is lifted, hundreds of
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`thousands of utility customers will be at risk of service termination. Customers
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`whose service is terminated will face difficulty maintaining proper sanitation and
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`safety at home, and may be effectively displaced – requiring these economically
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`vulnerable Pennsylvanians to seek shelter with friends and relatives or in a
`
`
`3 Id. Absent the explicit authority provided in the Proclamation, the PUC could, pursuant to its
`broad statutory authorization to ensure that every public utility furnishes and maintains adequate,
`efficient, safe and reasonable service, provide additional protection from service termination. 66
`Pa. C.S. § 1501. In order to seek that relief, amici would be required to file a petition for
`emergency order or interim emergency relief to avoid the unprecedented and extraordinary risk
`that widespread termination of utility service would create at this time. See, e.g., 52 Pa. Code §§
`3.2, 3.6. This would require additional resources and time, further delaying progress to develop a
`plan to address the build-up of arrears.
`4 Pa. PUC Emergency Order, Public Utility Service Termination Moratorium Proclamation of
`Disaster Emergency - COVID-19, Pa. PUC Docket No. M-2020-3019244 (Mar. 13, 2020),
`available at: http://www.puc.pa.gov/general/pdf/Emergency_Order_M-2020-
`3019244_031320.pdf.
`
`
`
`5
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`congregate emergency shelter. Each of these results would place the household at
`
`greater risk of exposure to COVID-19.
`
`Lifting the moratorium at this time, before the PUC, utilities, and other
`
`stakeholders develop and implement a plan to address the large number of customers
`
`at risk of termination, could further exacerbate the public health emergency, and is
`
`likely to have a disparate impact on seniors, low-income households, and people of
`
`color.
`
`A. Hundreds of Thousands of Pennsylvania Residents May Lose Utility
`Service if the Proclamation is Lifted.
`The PUC has initiated an investigation into how utilities intend to address the
`
`number of households within each utility’s service territory that would be at risk of
`
`termination if the moratorium is lifted today.5 According to data reported by
`
`regulated utilities in response to the PUC investigation, approximately 700,000
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`residential customers of the major electric and natural gas utilities in Pennsylvania
`
`could be subject to immediate termination if the moratorium prohibiting
`
`terminations were to expire.6 This would be a 150% increase over the total number
`
`
`5 See Secretarial Letter Re: COVID-19 Customer Service, Billing, and Public Outreach
`Provisions Request for Utility Information, Pa PUC Docket No. M-2020-3020055 (May 29,
`2020), available at: http://www.puc.pa.gov/about_puc/consolidated_case_view.aspx?Docket=M-
`2020-3020055.
`6 See Responses to Secretarial Letter, Pa PUC Docket No. M-2020-3020055, of: Peoples Natural
`Gas Co. (June 8, 2020), available at http://www.puc.state.pa.us/pcdocs/1665660.pdf;
`Philadelphia Gas Works (June 8, 2020), available at
`http://www.puc.state.pa.us/pcdocs/1665663.pdf; National Fuel Gas Distribution Corp. (June 8,
`2020), available at http://www.puc.state.pa.us/pcdocs/1665771.pdf; Duquesne Light Co. (June 9,
`
`
`
`6
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`of residential customers whose service was terminated during the entirety of 2018.7
`
`As of the date of this filing, not all of the regulated water companies had reported
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`data about pending terminations to the PUC, though partial data from four of the five
`
`largest regulated water companies indicates that over 55,000 regulated water
`
`customers in Pennsylvania could be subject to immediate termination if the
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`moratorium is lifted.8 Importantly, these figures do not include residential
`
`consumers eligible for termination at the more than 1,200 water and wastewater
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`authorities in Pennsylvania or the 14 electric cooperatives that are not subject to PUC
`
`jurisdiction. These authorities and cooperatives have thus far voluntarily complied
`
`with the PUC’s moratorium.
`
`Even in a typical year (which this is not), many customers who are
`
`involuntarily terminated for non-payment are unable to reconnect service. In 2018,
`
`
`2020), available at http://www.puc.state.pa.us/pcdocs/1665814.pdf; PECO Energy Co. (June 12,
`2020), available at http://www.puc.state.pa.us/pcdocs/1666283.pdf; UGI Corp. (June 12, 2020),
`available at http://www.puc.state.pa.us/pcdocs/1666335.pdf; FirstEnergy Cos. (June 15, 2020),
`available at http://www.puc.state.pa.us/pcdocs/1666456.pdf; Columbia Gas of Pa. (June 15,
`2020), available at http://www.puc.state.pa.us/pcdocs/1666537.pdf; PPL Electric (June 15,
`2020), available at http://www.puc.state.pa.us/pcdocs/1666539.pdf.
`7 See Pa. PUC, Sixth Report to the General Assembly and the Governor pursuant to section
`1415, available at: http://www.puc.state.pa.us/general/publications_reports/pdf/Chapter14-
`Biennial013020.pdf.
`8 See Responses to Secretarial Letter, Pa PUC Docket No. M-2020-3020055, of: Pa. American
`Water (June 15, 2020), available at http://www.puc.state.pa.us//pcdocs/1666631.pdf; Suez (June
`10, 2020), available at http://www.puc.state.pa.us//pcdocs/1666547.pdf; Pittsburgh Water and
`Sewer Authority (June 8, 2020), available at http://www.puc.state.pa.us//pcdocs/1665654.pdf;
`York Water Company (June 9, 2020), available at
`http://www.puc.state.pa.us//pcdocs/1665772.pdf. Aqua Pennsylvania, one of the two largest
`regulated water companies in Pennsylvania, had not yet reported data to the PUC in response to
`its investigation at the time of this filing.
`
`
`
`7
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`the most recent year for which data is publicly available, more than 300,000
`
`households had their gas and/or electricity shut off. More than 130,000 of those
`
`households were confirmed to be low-income. In comparison, fewer than 230,000
`
`households were reconnected in 2018, less than 100,000 of which were low income.9
`
`Likewise, in 2018, PUC regulated water utilities shut off service to almost 34,000
`
`households and reconnected service
`
`to approximately 28,000 households.
`
`Accordingly, even before the pandemic and the associated financial impacts on
`
`Pennsylvania communities, data indicates that gas and electric terminations exceed
`
`reconnections by approximately 25%, and that water terminations exceed
`
`reconnections by approximately 18%.10 In short, once service is terminated for
`
`nonpayment, many households are not able to reconnect. If utilities are permitted to
`
`proceed with involuntary terminations now, customers will face greater financial
`
`obstacles to reconnection, and the percentage of customers who are unable to
`
`reconnect service is likely to increase significantly over past years.
`
`The loss of any critical utility service has a profound impact on the health and
`
`safety of the entire household, as well as the community as a whole. For example,
`
`involuntary termination of utility service can impact a parent’s custodial rights,
`
`
`9 Id.
`10 It is also important to note that when utilities terminate service for nonpayment, not only does
`the utility incur additional cost, but the customer being terminated must pay a reconnection fee,
`which can prove insurmountable for economically vulnerable consumers.
`
`
`
`8
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`

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`which can cause long-term impacts on child development and adds significantly to
`
`the cost of providing family and social services.11 Loss of utility service can also
`
`lead to eviction from private and public housing and/or the loss of housing
`
`assistance, and is a common catalyst to homelessness.12 Furthermore, households
`
`that are unable to use their primary heating system often experience significant
`
`health impacts as a result of exposure to cold temperatures, and many resort to
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`dangerous, high usage / high cost heating methods that increase the risk of carbon
`
`monoxide poisoning and house fires.13 As we move into the hot summer months,
`
`families that lose electricity to their home will not be able to appropriately cool their
`
`homes, putting them at risk of heat-related illness. Exposure to excessive heat due
`
`to inadequate cooling in the home is particularly dangerous for Pennsylvania’s
`
`seniors, who may not be able to safely visit cooling centers through the summer due
`
`to the risks associated with the spread of COVID-19. In time, families who have
`
`lost electric or natural gas service will lack a safe home heating source in winter
`
`
`11 See Patricia Jones et al., “The Invisible Crisis: Water Unaffordability in the United States,”
`UUSC (May 2016), available at:
`http://www.uusc.org/sites/default/files/the_invisible_crisis_web.pdf.
`12 See Joint State Government Commission, General Assembly of the Commonwealth of
`Pennsylvania, Homelessness in Pennsylvania: Causes, Impacts, and Solutions: A Task Force and
`Advisory Committee Report (2016).
`13 See Nat’l Fire Protection Ass’n, Fire Analysis & Research Division, “Home Fires Involving
`Heating Equipment”, at 1 (Dec. 2018) (finding that space heaters cause 44% of all home heating
`related fires, and 86% of deaths caused by home heating related fires).
`
`
`
`9
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`

`

`months, when some experts predict a resurgence of COVID-19.14 These are just
`
`some of the many consequences of involuntary utility terminations individuals,
`
`families, and the broader community.
`
`Notably, the need for continued access to water service is particularly
`
`important to fighting the pandemic and the lack of access to affordable, clean water
`
`will exacerbate the current public health crisis. Indeed, lack of access to running
`
`water and waste water service is particularly dangerous for children, seniors, and
`
`individuals with medical needs, who are more susceptible to the spread of illness. At
`
`a fundamental level, access to water for drinking, bathing, cooking, personal
`
`hygiene, toileting, and sanitation are all jeopardized when water service is
`
`terminated, placing individual households and the greater community at risk.
`
`Amici submit that it is imperative for the health, safety, and welfare of our
`
`communities that the moratorium on utility service terminations remain in effect to
`
`allow the PUC and other stakeholders to develop a plan to address the build-up of
`
`utility arrears. Lifting the Proclamation, rendering the current PUC moratorium no
`
`longer effective, would immediately place hundreds of thousands of Pennsylvania
`
`households and the communities in which they live and work at risk of substantial
`
`
`14 The Director of the Centers for Disease Control and Prevention recently warned of “a
`possibility that the assault of the virus on our nation next winter will actually be even more
`difficult than the one we just went through.” “CDC Chief Warns Second COVID-19 Wave May
`be Worse, Arriving with Flu Season,” Reuters (April 21, 2020),
`https://www.reuters.com/article/us-health-coronavirus-usa-winter/cdc-chief-warns-second-covid-
`19-wave-may-be-worse-arriving-with-flu-season-idUSKCN2233E8
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`and lasting harm.
`
`B. Allowing Utility Terminations to Resume Will Disproportionately
`Impact the Health and Safety of Low Income Seniors and People of
`Color
`As of June 15, 2020, Pennsylvania had 76,883 confirmed cases of the virus
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`and 6,162 deaths.15 This is a profound loss of life that has impacted every corner of
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`our community. Amici are particularly concerned, however, about
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`the
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`disproportionate health impact that this pandemic is having on seniors, low income,
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`and Black Pennsylvanians – all of which face greater risks to their health and safety
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`in the event of utility service termination.
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`The heightened risk of mortality among seniors due to COVID-19 is widely
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`known, and readily shown by Pennsylvania’s experience.16 In order to avoid the
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`heightened health risk they face if exposed to COVID-19, seniors must continue to
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`be able to maintain health and comfort in their homes, with safe, essential utility
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`service.
`
`
`15 Pa. Dep’t of Health, COVID-19 Data for Pennsylvania,
`https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx.
`16 Pa. Dep’t of Health, Weekly Report for Deaths Attributable to COVID-19, Issued June 12,
`2020, available at:
`https://www.health.pa.gov/topics/Documents/Diseases%20and%20Conditions/COVID-
`19%20Death%20Reports/Weekly%20Report%20of%20Deaths%20Attributed%20to%20COVID
`-19%20--%202020-06-12.pdf.
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`Distressingly, data is now emerging to show that the health impact and
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`resulting loss of life as a result of the pandemic is also more profound in low-income
`
`and Black communities.17 Low-income and predominantly Black communities are
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`more likely to live in substandard housing with mold and ventilation problems, more
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`likely to live in close proximity to polluting industries, and more likely to lack access
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`to adequate health care – all of which are factors that have been directly correlated
`
`with poor health outcomes related to COVID-19 exposure.18 The result of this
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`disparity is painfully illustrated by the fact that Black people only account for
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`approximately 12% of Pennsylvania’s population,19 but account for 21% of the
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`state’s COVID-19 related deaths.20
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`Low income households and people of color in Pennsylvania likewise face a
`
`
`17 Liz Szabo and Hannah Recht, “The other COVID-19 risk factors: How race, income, ZIP code
`can influence life and death,” USA Today, April 22, 2020, available at:
`https://www.usatoday.com/story/news/health/2020/04/22/how-coronavirus-impacts-certain-
`races-income-brackets-neighborhoods/3004136001/; See also Vanessa Williams,
`“Disproportionately black counties account for over half of coronavirus cases in the U.S. and
`nearly 60% of deaths, study finds,” Washington Post, May 6, 2020, available at:
`https://www.washingtonpost.com/nation/2020/05/06/study-finds-that-disproportionately-black-
`counties-account-more-than-half-covid-19-cases-us-nearly-60-percent-deaths/ .
`18 Xiao Wu & Rachel C. Nethery, Dep’t of Biostatistics, “Exposure to Air Pollution and COVID-
`19 Mortality in the United States,” Harvard TH Chan School of Public Health (April 5, 2020),
`https://projects.iq.harvard.edu/files/covid-pm/files/pm_and_covid_mortality.pdf; see also Rachel
`Frazin, “Experts See Worrisome Link Between Coronavirus, Pollution,” The Hill (April 12,
`2020), https://thehill.com/policy/energy-environment/492314-experts-see-worrisome-link-
`between-coronavirus-pollution; Samantha Artiga, Rachel Garfield, Kendal Orgera,
`“Communities of Color at Higher Risk for Health and Economic Challenges Due to COVID-19,”
`Kaiser Family Foundation (April 7, 2020), https://www.kff.org/disparities-policy/issue-
`brief/communities-of-color-at-higher-risk-for-health-and-economic-challenges-due-to-covid-19/;
`Diana Hernández and Eva Laura Siegel, “Is Energy Insecurity Making Us Sick?,” Public Health
`Post (July 25, 2019), available at: https://www.publichealthpost.org/research/is-energy-
`insecurity-making-us-sick/; see also, Diana Hernández, “Understanding ‘energy insecurity’ and
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`heightened risk of energy insecurity, and are at greater risk of utility termination as
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`a result of their inability to pay. Research