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Highlights: PA PUC Public Session of November 9, 2006
Note: Audio from each public meeting is available on the Pennsylvania Public Utility Commission’s website for approximately six months. To access the audio stream for this public meeting, please visit http://www.puc.state.pa.us/general/PMAudio.aspx. The public meeting calendar and agendas may be viewed at http://www.puc.state.pa.us/general/public_meeting.aspx.
At the November 9, 2006 Public Meeting of the Pennsylvania Public Utility Commission (“Commission”), the Commissioners adopted Staff’s recommendations for action by a vote of 4-0 on all items listed on the Main Agenda and Carry-In Agenda, except as reflected herein below under the respective Commission agenda headings. Review of particular items addressed by the Commissioners at this Public Meeting which may be of interest to our clients and our firm are also addressed under the respective Commission agenda headings below. Any relevant motions and statements are attached to the original of this Session Memo filed in the Public Meeting Agenda and Session Memo binder. The next regular Public Meeting is scheduled for Thursday, November 30, 2006 at 10:00 a.m. The minutes of the Public Meeting of September 28, 2006 were unanimously approved without modification.
Bureau of Transportation and Safety
- All matters approved as submitted.
Bureau of Audits
- Aqua Pennsylvania, Inc., AUD-0025 D-05MGT022: Bryn Mawr, PA Focused Management and Operations Audit. Staff has completed an audit of Aqua Pennsylvania, Inc. and issued a report containing 27 recommendations. In response to the audit, Aqua PA has submitted an Implementation Plan indicating acceptance of 23 recommendations and partial acceptance of four recommendations. Staff recommends to make the Audit Report and Implementation Plan public. Vote of 4-0 with no discussion.
- Bureau of Administrative Services
- Evaluation of Proposals To Select The Program Administrator To Perform Functions Under The Alternative Energy Portfolio Standards Act Of 2004, ADM-0006 M-00051865: Staff recommends that the Commission approve the Evaluation Committee’s selection of the Alternative Energy Credits Program Administrator. Postponed until Public Meeting of November 30, 2006.
Office of Special Assistants
- Sunil H. Desai v. Columbia Gas of Pennsylvania, Inc.: OSA-0276* C-20043212 On March 3, 2006, Columbia filed a Petition for Reconsideration regarding the Commission’s Order entered February 17, 2006, which essentially denied Columbia’s Exceptions to the Initial Decision of ALJ. Colwell. Staff recommends that the Commission adopt the proposed Opinion and Order which denies the instant Petition. Postponed until Public Meeting of November 30, 2006.
- Application of AAA Alpine Taxicab Company, LLC:, OSA-0314* A-00121832: filed April 13, 2005. (for the right to transport, as common carrier) Capital City Cab, Keystone Cab, United Cab, and Penn Central Taxi filed timely Protests to the Application. ALJ Melillo’s Initial Decision recommended that Alpine Taxi’s Application be denied. On June 20, 2006, Alpine Taxi filed Exceptions. On June 30, 2006, the Protestants filed Reply Exceptions. Staff recommends that the Commission adopt the proposed Opinion and Order which denies Alpine Taxi’s Exceptions and adopts the ALJ’s Initial Decision. Motion of Chairman Holland to grant exceptions and approve the application finding that the Applicant met its burden of proof of need with written verified statements, that written testimony was not required and Protestants did not object to admission of statements into the record. Vote of 4-0 with no further discussion.
- PA PUC, BTS v. Fantasy Limousine Service, Inc. OSA-0316* A-00108359 A-00108359C0601 (code violation): On March 15, 2006, BTS instituted a Complaint against the Petitioner for failure to have evidence of insurance on file with the Commission. By Secretarial Letter entered July 26, 2006, BTS’ Complaint was sustained, and the Petitioner’s Certificate was revoked. On September 18, 2006, the Petitioner filed a Petition for Reinstatement. BTS did not file an Answer. Staff recommends that the Petition for Reinstatement be granted. Motion of Commissioner Fitzgerald that matter be remanded to OALJ for review of compliance history. Vote of 4-0 with no further discussion.
- Constantine N. Polites v. Aqua Pennsylvania, Inc. OSA-0336*, C-20055157: (test procedures challenged) On July 18, 2005, Complainant filed a Formal Complaint against Aqua challenging the test procedures used by Aqua during the annual inspection of his backflow valve. Aqua filed an Answer on October 14, 2005. Aqua also filed a Motion to Dismiss on October 14, 2005. By Order issued on December 8, 2005, CALJ Smith denied the Motion. By Initial Decision issued on May 11, 2006, ALJ Nguyen recommended that the Complaint be dismissed. Complainant filed Exceptions on May 30, 2006. Aqua filed Reply Exceptions on June 12, 2006. Staff recommends that the Commission adopt the proposed Opinion and Order which denies the Complainant’s Exceptions and adopts the ALJ’s Initial Decision. Vote of 4-0 with no further discussion.
- AT&T Communications of Pennsylvania, Inc. v. Verizon North, Inc., OSA-0353* C-20027195, (seeking reduction of access charges). On March 31, 2002, AT&T filed a Formal Complaint against Verizon North seeking that Verizon - North’s access charges be reduced to Verizon Pennsylvania Inc.’s levels pursuant to the Commission’s Merger Order at Docket No. A-310200F0002. On December 7, 2005, ALJ Fordham’s Recommended Decision on Remand was issued wherein she recommended elimination of the Carrier Charge and reductions to traffic sensitive access charges to interstate levels. Exceptions and Reply Exceptions were filed. Staff recommends that the Commission grant the Parties’ Exceptions in part and deny them in part; and modify the ALJ’s Recommended Decision, consistent with the proposed Opinion and Order. Matter postponed until Public Meeting of November 30, 2006.
Bureau of Fixed Utility Services
- Application filed August 8, 2006, by Little Washington Wastewater Company, FUS-0867* A-230240F0031: for approval to begin to offer, render, furnish, or supply wastewater service to the public in a portion of Londonderry Township, Chester County. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
Law Bureau
- Nutmeg Energy, Inc., Gas City Oil and Gas Corporation, and Exley Oil and Gas Corporation (Nutmeg Energy) L-0055 R* P-00062204 Petition for Declaratory Order asking the Commission to determine that it is not a “public utility” due to its limited provision of natural gas service. Staff recommends that the Petition be denied, consistent with the proposed Order. Matter postponed until Public Meeting of November 30, 2006.
- Implementation of the Alternative Energy Portfolio Standards Act of 2004: Policy Statement Order, L0065* M-00051865: Staff recommends that the Commission adopt the draft Order that finalizes the Policy Statement, to be published in the Pennsylvania Bulletin. Matter postponed until Public Meeting of November 30, 2006.
- Policy Statement Re: Public Notice Standards Relating to Unscheduled Water Service Interruptions and Associated Actions. L-0068*, M-00061956: Staff recommends that the Commission adopt the Policy Statement, as amended, to be published in the Pennsylvania Bulletin. Vote of 4-0 with no discussion.
- Request of D&E Systems, Inc., d/b/a D&E Communications, L-0073* M-00021635F0043: for One Block of 1,000 Telephone Numbers in the 717 NPA. Staff recommends that the one 1K block in the 717 NPA be assigned to D&E for use by the specific customer and that Neustar Pooling Administration assign the 1K block within three business days of receipt of D&E’s resubmission of its numbering request pursuant to the proposed Order. Vote of 4-0 with no discussion.
- LBPS v. Ten Named Water, Wastewater and Gas Utilities for 2004 Annual Report Delinquency, L-0075*, C-20066097, et al: Staff recommends that the Commission impose a civil penalty in the amount of $1,000 on the ten Respondents that were served but failed to respond to the Complaints, consistent with the proposed Default Orders, to be published in the Pennsylvania Bulletin. Vote of 4-0 with no discussion.
- LBPS v. Two Named Water and Wastewater Utilities for 2004 Annual Report Delinquency, L-0076* C-20066152: Staff recommends that the Commission impose a civil penalty in the amount of $1,000 on the respondents that were unable to be served with the Complaints, consistent with the proposed Default Orders, to be published in the Pennsylvania Bulletin. Vote of 4-0 with no discussion.
- LBPS v. Seven Named Telecommunication Utilities for 2004 Annual Report Delinquency, L-0077* C-20066109, et al: Staff recommends that the Commission cancel the Certificates of each of the seven Respondents that were unable to be served with the Complaints, consistent with the proposed Default Orders, to be published in the Pennsylvania Bulletin. Vote of 4-0 with no discussion.
- LBPS v. 15 Named Telecommunication Utilities for 2004 Annual Report Delinquency: L-0078* L-0079*, C-20066102, et al: Staff recommends that the Commission cancel the Certificates of the fifteen Respondents that were served but failed to respond to the Complaints, consistent with the proposed Default Orders, to be published in the Pennsylvania Bulletin. Vote of 4-0 with no discussion.
Office of Administrative Law Judge
- PA PUC, et al. v. Duquesne Light Company (DLC), ALJ-0603* R-00061346C0001, R-00061346C0002, R-00061346C0005, R-00061346C0007, R-00061346C0008: On April 7, 2006, DLC filed Tariff Electric-Pa. P.U.C. No. 24, replacing in its entirety its Tariff Electric-Pa. P.U.C No. 23, proposing an annual increase in retail distribution rates. DLC also informed the Commission that transmission service charges reflected in retail rates are expected to increase effective June 1, 2006. By Order entered May 4, 2006, the Commission instituted an investigation and suspended the tariff until January 6, 2007. Complaints and Petitions to Intervene were filed. Hearings were held. On September 14, 2006, a Joint Petition for Settlement of all Issues was filed. Review of ALJ Gesoff’s Recommended Decision adopting the Settlement. Matter postponed until Public Meeting of November 30, 2006.
CARRY IN AGENDA
Law Bureau
- Investigation Regarding Interstate Access Charges and IntraLATA Toll Rates of Rural Carriers and the Pennsylvania Universal Service Fund. Staff recommends that the Commission adopt the proposed Order which addresses the Joint Motion, the PSI filings of Denver & Ephrata, Buffalo Valley and Conestoga Telephone Companies and the Continuation of the PA Universal Service Fund. Vote of 4-0 with no discussion.
THE NEXT REGULAR MEETING IS SCHEDULED FOR
THURSDAY, NOVEMBER 30, 2006 AT 10:00 AM.
NOTES: • Retirement of Doug Beebe
• Veteran’s Day Ceremony
*Denotes Order
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