Thomas, Long, Niesen & Kennard Law

Highlights: PA PUC Public Session of December 7, 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 December 7, 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, December 21, 2006 at 10:00 a.m. The minutes of the Public Meeting of November 9, 2006 were unanimously approved without modification.

Bureau of Transportation and Safety

All matters approved as submitted.

Office of Special Assistants

Buffalo Valley Telephone Company, OSA-0240 R* R-00061375 P-00981428F1000 Supplement No. 54 to Tariff Pa. PUC No. 7 and Supplement No. 8 to Tariff Pa. PUC No. 8. 2006 Annual Price Stability Index/Service Price Index. Petition for Reconsideration of the Commission’s June 23, 2006 Opinion and Order. Staff recommends that the Commission adopt the proposed Opinion and Order denying Buffalo Valley’s Petition. Vote of 4-0 with no discussion.

Conestoga Telephone & Telegraphy Company, OSA-0241 R* R-00061376 P-00981429F1000: Supplement No. 206 to Tariff Pa. PUC No. 10 and Supplement No.7 to Tariff Pa. PUC No. 11. 2006 Annual Price Stability Index/Service Price Index. Petition for Reconsideration of the Commission’s June 23, 2006 Opinion and Order. Staff recommends that the Commission adopt the proposed Opinion and Order denying Conestoga’s Petition. Vote of 4-0 with no discussion.

Denver & Ephrata Telephone & Telegraph Company, OSA-0242 R* R-00061377 P-00981430F1000: Supplement No. 251 to Tariff Pa. PUC No. 15 and Supplement No. 10 to Tariff Pa PUC No. 16. 2006 Annual Price Stability Index/Service Price Index Filing. D&E filed a Petition for Reconsideration of the Commission’s June 23, 2006 Opinion and Order. On July 20, 2006, Verizon PA filed its response as Amicus Curiae and on July 31, 2006 D&E filed a Petition for Motion to Strike or Dismiss Amicus Curiae Response of Verizon. Staff recommends that the Commission adopt the proposed Opinion and Order denying the Petition and the Motion to Strike or Dismiss Amicus Curiae of Verizon. Vote of 4-0 with no discussion.

Joint Petition of Laurel Highland Telephone Company and Cingular Wireless, LLC, OSA-0337* A-311395F7010: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of Palmerton Telephone Company and Cingular Wireless, LLC, OSA-0338* A-311395F7011: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of Armstrong Telephone Company-North and Cingular Wireless, LLC, OSA-0340* A-311395F7025: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of Armstrong Telephone Company- PA and Cingular Wireless, LLC, OSA-0341* A-311395F7026: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of Hickory Telephone Company and Cingular Wireless, LLC OSA-0342* A-311395F7028: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of North Penn Telephone Company and Cingular Wireless, LLC OSA-0343* A-311395F7030: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of Pymatuning Independent Telephone Company and Cingular Wireless, LLC, OSA-0344* A-311395F7023: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of The South Canaan Telephone Company and Cingular Wireless, LLC, OSA-0345* A-311395F7003: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of Venus Telephone Company and Cingular Wireless, LLC, OSA-0346* A-311395F7034: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of Yukon Waltz and Cingular Wireless, LLC OSA-0347* A-3111395F7036: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of The North-Eastern PA Telephone Company and Cingular Wireless, LLC, OSA-0350* A-311395F7013: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

Joint Petition of Lackawaxen Telecommunications Services and Cingular Wireless, LLC, OSA-0352* A-311395F7029: for Approval of an Interconnection Agreement filed on October 23, 2006. Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 11, 2006. No Comments have been received. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.

PA PUC v. Pennsylvania Railroad Company, et al, OSA-0360* C-00018222: The Commission entered an Order on August 20, 1987 disposing of the pertinent issues and the matter was closed by Secretarial Letter dated March 21, 1994. On October 18, 2006, Sun Pipeline Company and Aqua Pennsylvania filed a Petition to Open Case and Enforce the 1987 Order. On November 6, 2006, PennDOT filed a Response in Opposition. Staff recommends that the Commission grant the Petition to the extent consistent with the Opinion and Order, and transfer the matter to the OALJ for further proceedings as deemed appropriate. Vote of 4-0 with no discussion.

PA PUC v. Emporium Water Company, OSA-0362*, R-00061297 C-0001-3, Binding Poll: Supplement No. 20RR to Tariff Water-Pa. P.U.C. No. 5, to become effective May 9, 2006, suspended by operation of law until December 29, 2006, containing proposed changes in rates, rules and regulations calculated to produce $316,144 in additional annual revenues. Exceptions to the ALJ’s Recommended Decision were filed by Emporium, OCA and OSBA. Reply Exceptions were filed by Emporium, OCA and OTS. Staff recommends that the Commission conduct a Binding Poll of the issues. Matter postponed until Public Meeting of December 21, 2006.

Wallace E. and Janet Louise Martin v. Equitable Gas Company, 0366* C-20065801: On January 23, 2006, the Complainants filed a Formal Complaint against Equitable alleging a dispute concerning the shut off and restoration of their natural gas service. Equitable filed an Answer on February 17, 2006. ALJ Salapa issued an Initial Decision on June 13, 2006 denying the Complaint. The Complainants filed Exceptions and Equitable filed Reply Exceptions. Staff recommends that the Commission adopt the proposed Opinion and Order denying the Exceptions and adopting the Initial Decision. Vote of 4-0 with no further discussion.

Application filed October 24, 2006, by Aqua Pennsylvania, Inc., FUS-0891* A-210104F0078: for approval to begin to offer, render, furnish, or supply water service to the public in an additional portion of Pocopson Township, Chester County, Pennsylvania. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no further discussion.

Securities Certificate filed October 27, 2006, by Equitable Resources, Inc., FUS-1379*, S-00061162: in respect of incurrence of indebtedness under a revolving credit agreement in an aggregate principal amount not to exceed $1.5 billion. Staff recommends that the Commission adopt the proposed Order. Statement of Vice Chairman Cawley that he supports the legal separation of a utility and its parent which provides better financial transparency and for the consolidation of utility debt instruments. Vote of 4-0 with no further discussion.

Law Bureau

Implementation of 811 Abbreviated Dialing Access to the PA One-Call Notification, L-0080*, M-00051921: Staff recommends that the Commission adopt the proposed Implementation Order addressing the issues involved, and that the proposed Implementation Order be published in the Pennsylvania Bulletin.

Office of Administrative Law Judge

BST Foods, LLC v. PPL Electric Utilities Corporation, ALJ-0608*, C-2006648: On May 30, 2006, a complaint was filed alleging that the security deposit required by PPL was too high and requesting that it be reduced. On July 5, 2006, PPL filed its answer. No hearings were held. Commission review of CALJ Smith’s Initial Decision dismissing the complaint without prejudice. Vote of 4-0 with no further discussion.

CARRY-IN AGENDA

Office of Special Assistants

Application of Chester City, OSA-0369* A-00121915: for approval of the alteration of the crossing where Morton Avenue crosses at grade the tracks of Conrail located in Chester City in Delaware County. Petition for Reconsideration and Rehearing relative to the Commission’s November 9, 2006 Opinion and Order. Staff recommends that the Commission grant the Petition pending review of, and consideration on, the merits. Vote of 4-0 with no further discussion.

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, DECEMBER 21, 2006 AT 10:00 AM

*Denotes Order