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Highlights: PA PUC Public Session of February 8, 2007

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 February 8, 2007 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 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, March 1, 2007 at 10:00 a.m.  The minutes of the Public Meeting of January 11, 2007 were unanimously approved without modification.

CASES OF SPECIAL INTEREST

  • PA PUC v. PPL Gas Utilities Corp., OSA-0037*, R-00061398, et al.  Supplement No. 11 to Tariff Gas-Pa. P.U.C. No. 3, to become effective July 1, 2006, containing proposed changes in rates, calculated to produce $12,813,000 in additional annual revenues.  By Order entered June 22, 2006, the filing was suspended to February 1, 2007.  On December 13, 2006, PPL voluntarily postponed the effective date to February 9, 2007.  Several Parties filed Exceptions and Reply Exceptions to ALJ Jones’ December 8, 2006 Recommended Decision.  The Commission conducted a non-binding poll of the issues at Public Meeting of January 26, 2007.  Staff recommends that the Commission adopt the proposed Opinion and Order addressing the Exceptions of the Parties.  The Concurring and Dissenting Statement by Vice Chairman Cawley is attached.  Vote of 4-0 with no further discussion.

Bureau of Transportation and Safety

  • BCC Liberty, Inc. d/b/a Car 1, TSM-0059*, A-00123424, F.6000.  Application for emergency temporary authority to transport, as a common carrier, by motor vehicle, persons in airport transfer service.  Staff recommends that the Commission adopt the proposed order approving the emergency temporary application.  This matter was postponed until Public Meeting of March 1, 2007.

Bureau of Administrative Services

  • PA Universal Service Fund (PAUSF), ADM-0008, M-00001337.  Evaluation of Proposals to Select a Third Party Administrator of the PAUSF.  Staff recommends that the Commission approve the selection of the Evaluation Committee.  Vice Chairman Cawley issued a Dissenting Statement expressing his strong belief that the evaluation process was unfairly performed.  As such, he believes that both bids should be rejected, and the contract should be re-bid.  A copy of his Statement is attached.  Commissioners Pizzingrilli and Fitzpatrick both made statements from the bench during session.  Commissioner Pizzingrilli thanked the committees for their effort.  Commissioner Fitzpatrick stated that he disagreed with Vice Chairman Cawley and believes that the decision was the result of fair and impartial work product.  Vote of 3-1 with no further discussion.

Office of Special Assistants

  • Windstream Pennsylvania Inc. and Armstrong Telecommunications, Inc., OSA-0006*, A-311014F7004.  Joint Petition filed on December 20, 2006, for Approval of an Interconnection Agreement.  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.
  • Metropolitan Edison Company; Pennsylvania Electric Company; Office of Consumer Advocate; Met-Ed Industrial Users Group and Penelec Industrial Customer Alliance, OSA-0034*, R-00061366 et al., R-00061367 et al., P-00062213, P-00062214, A-110300F0095 and A-110400F0040.  Petitions for Reconsideration of the Opinion and Order entered January 11, 2007, which determined the issues involved in Met-Ed/Penelec’s Merger Savings Remand Proceeding; Met-Ed/Penelec’s Petitions for Rate Transition Plans; and Met-Ed/Penelec’s request for an increase in rates filed on April 10, 2006.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants reconsideration, pending further review of and consideration on the merits of the three Petitions for Reconsideration.  Vote of 4-0 with no discussion.

Bureau of Fixed Utility Services

  • Verizon North Inc., FUS-0411*, P-00001854F1000, R-00061914.  2007 Prince Change Opportunity filed November 1, 2006 along with revisions to Tariff Telephone Pa. P.U.C. Nos. 1, 3, 4, 5, and 6 to become effective February 15, 2007.  Staff recommends that the Commission adopt the proposed Order.  Vice Chairman Cawley concurred in the result only.  Vote of 4-0 with no further discussion.

Combined Bureau Agenda

  • Philadelphia Gas Works (PGW), FUS-1003*, OTS-0001, R-00061931.  Supplement No. 16 to Tariff Gas-Pa. P.U.C. No. 2, filed December 22, 2006, proposing an annual increase in rates of $107M become effective February 20, 2007.  Staff recommends that the Commission investigate the matter, which will be suspended by operation of law until September 20, 2007, unless otherwise directed by order of the Commission and that the case be assigned to the OALJ for the prompt scheduling of Hearings.  Chairman Holland made a statement from the bench in which he recognized the challenge of striking the appropriate balance between customer needs and the fiscal needs of the company.  Chairman Holland also noted that the OALJ will hold hearings so that customers can have the opportunity to have their say.  Chairman Holland asserted that the Commission takes customer needs seriously.  Vote of 4-0 with no further discussion.

Law Bureau

  • Rulemaking Re Electric Distribution Companies’ Obligation To Serve Retail Customers At The Conclusion Of The Transition Period Pursuant To 66 PA.C.S. § 2807(E)(2), L-0009*, L-00040169.  Staff recommends that this Advance Notice of Final Rulemaking be issued for public comment, to be published in the Pennsylvania Bulletin.  Commissioners Pizzingrilli and Fitzpatrick issued statements addressing this matter and L-0010 which are attached.  Vote of 4-0 with no further discussion.
  • Default Service and Retail Electric Markets, L-0010*, L-0007               .  Staff Recommends that the proposed Policy Statement Order be issued for public Comment, to be published in the Pennsylvania Bulletin.  Vote of 4-0 with no discussion.

Office of Administrative Law Judge

  •  Crystal Harris v. Philadelphia Gas Works, ALJ-0109*, C-20055642.  On November 30, 2005, a complaint was filed alleging a billing dispute.  PGW filed its answer on January 12, 2006.  An Initial Decision was served on June 29, 2006 dismissing the complaint for lack of prosecution.  Exceptions were filed by the complainant and the case was remanded to OALJ by Commission Order entered October 2, 2006.  A hearing on remand was held on October 27, 2006.  Staff reviewed ALJ Nguyen’s Initial Decision on Remand dismissing the complaint.  This matter was postponed until Public Meeting of March 1, 2007.

CARRY-IN AGENDA

Bureau of Transportation and Safety

  • Atlantic Logistics Agency, Inc., TSM-0066*, A-00123244.  Application for a Contract Carrier Permit to serve The Pilots’ Association of the Delaware River and Bay.  Staff recommends that the Commission approve the amended Application, consistent with the Tentative Order.  Vote of 4-0 with no Discussion.

Office of Special Assistants

  • Commonwealth Telephone Co., OSA-0035, A-310800F0010 et al.  Joint Application for the acquisition by Citizen Communications Co. of all Stock of the Joint Applicants’ Corporate Parent, Commonwealth Telephone Enterprises, Inc. - Petition for Emergency Order, or in the Alternative, Stay of Proceeding Pending Adjudication of Broadband Cable Association of PA’s Party Status.  Staff recommends that the Commission grant the Exceptions, reverse the Initial Decision, declare the Petition for Emergency Order moot and remand the matter to the OALJ, consistent with the proposed Opinion and Order.  Vote of 4-0 with no discussion.

Law Bureau

  • PA PUC v. PPL Electric Utilities Corp., L-0014*, R-00049255, et al.  Staff recommends that the Commission approve the proposed Order which implements the Opinion of Commonwealth Court re the Commission’s Opinion and Order entered December 22, 2004; and that the matter be returned to the OALJ.  Vote of 4-0 with no discussion.
  • PA-American Water Co., L-0015, P-00062244.  Petition of OSBA requesting a PUC investigation of PA-American Water Co.’s Interruption of Service in Western Pennsylvania.  Staff recommends that the Petition be dismissed as moot, consistent with the proposed Order.  Commissioner Fitzpatrick concurring in the result only.  Vote of 4-0 with no further discussion.
  • Policies to mitigate Potential Electric Price Increases, L-0017, M-00061957.  The public Comment period to address the issue of increasing prices for electricity has concluded and several policy recommendations have been developed for consideration.  Staff recommends that this docket be closed, consistent with the proposed Order.  Commissioner Pizzingrilli made a Motion to modify the staff recommendation pursuant to this Motion, that the Commission issue the Order as a Tentative Order and request comments on the issues described in the body of the Motion within 20 days of the entry of the Order, and that the Law Bureau prepare the Order with assistance from the Office of Communications and FUS.  A copy of her Motion is attached.  Commissioner Fitzpatrick issued a Statement in which he discusses the Tentative Order issued by the Commission on February 8, 2007.  A copy of his Statement is attached.  Vote of 4-0 with no further discussion.

ANNOUNCEMENTS:

  • At the conclusion of the meeting, an announcement was made inviting the audience to the Black History luncheon being held at the Forum on February 8, 2007.
  • Commissioner Pizzingrilli announced that her energy assistant, Kim Joyce, is leaving the Commission to pursue other opportunities.
  • THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, MARCH 1, 2007 AT 10:00 AM

*Denotes Order

 

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