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Highlights: PA PUC Public Session of April 13, 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 April 13, 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 Tuesday, April 24, 2006 at 10:00 a.m. The minutes of the Public Meeting of March 1, 2007 were unanimously approved without modification.
Bureau of Transportation and Safety
- Extension of the Fuel Cost Recovery Surcharge Special Permission 28207, TSM-0099*, SP-28207. Tristate Household Goods Tariff Conference, inc. filed a request on February 6, 2007 to permit members of its conference to continue assessing a fuel cost recovery surcharge to defray the continuing rise in costs of diesel fuel. Staff recommends that the Commission adopt the proposed extension order permitting the fuel cost recovery surcharge to become effective April 18, 2007 for an additional one (1) year unless changed, cancelled, or further extended by the Commission. Vote of 4-0 with no discussion.
Bureau of Administrative Services
- Verizon Network Modernization Plan, ADM-0001 R, D-06SPA022. Evaluation of Proposals to Sect an Auditor of Verizon Network Modernization Plan. Staff recommends that the Commission adopt its recommendation. Vote of 4-0 with no discussion.
Bureau of Audits
- All matters approved as submitted
Bureau of Conservation, Economics and Energy Planning
- All matters approved as submitted
Office of Special Assistants
- Doris Anne Wilson v. Pennsylvania-American Water Company, OSA-0041*, C-20066331 (Billing Dispute). On May 1, 2006, Complainant alleged incorrect charges on her bill. Complainant filed Exceptions to ALJ Smolen’s August 14, 2006 Initial Decision recommending that the Complaint be dismissed. Staff recommended that the Commission deny the Complainant’s Exceptions, and adopt the ALJ’s Initial Decision, consistent with the proposed Opinion and Order. The Motion by Chairman Holland is attached. In his Motion, Chairman Holland moves that the Initial Decision of ALJ Smolen issued August 14, 2006 is modified and that the OSA prepare a Tentative Order consistent with the Motion. Vote of 4-0 with no further discussion.
- Valley Run Water Company, OSA-0045*, A-210121. Application filed August 18, 2005. On January 26, 2007, Valley Run filed a Petition for Reconsideration of the Commission’s January 11, 2007 Order, requesting certain amendments in the ordering paragraphs. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Petition, consistent with the proposed Opinion and Order. This matter was withdrawn by the Office of Special Assistants.
- PA PUC, BTS v. Gary Martin Geiger, t/a Deily Moving & Storage Company, OSA-0051*, A-001088586C0404 (Alleged Violations of Commission’s Regulations). On July 27, 2004, BTS initiated this Complaint proceeding, alleging that Respondent had violated various provisions of the Commission’s Regulations pertaining to insurance claims for damages to household goods. On August 23, 2004, Respondent filed an Answer. On June 24, 2005, the Parties filed a proposed Settlement Agreement, which includes the payment of a penalty by Respondent. Staff recommends that the Commission adopt the proposed Tentative Opinion and Order, approving the Settlement Agreement as modified. This matter was withdrawn by the Office of Special Assistants.
- PA PUC v. Emporium Water Company, OSA-0065*, R-00061297 (Petition for Reconsideration). By Opinion and Order entered December 28, 2006, the Commission granted Emporium an increase in additional annual operating revenues. On January 12, 2007, Emporium filed a Petition for Reconsideration of the Commission’s December 28, 2006 Opinion and Order. Staff recommends that the Commission adopt the proposed Opinion and Order which grants the Petition in part and denies the Petition in part. This matter was postponed until the Public Meeting of April 24, 2007.
- Commonwealth Telephone Company and Cellco Partnership d/b/a Verizon Wireless, OSA-0070*, A-310489F7003. Joint Petition filed on February 12, 2007, 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.
- Canadian National Railway (Bessemer & Lake Erie Railroad Company), OSA-0074*, M-00062007 (Petition to Modify). On February 21, 2007, PennDOT filed a Petition to Modify Secretarial Letter, regarding the Commission’s December 22, 2006 Secretarial Letter which directed Canadian National Railway to conduct, at its initial cost and expense, an in-depth inspection and load-rating analysis for the subject bridge. Staff recommends that the Commission deny the Petition consistent with the proposed Opinion and Order. This matter was postponed until the Public Meeting of April 24, 2007.
- Equitable Resources, Inc. and The Peoples Natural Gas Company, d/b/a Dominion Peoples, OSA-0082*, A-122250F5000. Joint Application filed on March 31, 2006, for Approval of the transfer of all of the common stock of Peoples and Hope Gas, Inc., d/b/a Dominion Hope, to Equitable Resources, Inc. Staff recommends that the Commission adopt the proposed Opinion and Order addressing the issues in this matter. Each Commissioner issued a statement concerning this matter. All statements were written except the statement of Commissioner Pizzingrilli which she orally delivered during session. Commissioner Pizzingrilli stated that the decision in this matter identifies substantial benefits for Pennsylvanians and addresses several diverse issues. She also noted that the decision of the Commission was based on the record before the Commission, but further remarks that the Commission does take judicial notice of the recently initiated Federal Trade Commission proceeding. Chairman Holland issued a written statement which is attached, to disclose a relationship he had with Renardo Hicks, a counsel of record in this matter. Vice Chairman Cawley issued a written statement which is attached, in which he discusses his reluctant approval of this transfer of ownership and that he failed to convince his colleagues to attach conditions to the Joint Petition for Settlement. Commissioner Fitzpatrick also issued a written statement which is attached in which he explains his views concerning the impact on competition in the natural gas industry. He believes the approval of the settlement will promote the development of a competitive supply market in the service territories of Equitable and Peoples. As such, he approves the joint petition for settlement and recognizes that it is in the public interest. Vote of 4-0 with no further discussion.
- Daniel J. Rhea v. T. W. Phillips Gas & Oil Company, OSA-0084*, C-20066789 (Billing Dispute). On September 1, 2006, Complainant filed a Formal Complaint against TWP alleging a dispute concerning a natural gas leak on his service line. TWP filed an Answer and New Matter on October 13, 2006. By Initial Decision issued on November 28, 2006, ALJ Gesoff denied the Complaint. TWP filed Exceptions on December 6, 2006. No Reply Exceptions were filed. Staff recommended that the Commission adopt the proposed Opinion and Order, which grants TWP’s Exceptions and modifies the ALJ’s Initial Decision Statement by Commissioner Fitzpatrick is attached. In his Statement, Commissioner Fitzpatrick notes that the case does not stand for the proposition that the Commission may establish a payment arrangement if the Respondent had not expressly agreed to it. Vote of 4-0 with no further discussion.
Bureau of Fixed Utility Services
- RCN Telecom Services, Inc., FUS-0426*, A-310554F0002 AMA. Application filed May 1, 2006 for expanded authority to offer, render, furnish or supply telecommunications services as a Competitive Local Exchange Carrier to the public in the service territory of Commonwealth Telephone Company. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
- Metropolitan Edison Company and Pennsylvania Electric Company, FUS-1314*, R-00061366, et al. R-00061367, et al., P-00062213, P-00062214, A-110300F0095 and A-110400F0040. Modified Compliance Filing filed March 13, 2007. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
- Duquesne Light Company, FUS-1319*, S-00061180. Securities Certificate filed February 2, 2007, for the issuance of notes under a revolving credit agreement in amount not to exceed $125 million. Staff recommends that the Commission register the Securities Certificate. Vote of 4-0 with no discussion.
Combined Bureau Agenda
- Can Do, Inc., FUS-0800*, R-00061960. Supplement No. 16 to Tariff Water-Pa. P.U.C. No. 3, filed November 25, 2006, proposing an annual increase in rates of $202,062, voluntarily postponed to become effective April 15, 2007. Staff recommends that the Commission permit the rates to become effective April 15, 2007. Adopted 4-0 with no further discussion.
- Can Do, Inc., OTS-0035, R-00061960. Supplement No. 16 to Tariff Water-Pa. P.U.C. No. 3, proposing an annual increase in rates of $202,062. Staff recommends that the Commission institute an Investigation and allow the filing to be suspended by operation of law. Rejected by a vote of 4-0 with no further discussion.
- TDS Telecomm/Mahanoy and Mahantango Telephone Co. and TDS Telecom/Sugar Valley Telephone Co., L-0026* and P-00072256, P-00961115F1000 and P-00961116F1000. Petition for a Protective Order regarding their Price Stability Index/Service Price Index Report Filing for 2007. Staff recommends that the Commission grant the Petition, consistent with the proposed Order. Vote of 4-0 with no discussion.
- TDS Telecomm/Mahanoy and Mahantango Telephone Co. and TDS Telecom/Sugar Valley Telephone Co., FUS-0430*, P-00961115F1000, P-00961116F1000. 2007 Price Index Report. Staff recommends that the Commission approve the filing, consistent with the proposed Order.
Law Bureau
- Notice of Proposed Rulemaking on Retail Electricity Choice Activity Reports, L-0030*, L-00070184. Staff recommends that the Commission adopt the proposed Order that initiates a Rulemaking to establish EDC and EGS reporting requirements to monitor sales activity in Pennsylvania’s retail Electric Generation Market, and that the Order be published in the Pennsylvania Bulletin. Vote of 4-0 with no discussion.
- Proposed Rulemaking Regarding Implementation of the Public Utility Confidential Security Information Disclosure Protection Act, L-0031*, L-00070185, M-00072014. Staff recommends that the Commission adopt the proposed Advance Notice of proposed rulemaking Order regarding the Implementation of Act 156, to be published in the Pennsylvania Bulletin. Vote of 4-0 with no discussion.
- Allegheny Power, L–0033*, P-00072257. Petition for Extension of Time to File Universal Service Plans. Staff recommends that the Commission adopt the proposed Order that grants the requested extension until April 30, 2007. Vote of 4-0 with no discussion.
- Interpretation of Procedural Rules Regarding Party Status, Rights and Obligations, L-0035*, M-00061975. The Proposed Policy Statement was published in the Pennsylvania Bulletin on November 18, 2006. Comments were filed by the Office of Consumer Advocate and the Practioners’ Group on December 18, 2006. Staff recommends that the Commission approve the final form Policy Statement, consistent with the proposed Order.
Office of Administrative Law Judge
- PA PUC, et al v. Imperial Point Water Service Company, ALJ-0129*, R-00061618, R-00061618C0001 through C0004. On August 31, 2006, Imperial Point filed Supplement No. 12 to Tariff-Water Pa. P.U.C. No. 2 to become effective October 30, 2006, to produce an additional $80,679 in annual revenue. The Commission suspended the effective date until May 30, 2007. As a result of mediation, the effective date was voluntarily extended to July 29, 2007. A Joint Petition for Settlement was filed on February 1, 2007. Staff reviewed ALJ Nene’s Recommended Decision approving the Settlement. Vote of 4-0 with no discussion.
CARRY-IN AGENDA
- PA PUC, et al v. Verizon PA Inc. and PA PUC, et al v. Verizon North Inc., OSA-0090*, R-00051227, et al, R-00051228, et al. Petition for reconsideration of the Commission’s March 22, 2007 Opinion and Order, filed on April 6, 2007. Staff recommends that the Commission grant Verizon’s Petition for Reconsideration, pending review of and consideration on the merits. Vote of 4-0 with no discussion.
- The Supplemental Carry-In Agenda was withdrawn.
NO ANNOUNCEMENTS
- THE NEXT REGULAR MEETING IS SCHEDULED FOR TUESDAY, APRIL 24, 2007 AT 10:00 AM
*Denotes Order
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