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Highlights: PA PUC Public Session of April 24, 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 24, 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, May 10, 2007 at 10:00 a.m. The minutes of the Public Meeting of March 22, 2007 were unanimously approved without modification.
Bureau of Transportation and Safety
- All matters approved as submitted
Bureau of Administrative Services
- All matters approved as submitted
Office of Special Assistants
- PA PUC v. Emporium Water Company (Petition for Reconsideration), OSA-0065*, R-00061297. 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. Statement of Commissioner Pizzingrilli is attached in which she notes that although Emporium raises several valid arguments, there is no majority vote to grant the Petition for Reconsideration. Vote of 3-1 with Commissioner Fitzpatrick dissenting.
- Canadian National Railway (Bessemer & Lake Erie Railroad Company) in Pine Township, Mercer County (Petition to Modify), OSA-0074*, M-00062007. 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 Public Meeting of May 10, 2007.
- George Crawford v. National Fuel Gas Distribution Corporation (Petition for Clarification), OSA-0093*, C-20066348. On May 8, 2006, NFG filed a Complaint with the Commission appealing the April 26, 2006 Informal Decision which granted the Respondent a payment arrangement. By Initial Decision issued on October26, 2006, ALJ Hoyer sustained NFG’s Complaint and vacated the BCS Informal Decision. No Exceptions were filed to the Initial Decision and on December 1,2006, the Initial Decision became final. On December 8, 2006, NFG filed a Petition for Clarification. Staff recommends that the Commission adopt the proposed Opinion and Order which grants the Petition for Clarification and reverses the Commission Order of December 1, 2006. This matter was postponed until Public Meeting of May 10, 2007.
- AT&T Communications of Pennsylvania Inc. v. Verizon North Inc. and Verizon Pennsylvania Inc., OSA-0096*, C-20027195. On January 23, 2007, Qwest Communications Corporation filed a Petition for Reconsideration of the Commission’s Opinion and Order entered January 8, 2007, which stayed Verizon PA’s and Verizon North’s access charge investigation pending the outcome of the FCC’s Unified Intercarrier Compensation proceeding or for one year form the date of entry of that Order, whichever is earlier. Staff recommends that the Commission adopt the proposed Opinion and Order that denies the Petition for Reconsideration. Vote of 3-1 with Commissioner Fitzpatrick dissenting.
Bureau of Fixed Utility Services
- Pennsylvania Power Company, FUS-1020*, R-00072129. Tariff Electric-Pa. P.U.C. No. S-2 filed February 5, 2007, proposing to replace in its entirety its Tariff Electric-Pa. P.U.C. No. S-1, to become effective March 2, 2007, voluntarily postponed until April 25, 2007. Staff recommends that the Commission adopt the proposed Order. Statement by Vice Chairman Cawley is attached. In his statement, he notes his reluctance in approving the filing and his disappointment with the lack of supporting data in the filing regarding the proposed $40 feel to access data. Vote of 4-0 with no further discussion.
- Metropolitan Edison Company, FUS-1021*, A-110300F0113. Letter of Notification filed March 13, 2007 pursuant to 52 Pa. Code Chapter 57 for the 115 kV HV Transmission Line Tap to Adams Electric Cooperative, Inc. from the Hunterstown-Gardners 115 kV HV Transmission Line, and the reconductoring of the Hunterstown-Gardners 115 kV HV Transmission Line, situated in Straban Township and Tyrone Township, Adams County, Commonwealth of Pennsylvania. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
- Hancock Long Distance, Inc., FUS-1327*, A-31141. Application filed February 27, 2007 for approval to offer, render, furnish, or supply telecommunications services as a Reseller of Interexchange Toll Services. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
Combined Bureau Agenda
- Audubon Water Company, OTS-0008, R-00072100. Supplement No. 9 to Tariff Water-Pa. P.U.C. No. 3, to become effective May 5, 2007, proposing an annual increase in rates of $477,975. Staff recommends that the Comission institute an Investigation of the Tariff and allow the filing to be suspended by operation of law. Vote to adopt 4-0, to the extent that it is consistent with FUS-0818.
Office of Administrative Law Judge
- Application of Duquesne Light Company and Application of DQE Communications Network Services, LLC, ALJ-0132*, A-110150F0035. On September 6, 2006, Duquesne and DQE Communications filed a Joint Application requesting all necessary approvals authorizing the transfer of control of their parent, Duquesne Light Holdings, Inc. to the Macquarie Consortium with the majority of the equity in the transaction provided by funds managed by the Macquarie Group. A Prehearing Conference was held on November 28, 2006. On February 9, 2007, a Joint Petition for Settlement was filed. Commission staff reviewed ALJ Meehan’s Initial Decision approving the Joint Petition for Settlement. Statement by Chairman Holland is attached, as well as the Statement by Vice Chairman Cawley. Vice Chairman Cawley stated that he strongly supports the merger and the public benefit resulting from the merger and the collaborative process. He also noted that he liked the economic development incentives that were fostered within a competitive framework. Chairman Holland stated that a few issues concerned him about this merger, including the corporate structure and the governance by local people as representatives on the Board, which has been a tradition at Duquesne. Another issue Chairman Holland noted that was of concern to him was the employment issues. He was concerned about diversity and the hiring of minority and low income applicants. He recognized and praised the Equitable merger for ensuring employment diversity. Vote of 4-0 with no further discussion.
- Chermaine Markle v. National Fuel Gas Distribution Corporation (Complaint-Appellant), ALJ-0133*, F-02138825. On May 12, 2006, a Complaint/Appeal was filed appealing a Decision which the Commission’s Bureau of Consumer Services issued on October 14, 2006. On February 8, 2007, a telephonic hearing was held. Commission staff reviewed ALJ Gesoff’s Initial Decision dismissing the Complaint as moot. This matter was postponed until Public Meeting of May 10, 2007.
- Lancelot R. Ottley v. UGI Utilities, Inc. - Gas Division (Complaint - Appellant), ALJ-0134*, F-02133916. On October 7, 2006, a Complaint/Appeal was filed appealing a Decision which the Commission’s Bureau of Consumer Services issued on September 19, 2006. On January 5, 2007, an initial telephonic hearing was held. Commission staff reviewed ALJ Weismandel’s Initial Decision granting the complaint/appeal. This matter was postponed until Public Meeting of May 10, 2007.
CARRY-IN AGENDA
- PA PUC, et al v. Verizon PA Inc. and PA PUC, et al v. Verizon North Inc., OSA-0105*, R-00051227, et al, R-00051228, et al. (2006 PCO Filing). Petition for Reconsideration of the Commission’s March 22, 2007 Opinion and Order, filed on April 6, 2007. Staff recommends that the Commission grant the Petition in part and deny it in part, consistent with the Opinion and Order. Vote of 4-0 with Commissioner Fitzpatrick concurring in result only.
- Statement of Chairman Wendell F. Holland In Re: Application of TransAllegheny Interstate Line Company, C-0004, A-110172, et al, G-00071229. Statement by Chairman Holland is attached. In his statement, he lists several questions and directs that they be included and addressed in the application proceeding.
ANNOUNCEMENTS:
- National Drinking Water Week was announced. There will be exhibits and displays on Tuesday, May 10th in Atrium of the Keystone Building.
- “Take Your Children To Work” day was announced, and the audience was invited to have their children attend various activities.
- THE NEXT REGULAR MEETING IS SCHEDULED FOR TUESDAY, MAY 10, 2007 AT 10:00 AM
*Denotes Order
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