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Highlights: PA PUC Public Session of June 21, 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 June 21, 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 Wednesday,
July 11, 2007 at 10:00 a.m. The minutes
of the Public Meeting of May 10, 2007 were unanimously approved
without modification.
Bureau of Transportation and Safety
- Earl Groff , TSM-0090*, A-00123334. Application for the right
to begin to transport, as a common carrier, by motor vehicle,
persons in paratransit service, limited to persons whose personal
convictions prevent them from owning or operating motor vehicles.
Staff recommends that the Commission adopt the proposed order
approving the application as amended. Vote of 4-0 with no discussion.
- The Fuel Cost Recovery Surcharge , TSM-0154*, S.P. 28209.
Extension for call or demand, paratransit, and airport transfer
carriers. Staff recommends that the Commission allow call or
demand, paratransit, and airport transfer carriers to continue
utilizing the Fuel Cost Recovery Surcharge at Special Permission
No. 28209 and that it be extended until midnight, June 30, 2008.
Vote of 4-0 with no discussion.
Bureau of Audits
- All matters approved as submitted.
Office of Special Assistants
- Buffalo Valley Telephone Company, Conestoga Telephone & Telegraph
Company and Denver & Ephrata Telephone & Telegraph Company , OSA-0081*, I-00040105, P-00981428F1000, R-00061375, P-00981429F1000,
R-00061376, P-00981430F1000, R-00061377. On March 14, 2007, various
Verizon Companies filed Exceptions to ALJ Colwell’s February
22, 2007 Recommended Decision. Replies to Exceptions were also
filed by various Parties. Staff recommends that the Commission
adopt the proposed Opinion and Order which grants the Verizon
Companies Exceptions and reverses the ALJ’s Recommended
Decision, consistent with the proposed Opinion and Order. This
matter was postponed until Public Meeting of July 11, 2007.
- Susan Afshari v. PPL Electric Utilities Corporation and
Kim and Mike Fantazier as Indispensable Party (Billing Dispute) ,
OSA-0089*, C-20055547. Exceptions, filed by PPL on December 4,
2006 to ALJ Jandebeur’s November 14, 2006 Initial Decision.
Staff recommends that the Commission adopt the proposed Opinion
and Order which grants PPL’s Exceptions and Modifies the
ALJ’s Initial Decision. Motion of Chairman Holland moving
that the Exceptions of PPL Electric Company are granted consistent
with the Motion, that the Initial Decision of ALJ Jandebeur issued
on November 14, 2006, is reversed, consistent with the Motion
and that the OSA prepare the necessary Tentative Opinion and
Order is attached. Vote of 4-0 with no further discussion.
- Verizon PA Inc. , OSA-0106*, C-00881727. Petition for Modification
of Consent Order. Comments were filed by various Parties to the
Commission’s December 26, 2006 Tentative Order. Staff recommends
that the Commission’s Tentative Order entered December
26, 2006 be made final, as modified by the compromise proposal
of OCA, consistent with the proposed Opinion and Order. Attached
is the Motion of Commissioner Fitzpatrick moving that Verizon’s
Petition for Modification of Consent Order be granted, that the
Lifeline condition advocated by OCA be rejected and that the
OSA prepare an Opinion and Order consistent with the Motion.
Vice Chairman Cawley concurred in part and dissented in part.
Vote of 3-1 with no further discussion.
- Lori Lucas v. Columbia Gas of Pennsylvania, Inc. (Reimbursement
for Costs), OSA-0132*, C-20065830. On February 3, 2006, Complainant
filed a Formal Complaint against Columbia seeking reimbursement
for her costs in having her service line repaired and her meter
moved to the outside of her house. Columbia filed an Answer on
February 27, 2006. On April 13, 2006, Columbia filed a Motion
for Judgment on the Pleadings. ALJ Weismandel issued an Initial
Decision on May 15, 2006, granting the Motion. On May 18, 2006,
Complainant filed Exceptions. Staff recommends that the Commission
grant the Complainant’s Exceptions; reverse the Initial
Decision; and Remand the matter to the OALJ, consistent with
the proposed Opinion and Order. This matter was postponed until
Public Meeting of July 11, 2007.
- PA PUC, LBPS v. The Peoples Natural Gas Company d/b/a Dominion
Peoples (Settlement Agreement), OSA-0140*, C-20055710. On January
8, 2007, Prosecutory Staff and Respondent filed a Settlement
Agreement that resolves a proceeding initiated on December 30,
2005, when the Prosecutory Staff issued a Complaint alleging
that the Respondent violated various gas safety regulations.
The Settlement requires that Respondent pay a penalty to resolve
the allegations of the Complaint and an Amended Complaint issued
on September 26, 2006. Staff recommends that the Commission adopt
the proposed Opinion and Order, which approves the Settlement.
Statement by Chairman Holland in which he notes that he reluctantly
supports the Settlement Agreement, and hopes that the Settlement
sends a message to People’s that actions putting the public’s
safety in jeopardy will not be tolerated, is attached. Vote of
4-0 with no further discussion.
- Daniel Wert v. PPL Electric Utilities Corporation (Alleged
Code Violations and Service Dispute), OSA-0144*, C-20066858.
On March 30, 2007, ALJ Colwell issued an Initial Decision which
dismissed the Complaint. Complainant filed Exceptions on April
13, 2007. PPL filed Reply Exceptions on April 30, 2007. Staff
recommends that the Commission adopt the proposed Opinion and
Order which grants in part and denies in part the Complainant’s
Exceptions and modifies the Initial Decision. Vote of 4-0 with
no discussion.
- Helen O. Martin c/o Janet Louise Martin v. Equitable Gas
Company (Billing Dispute), OSA-0152*, C-20066745. On April 13, 2007,
the Initial Decision of ALJ Gesoff was issued dismissing the
Complaint. Complainant filed Exceptions on April 28, 2007. Staff
recommends that the Commission adopt the proposed Opinion and
Order which denies the Exceptions and dismisses the Complaint
with prejudice. Vote of 4-0 with no discussion.
Bureau of Fixed Utility Services
- Laurel Pipe Line Company, L.P. , FUS-1333 F*, A-140000F0003.
Application filed April 11, 2007 for approval of the transfer,
by sale, of all the membership interests in MainLine Management
LLC from Carlyle/Riverstone BPL Holdings II, L.P. to BGH GP Holdings
LLC, resulting in a new controlling interest in Laurel Pipe Line
Company, L.P. Staff recommends that the Commission adopt the
proposed Order. Attached is the Statement by Chairman Holland
in which he expresses his concern over equity buyers acquiring
regulated utilities, as well as his concern that interest rates
appear to be on the rise. Vote of 4-0 with no further discussion.
Combined Bureau Agenda
- Lackawaxen Telecommunications Services,
Inc. , L-0057*, P-00072281, P-00981432F1000. Petition for a Protective
Order regarding its Price Stability Index/Service Price Index
Report Filing for 2007. Staff recommends that the Commission
grant in part and deny in part the Petition, consistent with
the proposed Order. Vote of 4-0 with no discussion.
- Lackawaxen Telecommunications Services, Inc. , FUS-0446 F*,
P-00981432F1000. 2007 Price Stability Index/Service Price Index
filing. Staff recommends that the Commission approve the filing,
consistent with the proposed Order. Vote of 4-0 with no discussion.
- North Pittsburgh Telephone Co. , L-0058*, P-00072284, P-00981437F1000.
Petition for a Protective Order regarding its Price Stability
Index/Service Price Index report Filing for 2007. Staff recommends
that the Commission grant in part and deny in part the Petition,
consistent with the proposed Order. Vote of 4-0 with no discussion.
- North Pittsburgh Telephone Co. , F-0450*, P-00981437F1000.
2007 Price Stability Index/Service Price Index filing. Staff
recommends that the Commission approve the filing, consistent
with the proposed Order. Vote of 4-0 with no discussion.
- Bentleyville Telephone Co. , L-0059*, P-00072278, P-00981427F1000.
Petition for a Protective Order regarding its Price Stability
Index/Service Price Index Report Filing for 2007. Staff recommends
that the Commission grant in part and deny in part the Petition,
consistent with the proposed Order. Vote of 4-0 with no discussion.
- Bentleyville Telephone Co. , FUS-0453*, P-00981427F1000. 2007
Price Stability Index/Service Price Index filing. Staff recommends
that the Commission approve the filing, consistent with the proposed
Order. Vote of 4-0 with no discussion.
- Marianna and Scenery Hill Telephone Co. , L-0060*, P-00072279,
P-00981434F1000. Petition for a Protective Order regarding its
Price Stability Index/Service Price Index Report Filing for 2007.
Staff recommends that the Commission grant in part and deny in
part the Petition, consistent with the proposed Order. Vote of
4-0 with no discussion.
- Marianna and Scenery Hill Telephone Co. , FUS-0452*, P-00981434F1000.
2007 Price Stability Index/Service Price Index filing. Staff
recommends that the Commission approve the filing, consistent
with the proposed Order. Vote of 4-0 with no discussion.
- Windstream Pennsylvania, Inc. , L-0061*, P-00072280, P-00981423F1000.
Petition for a Protective Order regarding its Price Stability
Index/Service Price Index Report Filing for 2007. Staff recommends
that the Commission grant in part and deny in part the Petition,
consistent with the proposed Order. Vote of 4-0 with no discussion.
- Windstream Pennsylvania, Inc. , FUS-0451*, P-00981423F1000.
2007 Price Stability Index/Service Price Index filing. Staff
recommends that the Commission approve the filing, consistent
with the proposed Order. Vote of 4-0 with no discussion.
- Hickory Telephone Company , L-0062*, P-00072282, P-00981431F1000.
Petition for a Protective Order regarding its Price Stability
Index/Service Price Index Report Filing for 2007. Staff recommends
that the Commission grant in part and deny in part the Petition,
consistent with the proposed Order. Vote of 4-0 with no discussion.
- Hickory Telephone Company , FUS-0448 R*, P-00981431F1000.
2007 Price Stability Index/Service Price Index filing. Staff
recommends that the Commission approve the filing, consistent
with the proposed Order. Vote of 4-0 with no discussion.
- North-Eastern Pennsylvania Telephone Company , L-0063*, P-00072283,
P-00981435F1000. Petition for a Protective Order regarding its
Price Stability Index/Service Price Index Report Filing for 2007.
Staff recommends that the Commission grant in part and deny in
part the Petition, consistent with the proposed Order. Vote of
4-0 with no discussion.
- North-Eastern Pennsylvania Telephone Company , FUS-0449 F*,
P-00981435F1000. 2007 Price Stability Index/Service Price Index
filing. Staff recommends that the Commission approve the filing,
consistent with the proposed Order. Vote of 4-0 with no discussion.
- Conestoga Telephone and Telegraph Company , L-0064*, P-00072277,
P-00981429F1000, R-00072194. Petition for a Protective Order
regarding its Price Stability Index/Service Price Index Report
Filing for 2007. Staff recommends that the Commission grant in
part and deny in part the Petition, consistent with the proposed
Order. Vote of 4-0 with no discussion.
- Conestoga Telephone and Telegraph Company , FUS-0457 R*, P-00981429F1000,
R-00072194. 2007 Price Stability Index/Service Price Index filing.
Staff recommends that the Commission approve the filing, consistent
with the proposed Order. Vote of 4-0 with no discussion.
- Denver and Ephrata Telephone and Telegraph Company , L-0065*,
P-00072275, P-00981430F10000, R-00072195. Petition for a Protective
Order regarding its Price Stability Index/Service Price Index
Report Filing for 2007. Staff recommends that the Commission
grant in part and deny in part the Petition, consistent with
the proposed Order. Vote of 4-0 with no discussion.
- Denver and Ephrata Telephone and Telegraph Company , FUS-0458
R*, P-00981430F1000, R-00072195. 2007 Price Stability Index/Service
Price Index filing. Staff recommends that the Commission approve
the filing, consistent with the proposed Order. Vote of 4-0 with
Vice Chairman Cawley concurring in result only.
- Buffalo Valley Telephone Company , L-0066*, P-00072266, P-00981428F1000,
R-00072193. Petition for a Protective Order regarding its Price
Stability Index/Service Price Index Report Filing for 2007. Staff
recommends that the Commission grant in part and deny in part
the Petition, consistent with the proposed Order. Vote of 4-0
with no discussion.
- Buffalo Valley Telephone Company , FUS-0456 R*, P-00981428F1000,
R-00072193. 2007 Price Stability Index/Service Price Index filing.
Staff recommends that the Commission approve the filing, consistent
with the proposed Order. Vote of 4-0 with Vice Chairman Cawley
concurring in result only.
- Final Rulemaking Regarding Revision to Chapter 67 of Title
52 of the PA Code Pertaining to Service Outages , L-0004 R*,
L-00060177. Staff recommends that the Commission adopt the Final
Rulemaking adopting regulations as set forth in Annex A, to be
published in the Pennsylvania Bulletin. This matter
was postponed until Public Meeting of August 30, 2007.
Office of Administrative Law Judge
- Luke Kelley v. Pennsylvania Electric Company , ALJ-0140*,
C-20066673. On August 3, 2006, a complaint was filed alleging
inadequate service. On February 7, 2007, a telephonic hearing
was held. Commission Staff reviewed ALJ Meehan’s Initial
Decision dismissing the Complaint. Motion by Chairman Holland
moving that the case be remanded to the Office of ALJ for further
development of the record and that the OSA prepare the appropriate
Opinion and Order is attached. Vote of 4-0 with no further discussion.
- Application of Chester City , ALJ-0144*, A-00121915, P-00062236.
On June 27, 2005, Chester City filed an application for approval
of the alteration of the crossing (DOT #589227B) where Morton
Avenue crosses at grade the tracks of Contrail located in Chester
City. Delaware County, Pennsylvania. Hearings were held and a
Recommended Decision was issued on May 22, 2006. Exceptions/Reply
Exceptions were filed. Emergency Orders were issued by V.C. Cawley
and Director of Operations Moury to provide interim relief addressing
safety concerns. By Commission Order entered September 15, 2006,
the two Emergency Orders were ratified. On January 23, 2007,
a Joint Stipulation of Settlement was filed Commission Staff
reviewed ALJ Jones’ Recommended Decision granting the Settlement.
Vote of 4-0 with no discussion.
- Petition of Duquesne Light Company , ALJ-0145*, P-00072247.
On January 25, 2007, Duquesne Light filed a petition for Commission
approval of a plan for default service for the period from January
1, 2008 through December 31, 2010. The Commission published notice
of Duquesne’s Petition in the February 10, 2007 Pennsylvania
Bulletin. Numerous Petitions to Intervene were filed. A
hearing was held on April 24, 2007. April 24, 2007, the parties
reached a settlement of all issues. Commission Staff reviewed
ALJ Gesoff’s Recommended Decision approving the petition
as modified by the Settlement. Statement of Vice Chairman Cawley
supports this Settlement in which he notes the benefits of the
competitive market being brought to Duquesne Light Co. by this
settlement is attached. Vote of 4-0 with no further discussion.
- PA PUC, et al. v. Allied Utility Services, Inc. , ALJ-0146*,
R-00061617, et al. On June 28, 2006, Allied filed Supplement
No. 8 to Tariff Water-Pa. P.U.C. No. 1 to become effective October
2, 2006 containing proposed changes in rates, rules and regulations
calculated to produce addition annual revenues based on a future
test year ending December 31, 2006. By Order entered September
28, 2006, the Commission instituted an investigation and suspended
Supplement No. 8 by operation of law until May 2, 2007. Subsequently,
Allied voluntarily suspended No. 9 and then voluntarily suspended
No. 10, the latter suspending the application of the proposed
rates until August 2, 2007. Complaints were filed. On March 28,
2007, a Joint Petition for Settlement was filed. Staff reviewed
ALJ Smolen’s Recommended Decision approving the Settlement.
Vote of 4-0 with no discussion.
- PA PUC v. Little Washington Wastewater Company - Peddlers
View Division; Little Washington Division; Chesterdale/Willistown
Woods Division; Media Division , ALJ-0147*, R-00072073, et al.,
R-00072074, et al., R-00072075, et al., R-00072090, et al. In
January 2007, the above four divisions of Little Washington Wastewater
Company, by separate filings, requested rate increase approvals.
Complaints were filed. The Commission suspended the tariff filings
of all four divisions. On April 25, 2007, a telephonic public
input hearing was held. On May 9, 2007, separate Joint Petitions
for Settlement of Rate Investigation were filed. Staff reviewed
ALJ Chestnut’s Recommended Decision approving the Petitions.
Vote of 4-0 with no discussion.
CARRY-IN AGENDA
Commissioners
- Motion of Chairman Wendell F. Holland In Re Consumer Advisory
Council Membership, C-0005. This Motion is attached. Vote
of 4-0 with no further discussion.
Bureau of Fixed Utility Services
- Little Washington Wastewater Company, d/b/a Suburban
Wastewater Company , FUS-0817*, A-230240F0028. Application for approval
of 1) the acquisition of wastewater assets of Homsher Hill, LLC,
and 2) to begin wastewater service to the public in Worcester
Township, Montgomery County, PA. Staff recommends that the Application
be approved, consistent with the proposed Order. Vote of 4-0
with no discussion.
Law Bureau
- Pennsylvania American Water Company , L-0069*, I-00060112.
Investigation in Main Breaks in the Pittsburgh Area and Related
Incidents Statewide - Phase I. Staff recommends that the Commission
adopt the proposed Tentative Order, that, among other things,
releases the Investigatory Report to the public. Attached is
the Statement by Chairman Holland in which he offers various
comments and recommendations. Vote of 4-0 with no further discussion.
ANNOUNCEMENTS
- The multitude of retirees were recognized and thanked for
their many years of service, and a reception following the meeting
was held in their honor.
THE NEXT REGULAR MEETING IS SCHEDULED FOR WEDNESDAY,
JULY 11, 2007 AT 10:00 AM
*Denotes Order
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