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Highlights: PA PUC Public Session of July 11, 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 July 11, 2007, Public Meeting of the Pennsylvania Public
Utility Commission (“Commission”), the Commissioners
adopted Staff’s recommendations for action by a vote of 5-0
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 25, 2007 at 10:00 a.m. The minutes
of the Public Meeting of May 30, 2007 were unanimously approved
without modification.
Bureau of Transportation and Safety
- All matters approved as submitted.
Bureau of Audits
- Citizen’s Electric Company, Wellsboro Electric Company,
Valley Energy Company, Inc., AUD-0013, D-06MGHT001, D-06MGT002,
D-06MGT003. Focused Management and Operations Audit Staff concurrently
completed an audit and issued a combined Report on the three
C&T Enterprises, Inc. companies containing 28 recommendations.
In response to the audit, the Companies have submitted an Implementation
Plan, dated June 28, 2007, indicating acceptance of all 28 recommendations.
Staff recommends that the Commission make the Audit Report and
Implementation Plan public. There was an Oral Statement by Chairman
Holland in which he noted that basic management principles include
a succession plan, which this company did not have in place.
Vote of 5-0 with no further discussion.
Director of Operations
- 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. Attached
is the Dissenting Statement by Vice Chairman Cawley is attached.
There was an Oral Statement made by Commissioner Fitzpatrick
in which he stated that hidden subsidies were not consistent
with policy but also recognized the intermodal competition faced
by the companies. The vote of 3-2 with Vice Chairman Cawley and
Commissioner Christy dissenting.
- North Pittsburgh Telephone Company and Dobson Cellular
Systems, Inc. , OSA-0155*, A-311067F7005. Joint Petition for Approval
of an Interconnection Agreement filed on May 16, 2007. Notice
of the Joint Petition was published in the Pennsylvania Bulletin on
June 2, 2007. Staff recommends that the Commission adopt
the proposed Opinion and Order which grants the Joint Petition.
Vote of 5-0 with no discussion.
- Pennsylvania-American Water Company, OSA-0161*, P-00062241
ET AL. Petition for Approval to Implement a Tariff Supplement
. . . Revising the Distribution System Improvement Surcharge.
The Recommended Decision issued n May 16, 2007, by ALJ Weismandel
recommended that the Petition be denied. Petitioner filed Exceptions
on June 5, 2007. OSBA, OCA, OTS and PAWLUG each filed Reply Exceptions
on June 15, 2007. Staff recommends that the Commission adopt
the proposed Opinion and Order which denies the Petitioner’s
Exceptions and adopts the ALJ’s Recommended Decision. Motion
of Chairman Holland in which he moved that the Recommended Decision
of ALJ Weismandel be rejected consistent with the Motion, that
the Exceptions of Pennsylvania-American Water Company be granted,
that the Petition of Pennsylvania-American Water Company to implement
a tariff supplement revising the distribution system improvement
charge be granted and that the OSA prepare the appropriate order
consistent with the Motion, is attached. Vice Chairman Cawley
made an Oral Statement in which he noted that he fully supports
Chairman Holland’s Motion. Commissioner Fitzpatrick made
an oral statement in which he stated that he fully supports Vice
Chairman Cawley’s Oral Statement and the Motion made by
Chairman Holland. Vote of 5-0 with no further discussion.
- Aqua Pennsylvania, Inc. , OSA-0167*, A-210104F0074. Applicant
for approval of the right to begin to offer, render, furnish
or supply water service to the public in an additional portion
of Dallas Township, Luzerne County, PA. An Initial Decision
issued May 1, 2007, by ALJ Cocheres approved Aqua’s Application.
WP filed Exceptions to the Initial Decision on May 21, 2007.
Aqua, OCA, and the LBPS filed Reply Exceptions on May 31, 2007.
Staff recommends that the Commission adopt the proposed Opinion
and Order that denies the Exceptions and adopts the ALJ’s
Initial Decision. Vote of 5-0 with no discussion.
Bureau of Fixed Utility Services
- IDT America Corporation , FUS-0464*, A-310782F0002 AMA. Application
filed November 9, 2006, for expanded authority to offer, render,
furnish, or supply telecommunications services as a Competitive
Local Exchange Carrier in the service area of Windstream Pennsylvania,
Inc. Staff Recommends that the Commission adopt the proposed
Order. Vote of 5-0 with no discussion.
- Little Washington Wastewater Company , FUS-0824*, A-230240F0034.
Application filed March 29, 2007, for approval to begin to offer,
render, furnish, or supply wastewater service to the public in
a portion of Thornbury Township, Chester County. Staff recommends
that the Commission adopt the proposed Order. Vote of 5-0 with
no discussion.
- Aqua Pennsylvania, Inc. , FUS-0838*, A-210104F0079. Application
filed March 23, 2007, for approval of 1) the acquisition by Aqua
Pennsylvania, Inc., of the water system assets of Lakeside Acres
Water Company, and 2) the right of Aqua Pennsylvania to begin
to offer, render, furnish, or supply water service to the public
in an additional portion of Sadsbury Township, Crawford County.
Staff recommends that the Commission adopt the proposed Order.
Vote of 5-0 with no discussion.
Combined Bureau Agenda
- Little Washington Wastewater Co. d/b/a Suburban Wastewater
Co. - Rivercrest Division , FUS-0827*, R-00072319 and OTS-0011,
R-00072319. Supplement No. 36 to Tariff Sewer-Pa. P.U.C. No.
1, filed April 10, 2007, voluntarily postponed to become effective
July 12, 2007, proposing an annual increase in rates of $63,573.
Formal Complaints have been filed. Staff recommends that the
Commission institute an Investigation, noting that the filing
will be suspended by operation of law until February 12, 2008;
and that the matter be referred to the OALJ, consistent with
the proposed Order. Vote of 5-0 with no discussion to the extent
that it is consistent with FUS-0827.
- Little Washington Wastewater Co. d/b/a Suburban Wastewater
Co. Twin Hills Division - Home Office - Bryn Mawr, PA , FUS-0828*,
R-00072318, OTS-0010, R-00072318. Supplement No. 35 to Tariff
Sewer-Pa. P.U.C. No. 1, proposing an annual increase in rates
of $67,749, voluntarily postponed to become effective July 12,
2007. Formal Complaints have been filed. Staff recommends that
the Commission institute an Investigation, noting that the filing
will be suspended by operation of law until February 12, 2008;
and that the matter be referred to the OALJ, consistent with
the proposed Order. Vote of 5-0 with no discussion to the extent
that it is consistent with FUS-0828.
- 30 Incumbent Local Exchange Carriers (ILECs) , L-0067*, P-00072262,
P-00961116F1000, et al. Petition for Protective Orders
regarding their 2007 Network Modernization Plan (NMP) Biennial
Reports. Staff recommends that the Commission grant the Petitions
for Protective Order, consistent with the proposed Order. Vote
of 5-0 with no discussion.
Office of Administrative Law Judge
- PA PUC v. National Fuel Gas Distribution Corporation , ALJ-0159*,
R-00072043; R-0072043, C-0001-C0002. On February 1, 2007, NFG
filed Supplement No. 68 to Tariff Gas-Pa. P.U.C. No. 9 and a
Tariff Addendum. These filings were made pursuant to Section
1307(f) of the Public Utility Code, 66 Pa. C.S. §1307(f),
and the effective date of the proposed rate changes is August
1, 2007. On May 18, 2007, the parties filed a Stipulation in
Settlement of the Rate Investigation Pursuant to 66 Pa. C.S. §1307(f).
Commission reviewed ALJ Nene’s Recommended Decision approving
the Settlement. Dissenting Statement of Vice Chairman Cawley
in which he does not accept the settlement because the parties
in his opinion, have failed to provide sufficient evidence demonstrating
that the rates are just and reasonable and further failed to
demonstrate that the settlement is beneficial to all parties,
is attached. Vote of 4-1 with Vice Chairman Cawley dissenting.
Office of Special Assistants
- All matters approved as submitted.
Law Bureau
- W.P. Water Company and W.P. Sanitary Company , L-0071*,
P-00072313, I-00070114. Petition for a Commission Order Instituting
a Proceeding to Order the Acquisition pursuant to 66 Pa. C.S. § 529.
Staff recommends that the Commission grant the Petition
in part and deny it in part, consistent with the proposed Investigation
Order. Vote of 5-0 with no discussion.
ANNOUNCEMENTS
- A welcome reception was held following the meeting for the
new Commissioner, Ty Christy.
THE NEXT REGULAR MEETING IS SCHEDULED FOR WEDNESDAY,
JULY 25, 2007 AT 10:00 AM
* Denotes Order
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