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Highlights: PA PUC Public Session of July 25, 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 25, 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,
August 8, 2007 at 2:00 p.m. The minutes
of the Public Meeting of June 21, 2007 were unanimously approved
without modification.
CASES OF SPECIAL INTEREST
- Pike County Light & Power , OSA-0185*, P-00072245. Petition
for Expedited Approval of its Default Service Implementation
Plan, filed January 8, 2007. In a Recommended Decision issued
June 13, 2007, ALJ Cocheres found that the Company’s Petition
should be grated in part and denied in part. Several Parties
filed Exceptions to the Recommended Decision on June 27, 2007.
On July 5, 2007, several of the Parties filed Reply Exceptions.
Staff Recommends that the Commission conduct a Binding Poll of
the issues involved in this case, and a poll of the issues was
conducted. Statements by Vice Chairman Cawley and Commissioner
Christy are attached. Vote of 5-0 with no further discussion.
- Pennsylvania-American Water Company , OSA-0162*, A-212285F0136.
Application for approval of a change in control to be effected
through a public offering of the Common Stock of American Water
Works Company, Inc. ALJ Cocheres, in his Initial Decision of
June 20, 2007, recommended that the Application be granted in
part and denied in part. Various Exceptions and Reply Exceptions
were filed. Staff recommends that the Commission adopt the proposed
Opinion and Order. Joint Motion by Chairman Holland and Vice
Chairman Cawley moving that the Initial Decision of ALJ Cocheres
be modified consistent with the Motion and that the OSA prepare
a Tentative Order consistent with the Motion which shall become
final by operation of law if no party files comments within twenty
(20) days of the entry date of the Tentative Order is attached.
The Joint Statement by Commissioners Fitzpatrick and Pizzingrilli
concurring in part and dissenting in part is also attached. Vote
of 3-2 with no further discussion.
Bureau of Transportation and Safety
- All matters approved as submitted.
Bureau of Consumer Services
- Allegheny Power Company , BCS-0003 R*, M-00072024. Universal
Service and Energy Conservation Plan 2008-2010, Submitted April
30, 2007, Pursuant to 52 Pa. Code § 54.74. Staff recommends
that the Commission approve the Plan as filed, consistent with
the proposed Order. Vote of 5-0 with no discussion.
Office of Special Assistants
- Francis Odza v. Verizon Pennsylvania Inc. , (Unauthorized
Advertising Charges), OSA-0069*, C-20055192. Complainant alleged
that Respondent published a Yellow Page advertisement without
her consent; and also threatened to terminate service if Complainant
did not pay the advertising charges. Chief ALJ Smith granted
Respondent’s Motion to Dismiss the Complaint due to lack
of Commission jurisdiction, but ordered a Hearing on the limited
issue of the threatened termination of service. ALJ Rainey issued
an Initial Decision October 18, 2006, sustaining the Complaint.
Respondent filed Exceptions on November 7, 2006. Staff recommends
that the Commission grant the Respondent’s Exceptions and
modify the ALJ’s Initial Decision consistent, with the
proposed Opinion and Order. This matter was postponed until Public
Meeting of August 8, 2007.
- Spring Township v. Pennsylvania American Water Company
(PAWC); Neil R. Rahn and David Singerling, et al. v. PAWC;
Wilson School District v. PAWC , (Water Main Leak) OSA-0181*, C-20054919, C-20054746
and C-20055371. The Complaints relate to a water main break that
occurred on February 5, 2005, on the 3100 block of Iroquois Avenue,
Spring Township, Berks County, Pennsylvania. By Initial Decision
issued October 4, 2006, ALJ Weismandel dismissed all three Complaints.
Exceptions were filed on October 24, 2006, by the Wilson School
District, Robert Soto and Anna K. Stubenrauch-Soto, Neil Rahn
and David Singerling, et al., the Office of Consumer
Advocate, and the Township of Spring. PAWC filed Reply Exceptions
on November 3, 2006. Staff recommends that the Commission adopt
the proposed Opinion and Order which denies the Exceptions. An
Oral Statement was made by Chairman Holland in which he stated
for the record that a counsel of one of the parties is a relative
of Holland’s staff and she did not advise in the decision.
Vote of 5-0 with no further discussion.
- Sheryl R. Devaul v. Clarendon Water Company (Poor Water
Quality),
OSA-0183*, C-20067108. On November 13, 2006, Complainant filed
a Complaint alleging that her water quality was poor and that
her hot water turned black. Complaint wanted her bill adjusted
to account for all the water she used to get clear water. By
his Initial Decision issued April 13, 2007, ALJ Gesoff sustained
the Complaint and determined that Clarendon’s actions were
negligent but did not warrant a penalty. Complainant filed Exceptions
on May 2, 2007, and Clarendon filed Reply Exceptions on May 10,
2007. Staff recommended that the Commission adopt the proposed
Opinion and Order that denies the Exceptions and adopts the Initial
Decision. This matter was postponed until Public Meeting of August
8, 2007.
Bureau of Fixed Utility Services
- Telcove of Pennsylvania, Inc., Telcove Investment, LLC,
Telcove Operations, Inc., Telcove of Eastern Pennsylvania,
and Telcove of York , FUS-0480*, R-00072442, R-00072443, R-00072444, R-00072445,
R-00072446. Supplement Nos., 9, 7, 6, 9 and 6 to Access Tariff
Telephone Pa. P.U.C. Nos. 2, 2, 3, 2 and 2 filed June 12, 2007,
proposing to add Transit Traffic Service. Staff recommends that
the Commission adopt the proposed Order. Vote of 5-0 with Vice
Chairman Cawley concurring in result only.
Combined Bureau Agenda
- Sunoco Pipeline, LP , FUS-1033*, R-00072365. Tariff Pipeline
- Pa. P.U.C. No. 10, filed April 30, 2007, proposing an annual
increase in rates of $963,171, voluntarily postponed to become
effective August 1, 2007. Staff recommends that the Commission
permit the rates to become effective August 1, 2007, consistent
with the proposed Order. Vote of 5-0 with no discussion.
- Sunoco Pipeline, L.P. OTS-0013, R-00072365. Tariff Pipeline
- Pa. P.U.C. No. 10, proposing an annual increase in rates of
$963,000. Staff recommends that the Commission permit the filing
to become effective in its entirety. Adopted 5-0 to the extent
that it is consistent with FUS-1033.
Office of Administrative Law Judge
- PA PUC, et al. v. PPL Electric Utilities Corporation , ALJ-0160*,
R-00049255, R-00049255C0001-C0020. On March 29, 2004, PPL
filed Supplement No. 38 to Tariff Electric-Pa. P.U.C. No. 201
to become effective June 1, 2004, seeking Commission approval
to increase its retail distribution base rate revenues. By Order
entered May 7, 2004, the Commission suspended the tariff until
January 5, 2005. On October 22, 2004, a Recommended Decision
was served, granting PPL’s rate increase. That decision was amended
by Commission Order entered December 22, 2004. An appeal to Commonwealth
Court was filed. On August 4, 2006, Commonwealth Court reversed
the Commission’s decision in part, vacated in part and
affirmed in part the Commission’s Order. On February 8,
2007, the Commission remanded the above-captioned proceeding
to OALJ. The parties submitted a Joint Petition for Settlement
on June 15, 2007. Staff reviewed ALJ Colwell’s Recommended
Decision approving the Settlement. Vote of 5-0 with no discussion.
CARRY-IN AGENDA
Commissioners
- Motion of Chairman Wendell F. Holland In re: Consumer
Advisory Council Membership. C-0006. Motion of Chairman Holland
resolving that the Pa. PUC pursuant to 52 Pa. Code § 91.4(c)(1-3),
hereby ratifying and accepting the following appointment
to the Council for the term beginning on July 1, 2007 and continuing
through June 30, 2009. Majority Chair, Senate Consumer Protection
and Professional Licensure Committee - Robert N. Dampman.
Vote of 5-0 with no further discussion.
- Motion of Commissioner Kim Pizzingrilli In re: Implementation
of the Alternative Energy Portfolio Standards Act of 2004 - Act
35 of 2007 , C-0007, M-00051865, L-00050174, L-00050175. The
Motion of Commissioner Pizzingrilli moving that the OSA, Bureau
of Conservation, Economics and Energy Planning and the Law Bureau
review Act 35 of 2007, and begin the process of developing necessary
revisions to the Commission’s net metering and interconnection
rules at 52 Pa. Code § 75.1, et seq., that Pennsylvania’s
electric distribution companies comply with the provisions of
Act 35 of 2007. Electric distribution companies are directed
to work with Commission staff to revise their currently effective
net metering tariffs to reflect the requirements of Act 35, and
that the OSA prepare a Secretarial Letter consistent with this
Motion be served on all parties, is attached. Vote of 5-0 with
no further discussion.
ANNOUNCEMENTS
- Chairman Holland welcomed Dan Maliser, a student at Elizabethtown
College and a new intern for the Office of Communications.
- Verdina Showell is leaving Chairman Holland’s staff.
THE NEXT REGULAR MEETING IS SCHEDULED FOR WEDNESDAY,
AUGUST 8, 2007 AT 2:00 P.M.
* Denotes Order
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