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Highlights: PA PUC Public Session of August 8, 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 August 8, 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 Thursday,
August 30, 2007 at 10:00 a.m. The minutes
of the Public Meeting of July 11, 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.
Bureau of Audits
- All matters approved as submitted.
Office of Special Assistants
- Francis Odza v. Verizon PA Inc. (Unauthorized Advertising
Charges), OSA-0069*, C-20055192. Complaint 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 30,
2007.
- Lori Lucas v. Columbia Gas of PA, Inc. (Reimbursement of
Costs),
OSA-0132*, C-20065830. Complaint seeking reimbursement costs
in having service line repaired and meter moved, filed February
3, 2006. Columbia filed Answer on February 27, 2006. Motion for
Judgment on the Pleadings filed by Columbia on April 13, 2006.
ALJ Weismandel’s May 15, 2006 Initial Decision granted
the Motion. Exceptions filed by Complaint on May 18, 2006. 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.
Statement by Commissioner Pizzingrilli agreeing with the ALJ’s
conclusion that the Commission is without jurisdiction to award
the relief sought in the Complaint. However, she is cognizant
of the fact that Complainant appeared in the matter pro se and
there may be issues of material fact related to the underlying
service issue in the case. She also noted in particular that
while the parties agree that the meter was moved pursuant to
a policy of Respondent, the pleadings are void of any specific
evidence regarding its policy. The Statement is attached. Vote
of 5-0 with Commissioners Pizzingrilli and Fitzpatrick concurring
in result only.
- Pa. PUC, BTS v. Hope Transportation, Inc. (Payment Dispute),
OSA-0176*, A-00119351C0701. On March 6, 2007, BTS instituted
a Complaint against Petitioner alleging that Petitioner failed
to pay outstanding assessments. By Order issued on June 5, 2007,
the Commission noted that since no Answer to the Complaint had
been timely filed, the allegation of the Complaint was deemed
admitted, the Complaint was sustained, and Petitioner’s
Certificate was cancelled. On June 15, 2007, Petitioner filed
the instant Petition for Reinstatement. No Response to the Petitio
has been filed. Staff recommends that the Commission adopt the
proposed Opinion and Order which grants the Petition subject
to certain conditions. This matter was postponed until Public
Meeting of August 30, 2007.
- Sheryl R. DeVaul v. Clarendon Water Company (Poor Water
Quality),
OSA-0183*, C-20067108. Complaint, filed November 13, 2006, alleged
poor water quality. Complainant 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 recommends that the Commission adopt the proposed
Opinion and Order that denies the Exceptions and adopts the Initial
Decision. Motion by Chairman Holland stating that the Initial
Decision of ALJ Gesoff is adopted to the limited extent consistent
with this Motion and reversed in all other respects, that Mrs.
DeVaul should receive a 50% refund of her paid water bills and
a reduction of 50% on any arrearages from 2002 through the date
of entry of a final order and that the refund check should be
issued within 60 days of the entry date of the final order and
that a verified statement and copy of the check from Clarendon
Water Company shall be submitted to the PUC’s Secretary
at such time the refund is made, that a penalty of $1,000 shall
be issued to Clarendon Water Company and the check should be
made payable to the Commonwealth of Pennsylvania and sent to
the PUC’s Secretary within 30 days of the entry date of
the final order, that a non-prosecutory investigation be conducted
by the Law Bureau of Clarendon Water Company in conjunction with
FUS and the BCS to determine whether the Company is in compliance
with §1501 of the Public Utility Code and whether the water
provided at the tap is suitable for all household purposes and
that the investigation be conducted in coordination with DEP,
consistent with the Memorandum of Understanding executed by the
two agencies on 12/2/93 and consistent with DEP’s authority
to enforce the 1974 Federal Safe Drinking Water Act and the investigation
shall address the above-cited concerns and form the basis for
any recommended corrective actions Clarendon may need to implement
with specific time frames and that the OSA shall prepare the
appropriate Tentative Order providing for a comment period of
20 days, is attached. The Statements of Commissioners Pizzingrilli
and Fitzpatrick are also attached. Vote of 3-2 with Commissioners
Fitzpatrick and Pizzingrilli dissenting.
- PA PUC , LBPS v. Philadelphia Gas Works (Settlement Agreement),
OSA-0188*, M-00072017. On or about June 1, 2006, Prosecutory
Staff initiated an Informal Investigation into the circumstances
surrounding a March 13, 2006 house fire in PGW’s service
territory. Gas service to the premises had been terminated prior
to the fatal fire. After the informal investigation, Prosecutory
Staff and PGW entered into discussions regarding settling the
matter without the need for an on-the-record proceeding. Those
discussions resulted in the instant proposed Settlement. Staff
recommends that the commission issue the proposed Joint Settlement
for Comment. Statement of Commissioner Christy supporting the
recommendation of the OSA is attached. Vote of 5-0 with no further
discussion.
- Windstream PA, Inc. formerly Alltel PA, Inc., and MCImetro
Access Transmission Services, LLC, OSA-0189*, A-310752F7004.
Joint Petition filed on June 8, 2007 for Approval of Amendment
No. 1 to an Interconnection Agreement. Staff recommends that
the Commission adopt the proposed Opinion and Order granting
the Joint Petition. Vote of 5-0 with no discussion.
- Buffalo Valley Telephone Co., et al. , OSA-0190*, I-0040105,
P-981428F1000, et al, R-00061375, et al. Investigation Regarding
Intrastate Access Charges and IntraLATA Toll Rates of Rural Carriers
and The Pennsylvania Universal Service Fund; 2006 Annual Price
Stability Index/Service Price Index Filing. On July 26, 2007,
the D&E Companies filed a Petition for Reconsideration of
certain issues directed by the Commission’s Opinion and
Order entered July 11, 2007. Staff recommends that the Commission
adopt the proposed Opinion and Order granting the Petition, pending
review and consideration on the merits. Vote of 5-0 with no discussion.
Bureau of Fixed Utility Services
- RCN Telecom Services, Inc. , FUS-0481*, A-310554F0002AMB.
Application filed May 1, 2006, and subsequently amended on June
22, 2006, and August 17, 2006, for expanded authority to offer,
render, furnish, or supply telecommunications services as a Competitive
Local Exchange Carrier in the service area of Palmerton Telephone
Company. Staff recommends that the Commission adopt the proposed
Order. Vote of 5-0 with no discussion.
- Meadows Sewer Company, Inc. , FUS-1352*, A-230257F5000. Application
filed May 23, 2007 for the approval of the transfer of ownership
of Meadows Sewer Company, Inc., from, Charles J. Taylor to Frank
Perano. Staff recommends that the Commission adopt the proposed
Order. Vote of 5-0 with no discussion.
Combined Bureau Agenda
- All matters approved as submitted.
Law Bureau
- Proposed Revision of Policy Statement on Customer Assistance
Programs , L-0055*, M-0007 . 52 Pa. Code §§ 69.261-69.267.
Staff recommends that the Commission adopt the proposed Order
revising the CAP Policy Statement, to be published in the Pennsylvania
Bulletin. This matter was postponed until Public Meeting
of August 30, 2007.
- Proposed Rulemaking Relating to Universal Service and Energy
Conservation Reporting Requirements , L-0056*, L-0007 . 52 Pa.
Code §§ 54.71-54.78 (Electric); §§ 62.1-62.8
(Natural Gas) And Customer Assistance Programs, §§ 76.1-76.6.
Staff recommends that the Commission adopt the proposed Order
that initiates the Proposed Rulemaking, to be published in the Pennsylvania
Bulletin. This matter was postponed until Public Meeting
of August 30, 2007.
- Investigation of Conservation, Energy Efficiency Activities,
And Demand Side Response , L-0072*, M-00061984. Staff recommends
that the Commission issue the Tentative Order for public Comment.
This matter was postponed.
- Cottage Hose Ambulance Corp., Inc. , L-0082*, P-00072325,
A-00113319. Petition for Waiver. Staff recommends that the Commission
adopt the proposed Order denying the Petition in part and granting
it in part. This matter was postponed until Public Meeting of
August 30, 2007.
Office of Administrative Law Judge
- PA PUC, OCA, Helen L. Tetmeir, OSBA, Frank Morocco, Francis
P. Stewart v. Columbia Gas of PA, Inc. , ALJ-0162*, R-00072175,
R-00072175C0001-C0005. On March 30, 2007, Columbia filed and
served its annual purchase gas cost tariff, Supplement No. 104
to Tariff Gas of Pa. PUC No. 9 issued April 1, 2007 proposing
an increase in gas cost recovery rates. On June 25, 2007, the
parties filed a General Stipulation of all Issues. Staff reviewed
ALJ Salapa’s Recommended Decision approving the Stipulation.
Statement of Vice Chairman Cawley is attached. Vote of 5-0 with
no further discussion.
- Javalin Sybliss v. UGI Penn Natural Gas, Inc. , ALJ-0164*,
C-20067141. On November 30, 2006, a complaint was filed alleging
a billing dispute. UGI Penn Natural Gas filed its answer on December
22, 2006. A hearing was held on January 30, 2007. Staff reviewed
ALJ Jandebeur’s Initial Decision dismissing the complaint.
This matter was postponed.
- Gail S. Robertson v. Philadelphia Gas Works , ALJ-0165*, C-20067170.
On December 12, 2006, a complaint was filed alleging a billing
dispute. PGW filed its answer on January 8, 2007. A hearing was
held on March 20, 2007. Commission reviewed ALJ Nguyen’s
Initial Decision dismissing the complaint. This matter was withdrawn
by the OALJ.
- John L. Kinzler, Jr. v. AT&T Communications of PA, Inc.
and The United Telephone Company of PA d/b/a Embarq of PA, Inc.
, ALJ-0167*, C-20066370. On May 18, 2006, a complaint was filed
alleging a billing dispute. AT&T filed an Answer and New
Matter on June 13, 2006. A hearing was held on February 21, 2007.
Commission reviewed ALJ Hoyer’s Initial Decision dismissing
the complaint. This matter was postponed until Public Meeting
of August 30, 2007.
CARRY-IN AGENDA
- All matters approved as submitted.
ANNOUNCEMENTS
- Commissioner Fitzpatrick announced that he is resigning effective
September 4, 2007. He will be in attendance at the August 30,
2007 public meeting. He has accepted a position as general counsel
to the Electric Power Generation Association.
THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY,
AUGUST 30, 2007 AT 10:00 A.M.
* Denotes Order
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