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Highlights: PA PUC Public Session of August 30, 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 30, 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 to our clients
and our firm 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, September 13, 2007 at 10:00
a.m. The minutes of the Public Meeting of July 25, 2007
were unanimously approved without modification.
CASES OF SPECIAL INTEREST
- Citizens’ Electric Company of Lewisburg, PA and Wellsboro
Electric Company , OSA-0200 R, P-00072306, P-00072307 - Binding
Poll - for approval of Expedited Schedule for Review of a Joint
Default Service Plan and Waiver of Certain Proposed Regulations
filed May 18, 2007. The Commission, by Secretarial Letter, granted
the Petition for Expedited Review and referred the Petition to
the OALJ. Evidentiary Hearings were held and ALJ Chestnut issued
an Order Certifying the Record to the Commission. Staff recommends
that the Commission conduct a Binding Poll of the issues involved.
Motion of Vice Chairman Cawley moving that the Companies initiate
a collaborative process to develop benchmarks and reporting requirements
for those benchmarks, and report to the Commission within 60
days of entry of this Order and that the Companies report quarterly,
under confidential cover, the bidders and prices for each annual
or monthly energy product and that the OSA draft an appropriate
order consistent with this Motion, is attached. Statements by
Vice Chairman Cawley and Commissioner Christy are attached. Vote
of 5-0 with no further discussion.
Bureau of Transportation and Safety
- All matters approved as submitted.
Bureau of Administrative Services
- All matters approved as submitted.
Bureau of Audits
- Newtown Artesian Water Company - Newtown, PA - AUD-0015, D-06MEI033.
Management Efficiency Investigation Evaluating the Implementation
of Selected Recommendations from the August 2004 Focused Management
and Operations Audit. Staff made ten follow-up recommendations
for improvement. The Company’s Implementation Plan indicated
acceptance of all follow-up recommendations. Staff recommends
to make the Audit Report and Implementation Plan Public. Statement
by Chairman Holland is attached hereto. Vote of 5-0 with no further
discussion.
Bureau of Consumer Services
- Philadelphia Gas Works , BCS-0004*, M-00072021. Universal
Service and Energy Conservation Plan 2008-2010 Submitted Pursuant
to 52 Pa. Code § 62.4, filed June 1, 2007. Staff recommends
that the Commission approve the Plan as filed, consistent with
the proposed Order. Statement of Chairman Holland is attached.
Vote of 5-0 with no further discussion.
- First Energy , BCS-0005*, M-00072022. Universal Service and
Energy Conservation Plan 2006-2008 (Metropolitan Edison Company
and Pennsylvania Electric Company) Submitted Pursuant to 52 Pa.
Code, § 54.74, filed June 12, 2007. Staff recommends that
the Commission approve the Plan as filed, consistent with the
proposed Order. Statement of Chairman Holland is attached. Vote
of 5-0 with no further discussion.
- UGI-Penn Natural Gas, Inc. , BCS-0006*, M-00072027. Universal
Service and Energy Conservation Plan 2007-2010 Submitted Pursuant
to 52 Pa. Code § 62.4, filed July 5, 2007. Statement of
Chairman Holland is attached. Vote of 5-0 with no further discussion.
- UGI Utilities Inc. , BCS-0007*, M-00072026. Gas Division Universal
Service Plan for 2008 through 2010 Submitted Pursuant to 52 Pa.
Code § 62.4, filed July 5, 2007. Staff recommends that the
Commission approve the Plan as filed, consistent with the proposed
Order. Statement of Chairman Holland is attached. Vote of 5-0
with no further discussion.
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.
Motion by Chairman Holland moving that the Exceptions of Verizon
Pennsylvania Inc. are granted consistent with this Motion, that
the Initial Decision of ALJ Charles Rainey, Jr. issued on October
18, 2006 is reversed consistent with this Motion and that the
OSA prepare an Opinion and Order consistent with this Motion
is attached. The Dissenting Statement by Commissioner Christy
is also attached. Vote of 3-2 with Vice Chairman Cawley and Commissioner
Christy dissenting.
- George Crawford v. National Fuel Gas Distribution Corporation , OSA-0093*, C-20066348. On May 8, 2006, NFG filed a Formal Complaint
appealing the April 26, 2006 BCS Informal Decision. By Initial
Decision issued October 26, 2006, ALJ Hoyer sustained NFG’s
Complaint and vacated the BCS Informal Decision. No Exceptions
were filed and on December 1, 2007, the Initial Decision became
final. On December 8, 2006, NFG filed a Petition for Clarification.
Staff recommends that the Commission grant the Petition and reverse
the Commission Order of December 1, 2006 which vacated the BCS
Informal Decision. Statements of Chairman Holland, Commissioner
Christy, Commissioner Pizzingrilli as well as the Dissenting
Statement by Commissioner Fitzpatrick are attached. Vote of 3-2
with Commissioners Fitzpatrick and Pizzingrilli dissenting.
- Windstream Pennsylvania, Inc. and Sprint Communications
Company, L.P. , OSA-0191. Joint Petition filed on July 18, 2007, for Approval
of 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.
- Philadelphia Gas Works , OSA-0197*, P-00042090, R-00049157,
M-00021612, P-00032061. Investigation into Financial Collection
Issues. On November 20, 2006 PGW filed a Petition for Rescission
and Amendment of Prior Order. On November 28, 2006, the Commission’s
Law Bureau Prosecutory Staff filed its Entry of Appearance as
well as an Answer to the Petition. Various Parties filed Answers
to the Petition. This matter was postponed until Public Meeting
of September 13, 2007.
- Palmerton Telephone Company and Sprint Communications Company
L.P. , OSA-0198*, A-310183F7011. Joint Petition filed on June
13, 2007, for Approval of 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.
- PA PUC, LBPS v. North Pittsburgh Telephone Company (billing
dispute), OSA-0202*, M-00072011. On November 27, 2006, Prosecutory
Staff initiated an informal investigation of NPTC relative to
the over-billing of customers using TRS. After the informal investigation,
Prosecutory Staff and NPTC entered into discussions which resulted
in the instant proposed Settlement. By Opinion and Order entered
May 31, 2007, the Commission issued the proposed Settlement for
Comments. No Comments were filed. Staff recommends that the Commission
approve the proposed Settlement. Vote of 5-0 with no discussion.
Bureau of Fixed Utility Services
- All matters approved as submitted.
Combined Bureau Agenda
- Keystone Utilities Group, Inc. , FUS-0831*, R-00072332, et
al. Supplement No. 19 to Tariff Sewer-Pa. P.U.C. No. 1, filed
April 26, 2007, proposing an annual increase in rates of $48,816,
voluntarily postponed to become effective September 1, 2007.
Formal Complaints have been filed. Staff recommends that the
Commission institute an investigation, noting that the Tariff
will be suspended by operation of law until April 1, 2008; and
that the case be assigned to the OALJ, consistent with the proposed
Order. Vote of 5-0 with no discussion.
- Keystone Utilities Group, Inc. , OTS-0014, R-00072332. Supplement
No. 19 to Tariff Sewer-Pa. P.U.C. No. 1, filed April 26, 2007,
proposing an annual increase in rates of $48,816. Staff recommends
that the Commission institute an Investigation and allowing the
filing to be suspended by operation of law. Adopted 5-0 to the
extent that it was consistent with FUS-0831.
- Birch Acres Water Works, Inc. , FUS-0844*, R-00072458, et
al. Tariff Water-Pa. P.U.C. No. 9, filed June 20, 2007, proposing
an annual increase in rates of $6,230, to become effective September
1, 2007. A Formal Complaint has been filed. Staff recommends
that the Commission institute an Investigation, noting that the
Tariff will be suspended by operation of law until April 1, 2008;
and that the case be assigned to the OALJ, consistent with the
proposed Order. Vote of 5-0 with no discussion.
- Birch Acres Water Works, Inc. , OTS-0022, R-00072458. Tariff
Water-Pa. P.U.C. No. 9, proposing an annual increase in rates
of $6,230, to become effective September 1, 2007. Staff recommends
that the Commission institute an Investigation and allow the
filing to be suspended by operation of law. Adopted 5-0 to the
extent that it was consistent with FUS-0844.
- Wonderview Sanitary Facilities , FUS-0849*, R-00072471, et
al. Supplement No. 1 to Tariff Sewer-Pa. P.U.C. No. 3, filed
June 22, 2007, proposing an annual increase in rates of $18,577,
to become effective September 1, 2007. A Formal Complaint has
been filed. Staff recommends that the Commission institute an
Investigation, noting that the Tariff will be suspended by operation
of law until April 1, 2008; and that the case be assigned to
the OALJ, consistent with the proposed Order. Vote of 5-0 with
no discussion.
- Wonderview Sanitary Facilities , OTS-0021, R-00072471. Supplement
No. 1 to Tariff Sewer-Pa. P.U.C. No. 3, proposing an annual increase
in rates of $18,577, to become effective September 1, 2007. Staff
recommends that the Commission institute an Investigation and
allow the filing to be suspended by operation of law. Adopted
5-0 to the extent that it was consistent with FUS-0849.
Law Bureau
- Cottage Hose Ambulance Corp., Inc. , Petition for Waiver,
L-0082*, P-00072325, A-00113319. Staff recommends that the Commission
adopt the proposed Order denying the Petition in part and granting
it in part. Motion by Commission Pizzingrilli moving that the
Petition for Waiver be granted for those currently employed drivers
affected by the new age restriction so long as they meet the
requirements identified by Cottage Hose and Department of Health
regulations. A copy of this Order shall be retained by those
drivers under the age of 21 years while providing service and
within 60 days of the entry of this Order the BTS in conjunction
with the Law Bureau will evaluate the economic, employment and
service impact of the regulation on those companies that have
dual certification and provide a report to the Commission, and
the Department of Health and those companies identified by staff
to have dual certification be served a copy of this Order and
that the Law Bureau prepare an Order consistent with this Motion,
is attached. Vote of 5-0 with no further discussion.
- Rulemaking re Implementation of the Public Utility Confidential
Security Information Disclosure Protection Act , L-0085*, L-00070185,
M-00072014. Proposed Rulemaking Order. Staff recommends that
the Commission adopt the proposed Rulemaking Order to be published
in the Pennsylvania Bulletin for Comments.
- Verizon Pennsylvania Inc. and Verizon North Inc. , L-0088*,
P-00072327, P-00930715F1000, P-00001854F1000. Petition for Protective
Order regarding their 2007 Network Modernization Plan 9NMP) Biennial
Reports. Staff recommends that the Commission grant the Petition,
consistent with the proposed Protective Order. Vote of 5-0 with
no discussion.
- Proposed Rulemaking To Permit Electronic Filing , L-0091*,
L-00070187. The Proposed Regulations, as set forth in Annex A,
reflect the Comments the Commission received in writing and in
discussions held during meetings with the Commission’s
Bureaus and external Stakeholders. Staff recommends that the
Commission adopt the Proposed Rulemaking Order and Annex A, to
be published in the Pennsylvania Bulletin. Vote of 5-0
with no discussion.
Office of Administrative Law Judge
- John L. Kinzler, Jr. v. AT&T Communications of PA, Inc.
and The United Telephone Company of PA d/b/a Embarq 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
2,1 2007. The Commission reviewed ALJ Hoyer’s Initial Decision
dismissing the complaint. Motion of Vice Chairman Cawley moving
that the proceeding be remanded to the OALJ, that the presiding
ALJ first ascertain whether Complainant wishes to continue the
present action, whether the Complainant will inform the Commission
and the presiding ALJ whether he wishes to maintain the present
action within twenty (20) days allowing receipt of appropriate
written notification from presiding ALJ, if Complainant wishes
to continue present action, the presiding ALJ examine and enter
appropriate and more detailed findings on wether Complainant
is lawfully entitled to a larger refund associated with the fixed
charges on his long-distance plan and for an appropriate period
of time during which Complainant did not make use of the long-distance
service at issue. The presiding ALJ should conduct such further
proceedings as necessary culminating in the issuance of an Initial
Decision on Remand, and in the event that Complainant does not
wish to maintain the present action or fails to timely respond
to the written notification of the presiding ALJ issue an Initial
Decision on Remand dismissing the Formal Complaint and closing
the case and that the OSA prepare the appropriate Order consistent
with this Motion, is attached. Vote of 3-2 with Commissioners
Fitzpatrick and Pizzingrilli dissenting.
- PA PUC, OCA, OSBA v. Equitable Gas Company , ALJ-0171*, R-00072111,
R-00072111C0001, R-00072111C0002. On April 2, 2007, Equitable
Gas filed a proposed tariff supplement to its Tariff Gas - Pa.
P.U.C. No. 22 containing changes in the Purchased Gas Cost included
in tariff rates resulting from Equitable’s projected cost
of gas purchased for the 12-month period from October 1, 2007
to September 30, 2008. The Commission commenced an investigation
of this filing and assigned this matter to the OALJ. A hearing
was held on June 21, 2007. On July 13, 2007, a Joint Settlement
Agreement was filed. There was a review of ALJ Corbett’s
Recommended Decision approving the Settlement. Statement by Vice
Chairman Cawley is attached. Vote of 5-0 with no further discussion.
CARRY-IN AGENDA
Office of Special Assistants
- All matters approved as submitted.
Commissioners
- Motion of Chairman Wendell F. Holland In Re: Consumer Advisory
Membership , C-0008. Motion of Chairman Holland moving that the
Consumer Advisory Counsel is a viable and effective working organization,
that the Commission is mandated by regulations to officially
appoint and/or ratify members to the Council and that the Pa.
PUC, pursuant to 52 Pa. Code § 91.4(c)(1-3), hereby ratifies
and accepts the following appointments to the Council for the
term beginning on July 1, 2007 and continuing through June 30,
2009, Majority Chair, House Consumer Affairs Committee - Richard
Melvin Adams, Jr., is attached.
ANNOUNCEMENTS
- A reception in honor of Commissioner Fitzpatrick’s final
public session before his departure was held following
the meeting in Executive Chambers.
THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY,
SEPTEMBER, 13, 2007 AT 10:00 A.M.
* Denotes Order
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