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Highlights: PA PUC Public Session of September 13, 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 September 13, 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 Thursday, September 27, 2007 at 10:00 a.m.  The minutes of the Public Meeting of August 8, 2007 were unanimously approved without modification.

CASES OF SPECIAL INTEREST

  • PA PUC v. Philadelphia Gas Works, OSA-0208, R-00061931C0001, et al.  Supplement No. 16 to Tariff Gas-Pa. PUC No. 2, voluntarily postponed to become effective September 28, 2007, proposing an annual increase in rates of $100 M.  Exceptions and Reply Exceptions filed to ALJ Fordham and ALJ Jones’ Recommended Decision issued July 30, 2007 recommending an annual revenue increase of $25 M.  Staff recommends that the Commission conduct a Binding Poll of the issues.  Statements of Commissioner Christy, Vice Chairman Cawley and Chairman Holland are attached.  Motion by Vice Chairman Cawley moving that Hess’s imbalance trading proposal be adopted, that PGW be directed to submit in Docket No. I-00040103 the Daily imbalance penalties, information on all revenues and charges associated with the monthly cash-out mechanism imposed on NGSs by PGW and evidence of any and all gaming that NGSs did on the PGW system, evidence that HGSs gamed the system on a peak day, top 10 system peak days for last two winters, transportation customer deliveries versus NGS deliveries for each of the 10 days, adjust for system losses, the OSA draft an appropriate order consistent with the Motion is attached.

Bureau of Transportation and Safety

  • Mobility Professionals, Inc, t/a VANS-2-GO, TSM-0192*, A-00122403, F.2.  Application for the right to begin to transport, as a common carrier, by motor vehicle, persons in airport transfer service.  Staff recommended that the Commission adopt the proposed order approving the application as amended.  This case with withdrawn by the Bureau.

Office of Special Assistants

  • 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.  Staff recommends that the Commission grant the Petition in part and deny it in part, consistent with the proposed Opinion and Order and that the Commission adopt the proposed Opinion and Order which grants the Parties’ Motions for Time Extension.  Vote of 4-0 with no discussion.
  • Conrail; Board of Supervisors of Bart Township v. Conrail, PennDOT and Commissioners of Lancaster County, OSA-0199*, A-00111016, C-00913256.  Motions for an Extension of Time, relative to the Commission’s October 9, 1997 Opinion and Order filed by PennDOT, on July 25, 2007; the Townships of Bart, Martic and Sadsbury, on July 30, 2007; and Norfolk Southern Railway Company on August 3, 2007.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants the Parties’ Motions for Time Extension.  Motion of Chairman Holland moving that the parties be directed to file a status report with the Secretary of the Commission every six months and that a copy be filed with the Bureau of Transportation and Safety, ail Safety Division and that the OSA prepare an appropriate Opinion and Order consistent with the Motion is attached.  Vote of 4-0 with no further discussion.

Bureau of Fixed Utility Services

  • Southern Berks Water Company, FUS-0845*, A-210126.  Application filed November 10, 2006 for a Certificate of Public Convenience authorizing it to commence public water service in portions of Robeson Township, Caernarvon Township and New Morgan Borough, Berks County, Pennsylvania.  Staff recommends that the Commission adopt the proposed Order.  This matter was withdrawn by the Bureau.

Law Bureau 

  • Net Metering and Interconnection, L-0096*, L-00050174, L-00050175.  Statutory changes require revisions to the Commission’s Alternative Energy Portfolio Standards Regulations at 52 Pa. Code §§ 75.1, 75.12, 75.13 and 75.14.  Staff recommends that the Commission adopt the proposed Order, to be published in the Pennsylvania Bulletin.  This matter was postponed until the Public Meeting of September 27, 2007.

Office of Administrative Law Judge

All matters approved as submitted.

CARRY-IN AGENDA

Office of Special Assistants

  • The Peoples Natural Gas Company d/b/a Dominion Peoples, OSA-0212*, R-00072109.  Joint Petition for Approval of Settlement Agreement filed July 5, 2007.  On August 7, 2007, ALJ Hoyer issued his Recommended Decision approving the Joint Petition.  Exceptions were filed by Joseph J. Virostek.  Reply Exceptions were filed by Peoples.  Staff recommends that the Commission deny the Exceptions, adopt the Recommended Decision and approve the Joint Petition, consistent with the proposed Opinion and Order.  Motion by Commissioner Christy moving that the Recommended Decision by ALJ Hoyer be adopted, that the purchased gas rates established by the Joint Petition be allowed to go into effect for service rendered on or after October 1, 2007, that Mr. Virostek notify the ALJ with 14 days of the entry date of the Tentative Order, that if Mr. Virostek desires to proceed with his Complaint, the record be reopened and a further hearing scheduled in the PUC’s Pittsburgh Office where Peoples Natural Gas will produce their witnesses for questioning by Mr. Virostek and where Mr. Virostek will have the opportunity to testify, if Mr. Virostek does not notify ALJ Hoyer that he desires to proceed with his Complaint in accordance with Paragraph 3, this Tentative Order will become final without further action of the Commission and that the OSA prepare the appropriate Tentative Order consistent with this Motion, is attached.  The Statement of Vice Chairman Cawley is attached. 
  • Shryock Brothers, Inc. v. Uwchlan Township, OSA-0215*, C-20066648.  A five count Formal Complaint was filed July 13, 2006 by Shryock By Initial Decision issued May 2, 2007, ALJ Melillo granted the Shryock Motion for Partial Summary Judgment addressed to Counts I and II of the Formal Complaint and denied the Township Cross-Motion addressed to all counts.  Exceptions and Replies were filed by the Parties.  The Law Bureau Prosecutory Staff filed Replies to Exceptions.  Staff recommends that the Commission reverse in part the Initial Decision on Counts I and II of the Formal Complaint, consistent with the proposed Opinion and Order.  This matter was postponed until the Public Meeting of September 27, 2007.

NO ANNOUNCEMENTS

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, SEPTEMBER 27, 2007 AT 10:00 A.M.

* Denotes Order

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