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Highlights: PA PUC Public Session of September 27, 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 27, 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 tentatively scheduled for Thursday, October 11, 2007 at 10:00 a.m. The minutes of the Public Meeting of August 30, 2007 were unanimously approved without modification.
Bureau of Transportation and Safety
- All matters approved as submitted.
Bureau of Audits
- All matters approved as submitted.
Bureau of Consumer Services
- All matters approved as submitted.
Office of Special Assistants
- PA PUC, BTS v. Neil A. Balliet, t/a Neil A. Balliet Trucking (Settlement Agreement), OSA-0207*, A-0011979C0601. In its Complaint filed November 27, 2006, BTS averred that Respondent conducted at least thirty-nine property moves for compensation while not holding a Certificate from the Commission in 2005. On December 14, 2006, Respondent filed an Answer. As part of the Settlement, Respondent agreed to comply with the Public Utility Code, Regulations and Policies in the future. BTS agreed to the reduction of the proposed penalty. Staff recommends that the Commission adopt the proposed Opinion and Order which approves the Settlement Agreement as filed. Statement of Commissioner Christy is attached. Vote of 3-1 with Commissioner Christy dissenting.
- 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 October 11, 2007.
Bureau of Fixed Utility Services
- Independent Telecommunications Service, Inc. t/a ITS Communications t/a IXC Direct (ITS) and Capital Growth Systems, Inc. (CGSY), FUS-1364*, A-311304F0002. Joint Application filed August 14, 2007 for approval of a transfer of control. Staff recommends that the Commission adopt the proposed Order. There was an Oral Statement by Chairman Holland. Vote of 3-1 with Chairman Holland dissenting.
Law Bureau
- Level 3 Communications, LLC, L-0077*, P-00062222. Petition to Amend the Public Utility Commission Regulations to Streamline Transfer of Control and Affiliate Filing Requirements for Competitive Carriers. Rulemaking to Amend Chapter 63 Regulations so as to Streamline Procedures for Commission Review of Transfer of Control and Affiliate Filings for Telecommunications Carriers. Staff recommends that the Commission grant, in part, the Level 3 Petition and approve the proposed Order and Annex A, initiating a Rulemaking Proceeding, to be published in the Pennsylvania Bulletin. Statement of Commissioner Christy is attached. Vote of 4-0 with no further discussion.
Office of Administrative Law Judge
- PA PUC, OCA, OSBA v. UGI Penn Natural Gas, Inc. (Penn Gas), PA PUC, OCA, OSBA v. UGI Utilities, Inc. - Gas Division (UGI Gas), ALJ-0173*, R-00072334, R-00072334C0001, R-00072334C0002, R-00072335, R-00072335C0001, R-00072335C0002. On June 1, 2007, Penn Gas and UGI Gas each filed their annual purchased gas cost tariff pursuant to 52 Pa.Code § 53.64(c) to be effective for service rendered on and after December 1, 2007. On August 8, 2007, UGI filed a Stipulation in Settlement of Section 1307(f) Rate Investigation between Penn Gas, UGI Gas, OCA, OSBA, and OTS. Staff reviewed ALJ Weismandel’s Recommended Decision approving the Settlement. Statement by Vice Chairman Cawley is attached. Vote of 4-0 with no further discussion.
CARRY-IN AGENDA
Commissioners
- Motion of Chairman Wendell F. Holland In Re: Consumer Advisory Council Membership, C-0009. Motion of Chairman Holland moving that the Consumer Advisory Council is a viable and effective working organization, that the Commission is mandated by regulation 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 - Minority Chair, House Consumer Affairs Committee - Joseph E. Tone, III.
NO ANNOUNCEMENTS
THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, SEPTEMBER 27, 2007 AT 10:00 A.M.
* Denotes Order
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