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Highlights: PA PUC Public Session of October 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 October 25, 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, November 8, 2007 at 10:00 a.m. The minutes of the Public Meeting of September 27, 2007 were unanimously approved without modification.
Bureau of Transportation and Safety
- Pennsylvania Transit Company, LLC, TSM-0199*, A-00123331. Application of, Philadelphia City and County, for the right to begin to transport, as a common carrier by motor vehicle, persons, in paratransit service. Staff recommends that the Commission adopt the proposed tentative order denying the application. Motion by Chairman Holland moving that the Application of Pennsylvania Transit Company, LLC, as amended, be granted and that the OSA, as expeditiously as possible, prepare the necessary Opinion and Order consistent with this Motion, is attached. Vote of 3-1 with Commissioner Christy dissenting.
- Henry Lee Hill, t/a One Man One Van Passenger Service, TSM-0227*, A-00123729. Application of East Stroudsburg, Monroe County, for the for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service. Staff recommends that the Commission adopt the proposed order approving the application, as amended. Motion of Commissioner Pizzingrilli moving that the recommendation of the Bureau of Transportation and Safety be adopted to the extent consistent with this Motion and be issued as a Tentative Opinion and Order, that the initially-filed Protest of WGM Transportation, Inc. be dismissed, that the parties be afforded ten days from the date of entry of this Order within which to file comments, that if no comments are received within ten days of the date of entry of the Tentative Order, the Order become final without restrictions or further action of the Commission and that the Bureau of Transportation and Safety prepare the appropriate Opinion and Order consistent with this Motion, is attached. Vote of 3-1 with Commissioner Christy dissenting.
- Pennsylvania Public Utility Commission v. Donald E. Bailey, TSV-0039 R*, C-20066925. Pa. PUC alleging that respondent held out, and transported persons for compensation between points in the Commonwealth of Pennsylvania, while not then holding a certificate of public convenience issued by this Commission. Staff recommends that the Commission enter an order directing that the complaint be sustained; that respondent be fined ten thousand dollars ($10,000.00); and that respondent cease and desist from further violations of the Public Utility Code, 66 Pa. C.S. §§101 et seq., and the Regulations of this Commission at 52 Pa. Code §§1.1, et seq. Vote of 3-1 with Commissioner Christy dissenting.
Bureau of Audits
- Gas Cost Rates to Become Effective November 1, 2007, AUD-0025, M-00072040. Staff recommends that the Commission approve those rates reflected on Attachment B of AUD-0025 to become effective with service rendered on and after November 1, 2007, and that the respective gas utilities be notified by Secretarial letter. Statement by Commissioner Christy is attached. Vote 4-0 with no further discussion.
Office of Special Assistants
- 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. Motion of Vice Chairman Cawley moving that the Initial Decision of ALJ Melillo be adopted in its entirety and that the OSA prepare an Opinion and Order consistent with this Motion is attached. Vote of 3-1 with Commissioner Christy dissenting.
- IDT America Corporation and Windstream Pennsylvania, Inc., OSA-0235*, A-310782F7004. Joint Petition filed on September 4, 2007 for Approval of an Interconnection Agreement. No Comments have been filed. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.
- PA PUC, BTS v. Elegant Ride, Inc., OSA-0241*, C-20077843. Petition for Rescission filed by Elegant Ride, Inc. on September 28, 2007. Staff recommends that the Commission grant the Petition for Rescission, consistent with the proposed Opinion and Order. Vote of 3-1 with Commissioner Christy dissenting.
Bureau of Fixed Utility Services
- RCN Telecom Services, Inc., FUS-0499*, A-310554F0002 AMC. Application filed May 1, 2006, and subsequently amended on June 22 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 Ironton Telephone Company. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
- Sunoco Pipeline L.P., FUS-1050*, R-00072621. Supplement No. 2 to Tariff-Pipeline Pa. P.U.C. No. 10 filed August 31, 2007, proposing the establishment of incentive rates. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
- UGI Utilities, Inc., FUS-1052 R*. P-00072334. Supplement No. 43 to Tariff Electric Pa. P.U.C. No. 5 filed September 13, 2007, proposing to provide UGI’s residential customers with several alternative energy provider-of-last-resort service options. Staff recommends that the Commission adopt the proposed Order. Statement by Vice Chairman Cawley is attached. Vote of 4-0 with no further discussion.
Combined Bureau Agenda
- Clarendon Water Company, FUS-0843*, R-00072491. Supplement No. 10 to Tariff Water-Pa. P.U.C. No. 2, proposing an annual increase in rates of $21,759, voluntarily postponed to become effective on November 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 June 1, 2008; and that the case be assigned to the OALJ, consistent with the proposed Order. Vote of 4-0 with no discussion.
- Clarendon Water Company, OTS-0023, R-00072491. Supplement No. 10 to Tariff Water Pa. P.U.C. No. 2, voluntarily postponed to become effective on November 1, 2007, proposing an annual increase in rates of $38,842. Staff recommends that the Commission institute an Investigation and allow the filing to be suspended by operation of law through June 1, 2008. Vote of 4-0 to the extent that it is consistent with FUS-0843.
Law Bureau
All matters approved as submitted.
CARRY-IN AGENDA
- Core Communications, Inc., OSA-0250*, A-310922F7003 et al. Petition of for Arbitration of Interconnection Rates, Terms, and Conditions Pursuant to 47 U.S.C. §252(b). Petition Requesting Review and Answer to Material Question. Staff recommends that the Commission deny Core’s Petition, decline to answer the Material Question at this time and remand the proceedings to the OALJ, consistent with the proposed Opinion and Order. Motion by Vice Chairman Cawley moving that Core’s Material Question be answered in the manner suggested by Core and that the OSA prepare the appropriate Order is attached. Vote of 4-0 with no further discussion.
- Verizon Pa Inc. and Verizon North Inc., OSA-0251*, P-00042092, P-00062210. Petition of for Arbitration …; and in the Matter of Petition to Open an Investigation into the Wire Centers that Verizon PA Inc. and Verizon North Inc. Assert are Non-Impaired Under the FCC’s Triennial Review Remand Order. Petition for Review and Answer to Material Question. Staff recommends that the Commission grant the Petition and answer the questions consistent with the proposed Opinion and Order. This matter was withdrawn by the Office of Special Assistants.
Commissioners
- Motion of Chairman Wendell F. Holland In Re: Consumer Advisory Council Membership, C-0010. Motion by Chairman Holland in which Rick Hicks was appointed to the Advisory Counsel, is attached. Vote of 4-0 with no further discussion.
ANNOUNCEMENTS
- Alfonzo Arnold from the staff is retiring.
THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, NOVEMBER 8, 2007 AT 10:00 A.M.NO ANNOUNCEMENTS
* Denotes Order
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