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Highlights: PA PUC Public Session of November 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 November 8, 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 29, 2007 at 10:00 a.m. The minutes of the Public Meeting of October 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.
Office of Special Assistants
- PA PUC, BTS v. Krapf’s Coaches (Settlement Agreement), OSA-0232*, A-00104504C0701. On September 4, 2007, the Commission’s Law Bureau and Respondent filed a Settlement Agreement in order to satisfy the Complaint filed by BTS against Respondent. As part of the Settlement, Respondent agreed to comply with the Public Utility Code and the Commission’s Regulations and Policies in the future. BTS agreed to the reduced civil penalty. Staff recommends that the Commission adopt the proposed Opinion and Order which approves the Settlement Agreement as filed. Vote of 4-0 with no discussion.
- PA PUC, BTS v. Maria A. Costanza, t/a Costanza’s Chauffeur Service (Certificate of Public Convenience), OSA-0240* A-00119040C0701. BTS alleged that Costanza advertised in the March 2006 and March 2007 Verizon Yellow Pages offering to provide service for compensation, while not then holding a Certificate of Public Convenience. Costanza did not file an Answer. The Complaint was sustained by Order entered September 17, 2007. A fine was imposed and Costanza was ordered to cease and desist from further violations of the Code. Costanza filed a late-filed Answer on September 21, 2007. BTS filed a Reply to Costanza’s Answer. Staff recommends that the Commission refer the matter to the Office of Administrative Law Judge, consistent with the proposed Opinion and Order. This matter was postponed until Public Meeting of November 29, 2007.
- Ruben Collazo v. Stillwater Sewer Corporation, (Certificate of Public Convenience Issue) OSA-0244*, C-20066892. On September 22, 2006, Complainant claimed that Respondent is providing illegal public utility service because it does not hold a Certificate of Public Convenience. On November 16, 2006, Respondent filed an Answer and New Matter. By Initial Decision issued on April 6, 2007, ALJ Corbett, Jr. denied the Complaint. Complainant filed Exceptions on April 24, 2007. Respondent filed Reply Exceptions on May 3, 2007. Staff recommends that the Commission adopt the proposed Opinion and Order denying the Complainant’s Exceptions. This matter was postponed until Public Meeting of November 29, 2007.
- Kathleen Sylvester v. Washington Park Water Company, Inc. and Washington Park Sanitary Company (Service Issue), OSA-0252*, C-20055453, et al. On October 19, 2005, through January 9, 2006, the Complainants filed Formal Complaints against WP alleging that the quality of their water and/or wastewater service was poor. By her Initial Decision issued August 16, 2007, ALJ Jandebeur sustained the Complaint and determined that WP’s actions were intentional and warranted penalties. WP and the Office of Consumer Advocate filed Exceptions on September 5, 2007. The OCA and the Commission’s Law Bureau filed Reply Exceptions on September 17, 2007. Staff recommends that the Commission adopt the proposed Opinion and Order that grants the Exceptions in part and denies the Exceptions in part, and modifies the Initial Decision. Postponed until Public Meeting of December 6, 2007.
- Hickory Telephone Company and Dobson Cellular Systems, Inc., OSA-0255*, A-311067F7028. Joint Petition filed on September 26, 2007 for Approval of the Adoption of a Commercial Mobile Radio Services Agreement. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.
- Yukon-Waltz Telephone Company and Dobson Cellular Systems, Inc., OSA-0256*, A-311067F7036. Joint Petition of filed on September 26, 2007 for Approval of the Adoption of a Commercial Mobile Radio Services Agreement. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion. Vote of 4-0 with no discussion.
- Laurel Highland Telephone Company and Dobson Cellular Systems, Inc., OSA-0260*, A-311067F7010. Joint Petition filed on September 26, 2007 for Approval of the Adoption of a Commercial Mobile Radio Services Agreement. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.
Bureau of Fixed Utility Services
- Aqua Pennsylvania, Inc., FUS-0846*, A-210104F0081. Application filed July 18, 2007, for approval to begin to offer, render, furnish, or supply water service to the public in an additional portion of Texas Township, Wayne County, Pennsylvania. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
Combined Bureau Agenda
- Andreassi Gas Company, FUS-1057*, OTS-0026, R-00072677, R-00072677. Supplement No. 74 to Tariff Gas-Pa. P.U.C. No. 2, filed September 25, 2007, proposing an annual increase in rates of $50,002, to become effective November 24, 2007. FUS recommends that the Commission permit the Supplement to become effective, consistent with the proposed Order. OTS also recommends that the Commission permit the Supplement to become effective November 24, 2007. Motion of Chairman Holland to adopt the FUS recommendation and the OTS recommendation to the extent consistent with the FUS recommendation. Vote of 4-0 with no further discussion.
Law Bureau
- Advanced Notice of Proposed Rulemaking, L-0100 R*, L-00040168. This is with regards to Small Generation Interconnection Standards and Procedures. Staff recommends that the Commission adopt the proposed Order, to be published in the Pennsylvania Bulletin. Motion of Commissioner Christy moving that a Secretarial Letter be issued asking for comments on the need to either (a) continue with this rulemaking, or (b) expand the scope of the AEPS interconnection rules to include small generators that do not qualify under the AEPS Act and that the Law Bureau prepare the necessary Secretarial Letter consistent with this Motion. A copy of the Motion is attached. Vote of 4-0 with no further discussion.
Office of Administrative Law Judge
- John W. Mitchell v. Equitable Gas Company, ALJ-0181*, C-20077457. On March 14, 2007, a complaint was filed alleging a service dispute. Equitable filed an Answer and New Matter on April 2, 2007. On May 17, 2007, a hearing was held. The Commission reviewed ALJ Hoyer’s Initial Decision dismissing the Complaint. The matter was postponed until Public Meeting of November 29, 2007.
- John G. Bergdoll, III v. The York Water Company, ALJ-0182*, C-20077758. On April 19, 2007, a complaint was filed alleging a service dispute. On July 18, 2007, Respondent filed an Answer and New Matter along with Preliminary Objections seeking dismissal of the complaint. The Commission reviewed CALJ Smith’s Initial Decision dismissing the complaint. Vice Chairman Cawley concurred in result only noting his disappointment that the utility’s Answer was not timely filed. Vote of 4-0 with no further discussion.
- Citizens’ Electric Company of Lewisburg, PA and Wellsboro Electric Company, OSA-0261*, P-00072306, P-00072307. Petition for Reconsideration of the OSBA; Default Service Plan. Staff recommends that the Commission grant, in part, the Petition of the OSBA for Reconsideration of the Commission’s Opinion and Order entered October 3, 2007. Vote of 4-0 with no discussion.
CARRY-IN AGENDA
- Metropolitan Edison Company and Pennsylvania Electric Company, OSA-0263*, P-00062235. Petition for approval to revise the accounting methodology used for NUG-related stranded costs, filed on August 24, 2006. Exceptions and Reply Exceptions to ALJ Colwell’s May 3, 2007 Initial Decision were filed. Staff recommends that the Commission adopt the proposed Opinion and Order. Vote of 4-0 with no discussion.
NO ANNOUNCEMENTS
- THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, NOVEMBER 29, 2007 AT 10:00 A.M.
* Denotes Order
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