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Highlights: PA PUC Public Session of December 20, 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 December 20, 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, January 10, 2008 at 10:00 a.m. The minutes of the Public Meeting of November 20, 2007 were unanimously approved without modification.
Bureau of Transportation and Safety
- All matters approved as submitted.
Bureau of Audits
- West Penn Power Company, AUD-0030, R-00072689. Intangible Transition Charge Reconciliation Filing for the period December 1, 2007 through November 30, 2007. Staff recommends that the Commission approve West Penn’s ITC net under-collections for the period December 1, 2006 through November 30, 2007 and direct West Penn to file, by December 21, 2007, revised ITC rates to become effective January 1, 2008. Vote of 4-0 with no discussion.
Office of Special Assistants
- PA PUC, BTS v. Felix M. Szczepanski, t/a J. B. Taxi, (Settlement Agreement) OSA-0264*, A-00118810C0701. On October 30, 2007, BTS and Respondent filed a Settlement Agreement to satisfy the Complaint filed by BTS against Respondent. In its Complaint, BTS averred that inspection of six of Respondent’s vehicles revealed various violations. BTS requested a civil penalty be imposed for the violations. As part of the Settlement, Respondent agreed to comply with the Public Utility Code and Commissions’ Regulations and Policies in the future. BTS agreed to a reduced civil penalty. Staff recommends that the Commission adopt the proposed Opinion and Order which approves the Settlement Agreement as filed. Statement by Commission Christy commending the parties for their efforts in reaching an amicable agreement and he encourages parties to enter into settlements when the settlements are in the public interest. However, he does not agree with the settlement terms in this case and feels that they are not in the public interest. He believes the penalty amount is excessive and should be substantially lower and that the alleged violations did not involve poor service to the public and not a single customer was affected. He also feels, based upon the record, that it does not appear that the Respondent intentionally violated any Commission regulations or orders or that the Respondent has a poor compliance history. Therefore, for these reasons, he will not support the settlement and respectfully dissents from the majority decision. Vote of 3-1 with Commission Christy dissenting.
- Michael Strickhouser v. Metropolitan Edison Company, Inc., Alleged Appliance Damage), OSA-0271*, C-20077273. On January 12, 2007, Complainant alleged that he had experienced appliance damage due to high voltage when a Met Ed line failed; and that the problem would not have occurred if Met Ed maintained its facilities. By her Initial Decision issued July 16, 2007, ALJ Melillo sustained the Complaint to the extent that she ordered Met Ed to monitor its failed neutral connections by age and location, but dismissed the Complaint in all other respects. Exceptions were filed by Met Ed. Staff recommends that the Commission adopt the proposed Opinion and Order that grants the Exceptions in part, denies the Exceptions in part and modifies the Initial Decision. Dissenting Statement by Commissioner Christy stating that upon his review of the case he believed the service provided by Met Ed was unreasonable and, therefore, a clear violation of Section 1501 of the Public Utility Code 66 Pa.C.S. §1501. Contrary to the ALJ’s conclusion, he does not believe that Mr. Strickhouser was required to prove Met Ed acted intentionally or negligently in order to show that the company provided unreasonable service. Although taking no position in the dissenting statement regarding the financial decision on the part of Met Ed, Commissioner Christy does believe it is incumbent on Met Ed to pay for the damages incurred by its customers who suffer the effects of failed neutrals. In this particular case, Met Ed should reimburse Mr. Strickhouser for the damages to his various appliances, light bulbs, and carpet. A copy of this statement is attached. Vote of 3-1 with Commissioner Christy dissenting.
- PA PUC v. Pennsylvania Power Company, OSA-0275*, P-00072305. Petition for approval of an Interim Default Service Supply Plan. Joint Petition for Settlement filed by Penn Power, OCA, OSBA, Dominion and Constellation. PPUG did not oppose the Settlement. OTS filed Exceptions to the Recommended Decision issued October 30, 2007. Penn Power & Dominion filed Reply Exceptions. Staff recommends that the Commission deny OTS’s Exceptions and adopt the ALJ’s Recommended Decision, consistent with the proposed Opinion and Order. Joint Motion of Vice Chairman Cawley and Commissioner Christy moving that the Recommended Decision of ALJ Nene is reversed insofar as it recommends approval of the Settlement provisions related to the procurement of supply for residential customers, and the matter is remanded to the Office of Administrative Law Judge for further proceedings consistent with this motion, that the Office of Administrative Law Judge shall conduct the proceeding such that matter is presented to the Commission for its consideration no later than the Public Meeting of March 4, 2008, that the Secretary’s Bureau shall serve a copy of this motion upon the Parties, and reassign this proceeding to the Office of Administrative Law Judge, by close of business today and that the OSA shall prepare the necessary Order consistent with this Motion, is attached. Dissenting Statement by Commissioner Pizzingrilli who believes that the plan should have been adopted in its entirety is attached. There was also a Concurring and Dissenting Verbal Statement by Chairman Holland. Vote of 3-1 with Commissioner Pizzingrilli dissenting.
- Heather Judson Wild v. PECO Energy Company (Billing and Payment Issue), OSA-0403*, C-20066461. By Initial Decision issued on December 14, 2006, ALJ Nguyen dismissed the billing complaint and granted a payment arrangement for the Complainant. PECO filed Exceptions on January 3, 2007. Staff recommends that the Commission adopt the proposed Opinion and Order denying PECO’s Exceptions and adopting the ALJ’s Initial Decision. This matter was postponed until Public Meeting of January 10, 2008.
Bureau of Fixed Utility Services
- Ironton Telephone Company, FUS-0508*, R-00072644. Supplement No. 109 to Tariff Telephone Pa. P.U.C. No. 2 filed September 7, 2007, proposing to increase the non-recurring service maintenance visit charge to become effective on October 8, 2007. Staff recommends that the Commission adopt the proposed Order. Vote of 3-1 with Commissioner Christy dissenting.
- The United Telephone Company of Pennsylvania d/b/a Embarq Pennsylvania, FUS-1384*, A-313200F0008. Application filed November 8, 2007 for approval of a corporate restructuring from a business corporation to a limited liability company. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
Combined Bureau Agenda
- Verizon Pennsylvania Inc., FUS-0510*, P-00930715F1000 and C-20078513. 2008 Price Change Opportunity Filing, filed November 1, 2007. OSBA filed a Formal Complaint on November 13, 2007. There are no rate changes associated with this Filing. Staff recommends that the Commission permit the filing to become effective, consistent with the proposed Order, subject to investigation and potential refund pursuant to final adjudication of the issues raised by OSBA. Vote of 4-0 with no discussion.
- Verizon Pennsylvania Inc. and Verizon North Inc., L-0115*, P-00930715F1000, C-20078513 and P-00001854F1000, C-20078514, TN-6. Petition for a Protective Order regarding their 2008 Price Change Opportunity Filings. Staff recommends that the Commission grant Verizon’s Petition for Protective Order, consistent with the proposed Order. Vote of 4-0 with no discussion.
Law Bureau
- National Fuel Gas Distribution Corporation, L-0116*, P-00072343. Petition for an Order to Show Cause why New Mountain Vantage BP, L.L.C. and others should not be required to apply for a Certificate of Public Convenience. Staff recommends that the Commission adopt the proposed Order dismissing the Petition for lack of jurisdiction. Motion of Vice Chairman Cawley moving that the preliminary objections of NMV be denied, that NMV be directed to file an answer to the Complaint and Petition by January 4, 2008 and that the OSA expeditiously draft an Order consistent with this motion is attached. Chairman Holland also had a Statement. Vote of 4-0 with no further discussion.
Office of Administrative Law Judge
- John W. Mitchell v. Equitable Gas Co., 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. Motion by Commissioner Christy moving that the Initial Decision of Administrative Law Judge Mark A. Hoyer issued on August 23, 2007, is reversed consistent with this motion, that the Complaint filed by John W. Mitchell be sustained, and a civil penalty of $500 be imposed on Equitable Gas Company and that the OSA prepare a Tentative Opinion and Order, with a 20-day comment period, consistent with this motion, is attached. Vote of 4-0 with no further discussion.
- PA PUC, et al. v. Wellsboro Electric Co., ALJ-0192*, R-00072350, R-00072350C0001, R-00072350C0002. On April 30, 2007, Wellsboro filed a Supplement No. 31 to Tariff electric-Pa. P.U.C. No. 8 with a proposed effective date of June 29, 2007 requesting an overall base rate increase. By Order entered June 22, 2007, the Commission instituted an investigation. On June 29, 2007, Wellsboro submitted a tariff suspension supplement to suspend the effective date until February 29, 2008. A Joint Petition for Settlement was filed on October 26, 2007. Staff reviewed ALJ Cocheres’ Recommended Decision approving the Settlement. Statement by Vice Chairman Cawley is attached. Vote of 4-0 with no further discussion.
CARRY-IN AGENDA
- Investigation Regarding Intrastate Access Charges, etc., OSA-0408*, I-00040105, et al. Petition for Reconsideration of Commission Opinion and Order entered December 7, 2007, filed by OCA. Also, Extension of Time to file its Compliance Filing requested by D&E. Staff recommends that 1) the Petition or Reconsideration be granted, pending further review of and consideration on the merits and 2) that the request for an Extension of Time be granted, consistent with the proposed Opinion and Order. Vote of 4-0 with no discussion.
Commissioners
- Motion of Commissioner Kim Pizzingrilli in re: Petition of PECO Energy Company, C-0016, P-00072260. Motion by Commissioner Pizzingrilli moving that the OSA prepare a Final Opinion and Order consistent with this Motion, is attached. Vote of 4-0 with no further discussion
ANNOUNCEMENTS
- Sheryl Delozier from Commissioner Pizzingrilli’s staff is leaving to pursue other endeavors.
THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, JANUARY 10, 2008 AT 10:00 A.M.
* Denotes Order
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