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Highlights: PA PUC Public Session of February 14, 2008
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 February 14, 2008 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, February 28, 2008 at 10:00 a.m. The minutes of the Public Meeting of January 28, 2008, were unanimously approved without modification.
Bureau of Transportation and Safety
- All matters approved as submitted.
Bureau of Audits
- West Penn Power Company, AUD-0036, D-06MGT018. Focused Management and Operations Audit. Staff has completed its audit and issued a report containing 21 recommendations for improvement. West Penn has responded with an Implementation Plan classifying 16 recommendations as accepted, 1 as accepted in part, and 4 recommendations as rejected. Staff recommends that the Commission make the Audit Report and the Implementation Plan public.
- Columbia Gas of Pennsylvania, Inc., AUD-0037, D-06PGC044. Auditor’s Report on the Purchased Gas Cost Statement of Over/Under Collections for the Two Fiscal Years ended September 30, 2006. Staff recommends that the Commission approve the audit report for public release. Joint Statement of Chairman Holland and Commissioner Christy states that the direct costs are paid by distribution, that there is no provision in the definition for a markup or profit and that this issue would be more appropriately addressed in the company’s next 1307(f) proceeding and the preliminary filing for this is due March 1, 2008. A copy of the Joint Statement is attached.
Office of Special Assistants
- Cecile and Edward Coble v. Norfolk Southern Railway Company, Carroll Township, York County, Dillsburg Borough and PennDOT (Seeking Abolition of Subject Crossing), OSA-0003*, C-20054723. In his Recommended Decision issued on October 16, 2007, ALJ Cocheres concluded that the crossing should be abolished. Norfolk Southern filed Exceptions, and Complainants and the Township each filed Reply Exceptions. Staff recommends that the Commission adopt the proposed Opinion and Order which denies Norfolk Southern’s Exceptions and adopts the Recommended Decision as the action of the Commission. Motion of Chairman Holland moving that the Exceptions of Norfolk Southern Railway Company be granted and that the OSA prepare the necessary Opinion and Order consistent with this motion. He also does not want to delay the closing of the crossing. A copy of the Motion is attached. Vote of 4-0 with no discussion.
- PA PUC, et al v. Citizens’ Electric Company of Lewisburg, PA, OSA-0011*, R-00072348 et al. Exceptions of ALJ Cocheres December 14, 2007 Recommended Decision filed by Citizens’ on January 3, 2008. Reply Exceptions were filed by OSBA on January 14, 2008. Also before the Commission for consideration is the Petition For Partial Settlement and its Attachments, and the Statements in support of the Partial Statement. Staff recommends that the Commission deny the Exceptions; adopt the ALJ’s Recommended Decision and approve the Petition for Partial Settlement, consistent with the proposed Opinion and Order. The Statement of Vice Chairman Cawley is attached. Vote of 4-0 with no discussion.
- PA PUC, BTS v. Nancy Feracioly (Settlement Agreement), OSA-0020*,
C-20077868. On December 3, 2007, Prosecutory Staff and the Respondent filed a Settlement Agreement in order to satisfy the Complaint filed by BTS. BTS alleged that Nancy Feracioly violated the Public Utility Code by transporting persons for compensation, while not holding a Certificate of Public Convenience. As part of the Settlement, Prosecutory Staff agreed to a reduced civil penalty. Staff recommends that the Commission adopt the proposed Opinion and Order which approves the Settlement Agreement as filed. This matter was postponed until Public Meeting of February 28, 2008.
- PA PUC, BTS v. Ronald F. Swope, Jr. (Settlement Agreement), OSA-0023*,
A-00122178C0601. On December 5, 2007, The Law Bureau Prosecutory Staff and Respondent, filed a Settlement Agreement in order to satisfy a Complaint filed by BTS that alleged Respondent violated the Public Utility Code by holding himself out to transport persons for compensation between points in Pennsylvania, while not holding a Certificate of Public Convenience. As part of the Settlement, Prosecutory Staff and Respondent, with the concurrence of BTS, agreed to eliminate the requested civil penalty. Staff recommends that the Commission adopt the proposed Opinion and Order which approves the Settlement Agreement as filed. This matter was postponed until Public Meeting of February 28, 2008.
- PA PUC, BTS v. Alfonso Stewart t/a Al's Transportation (Settlement Agreement), OSA-0028*, C-20078365. On November 20, 2007, Prosecutory Staff and Respondent filed a Settlement Agreement in order to satisfy the Complaint filed by BTS which averred that Respondent had transported a customer for compensation while not holding a Certificate of Public Convenience. As part of the Settlement, Respondent agreed to comply with the Public Utility Code and the Commission's Regulations and Policies in the future. Prosecutory Staff agreed to a reduced civil penalty. This matter was postponed until Public Meeting of February 28, 2008.
Bureau of Fixed Utility Services
- Equitable Resources, Inc., FUS-1305*, S-2008-2013328. Securities Certificate filed December 19, 2007, for the proposed issuance of debt securities not to exceed $500 million. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
Law Bureau
- Pennsylvania Taxi and Paratransit Association, L-0004*, P-2008-2013624. Petition for Emergency Relief. Ratification of the Emergency Order signed by Chairman Wendell F. Holland on January 14, 2005. Chairman Holland commended his colleagues and Commission Staff for their efforts. Vote of 4-0 with no further discussion.
Office of Administrative Law Judge
- All matters approved as submitted.
NOTES/ANNOUNCEMENTS
- Commissioner Pizzingrilli participated via conference call due to an unexpected illness. Vice Chairman Cawley noted for the record his objections to this procedure since it has never been done before and creates a “slippery slope.”
- On February 27 and 28, 2008, there will be events to recognize and celebrate Black History Month. The February 27, 2008 event will be held at the State Museum.
THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, FEBRUARY 28, 2008 AT 10:00 A.M.
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