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Highlights: PA PUC Public Session of March 27, 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 March 27, 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 Wednesday, April 9, 2008 at 10:00 a.m. The minutes of the Public Meeting of February 28, 2008, were unanimously approved without modification.
Bureau of Transportation and Safety
- All matters approved as submitted.
Bureau of Audits
- All matters approved as submitted.
Office of Special Assistants
- PA PUC, LBPS v. Redevelopment Authority of Luzerne County, (Non-compliance of Commission Orders) OSA-0085*, C-20054555. On April 21, 2005, Prosecutory Staff filed a Complaint alleging that the Authority had failed to comply with previous Commission Orders and also requested that a penalty be imposed. On June 4, 2007, the Recommended Decision of ALJ Jandebeur was issued recommending that the Complaint be denied and dismissed. Prosecutory Staff filed Exceptions on June 25, 2007, as did PennDOT. The Authority filed Reply Exceptions to the Exceptions of each Party on July 3, 2007. Staff recommends that the Commission adopt the proposed Opinion and Order which denies PennDOT's Exceptions; denies Prosecutory Staff's Exceptions; and adopts the Recommended Decision as the action of the Commission. A copy of Chairman Holland's Motion moving that the Recommended Decision dated June 4, 2007 be reversed, that the Exceptions filed by the Pennsylvania Department of Transportation and the Commission's Bureau of Transportation and Safety, Prosecutory Staff be granted to the extent they are consistent with this Motion, that the Petition for Modification be remanded to the Office of Administrative Law Judge for mediation, if the mediation is not successful the matter will be referred to OALJ for hearing on the July 14, 2005 Petition for Modification and that the OSA prepare the Opinion and Order, is attached. Vote of 4-0 with no further discussion.
- Verizon Pennsylvania Inc., Verizon North Inc. et al. (Code Violation),
OSA-0102, C-20077673, C-20077675. Jointly filed Exceptions to ALJ Cocheres' August 20, 2007, Recommended Decision were filed September 10, 2007 by Verizon and Affiliates; and Jointly filed Reply Exceptions were filed by Respondents Conversant Communications and Lightship Telecom (subsidiaries of One Communications) on September 19, 2007. Staff recommends that the Commission adopt the proposed Opinion and Order denying Complainant's Exceptions and adopting the ALJ's Recommended Decision. Vote of 4-0 with no discussion.
Bureau of Fixed Utility Services
- All matters approved as submitted.
Combined Bureau Agenda
- Warwick Water Works, Inc., 2020885-FUS-0013, R-2008-2020885, OTS-0004, R-2008-2020885. Tariff Water-Pa. P.U.C. No. 2, filed January 31, 2008, proposing an annual increase in rates of $22,227, to become effective April 3, 2008. 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 November 3, 2008; and that the filing be assigned to the OALJ, consistent with the proposed Order. Statement of Commissioner Christy is attached. In his Statement, Commissioner Christy encourages the Parties to attempt to arrive at an amicable and expeditious resolution of these proceedings pursuant to the Alternative Dispute Resolution process. Chairman Holland accepts the recommendation by FUS, but rejects the recommendation by OTS. Vote of 4-0 with no further discussion.
- Warwick Drainage Company, Inc., 202873-FUS-0013, R-2008-2020873, OTS-0005, R-2008-2020873. Tariff Wastewater-Pa. P.U.C. No. 2, filed January 31, 2008, proposing an annual increase in rates of $21,858, to become effective April 3, 2008. 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 November 3, 2008; and that the filing be assigned to the OALJ, consistent with the proposed Order. Chairman Holland accepts the recommendation by FUS, but rejects the recommendation by OTS. Statement of Commissioner Christy is attached. (Same Statement as matter above.) In his Statement, Commissioner Christy encourages the Parties to attempt to arrive at an amicable and expeditious resolution of these proceedings pursuant to the Alternative Dispute Resolution process. Chairman Holland accepts the recommendation by FUS, but rejects the recommendation by OTS. Vote of 4-0 with no further discussion.
- Blue Knob Water Company, 2020729-FUS-0014, R-2008-2020729. Supplement No. 2 to Tariff Water-Pa. P.U.C.; No. 2, proposing an annual increase in rates of $114,374 to become effective April 1, 2008. Formal Complaints have been filed. Staff recommends that the Commission institute an Investigation, noting that the Tariff will be suspended by operation of law until November 1, 2008; and that the filing be assigned to the OALJ, consistent with the proposed Order. Chairman Holland accepts this recommendation. Vote of 4-0 with no discussion.
- Blue Knob Water Company, OTS-0002, R-2008-2020729. Supplement No. 2 to Tariff Water – Pa. P.U.C.; No. 2, proposing an annual increase in rates to become effective April 1, 2008. April 1, 2008. Staff recommends that the Commission institute an Investigation of the Tariff, and allow the filing to be suspended by operation of la through November 1, 2008. This was accepted to the extent consistent with FUS. Vote of 4-0 with no further discussion.
- Columbia Gas of Pennsylvania, Inc., 2011621-FUS-0013, R-2008-2011621. Supplement No. 112 to Tariff Gas-Pa. P.U.C. No. 9, filed January 28, 2008, to become effective March 28, 2008, proposing an annual increase in rates of $58.9M. Staff recommends that the Commission institute an Investigation, noting that the Tariff will be suspended by operation of law until October 28, 2008; and that the case be assigned to the OALJ, consistent with the proposed Order. Chairman Holland accepts this recommendation. Vote of 4-0 with no discussion.
- Columbia Gas of Pennsylvania, Inc., OTS-0003, R-2008-2011621. Supplement No. 112 to Tariff Gas-Pa. P.U.C. No. 9, to become effective March 28, 2008, proposing an annual increase in rates of $58.9M. Staff recommends that the Commission institute an Investigation and allow the filing to be suspended by operation of law through October 28, 2008. This was accepted to the extent consistent with FUS. Vote of 4-0 with no further discussion.
- TDS Telecom/Mahanoy & Mahantango Telephone Company and TDS Telecom/Sugar Valley Telephone Company, 1190962-FUS-0006, P-00961115F1000, et al. L-0020. 2008 Price Index/Service Price Index combined filing filed February 29, 2008. No tariffs were filed. Staff recommends that the Commission approve the filing, consistent with the proposed Order. Vote of 4-0 with no discussion.
- Frontier Communications Commonwealth Telephone Company, 2021447-FUS-0005, R-2008-2021447, et al., L-0006, R-2008-2021447, et al. 2008 Annual Price Stability Index, Service Price Index and Deferred Change Index, Tariff Supplement No. 102 to Tariff Pa. P.U.C. No. 23 and Tariff Supplement No. 105 to Tariff Pa. P.U.C. No. 24 requesting a $1,940,263.20 increase from the application of the Service Price Index change filed February 1, 2008. Staff recommends that the Commission approve the Settlement Agreement and the proposed Tariff increases, consistent with the proposed Order. Chairman Holland agrees to adopt per the Settlement Agreement. Vote of 4-0 with no further discussion.
Law Bureau
- All matters approved as submitted.
Office of Administrative Law Judge
- Aqua Pennsylvania, Inc., ALJ-0010*, A-210104F0080. Application for approval to begin to offer, render and supply water service to the public in an additional portion of Dallas Township, Luzerne County, Pennsylvania. On June 7, 2007, Aqua filed an application requesting that the Commission approve its initiation of water service to additional territory in a portion of Dallas Township, Luzerne County. On July 30, 2007, United Water PA, Inc. filed a protest. On September 28, 2007, Aqua filed a motion for summary judgment requesting the Commission dismiss the protest for lack of standing. ALJ Salapa's Initial Decision granted the motion for summary judgment and dismissed United's protest. By a vote of 4-0 with no discussion, the Commission adopted the ALJ's Initial Decision.
- Robert Kuniegel v. Pennsylvania-American Water Company, ALJ-0012*,
C-20078223. On September 10, 2007, a complaint was filed alleging a service dispute. On October 3, 2007, PAWC filed its Preliminary Objections. On October 11, 2007, Complainant filed a Response to PAWC's Preliminary Objections. Commission staff reviewed ALJ Colwell's Initial Decision granting the Preliminary Objections filed by PAWC, and dismissing the complaint. This matter has been postponed.
- Charlene M. Wiltshire v. Philadelphia Gas Works, ALJ-0013*, C-20077508. On March 19, 2007, a complaint was filed alleging a billing dispute. On April 19, 2007, PGW filed its answer. A hearing was held on August 27, 2007. Commission staff reviewed ALJ Nguyen's Initial Decision dismissing the complaint. Joint Motion of Vice Chairman Cawley and Commissioner Christy supporting the Initial Decision of the ALJ in the matter with the exception of his conclusion in the penultimate paragraph of his Initial Decision which states that "there is no provision in the Public Utility Code or PUC regulations that requires the Respondent to provide a refund for an overpayment instead of crediting it to future bills." In fact, the PUC regulations require that a company refund an overpayment to a customer with interest. As such, they believe that the Complainant in this matter met her burden of proof and she was entitled to a refund plus interest, but instead the Company credited her account over a period of six months. The Company's failure to refund amounts to a failure to provide reasonable and adequate service. Accordingly, the complaint should be dismissed, in part, and sustained, in part. Therefore the Motion moves that the Initial Decision be reversed, in part, consistent with this Joint Motion and that the OSA prepare an appropriate Order. A copy of the Joint Motion is attached. Vote of 4-0 with no further discussion.
CARRY-IN AGENDA
- Motion of Commissioner Kim Pizzingrilli In Re: Assignment of Additional Numbering Resources To Local Exchange Carriers: Safety Valve Process, C-0002. Motion of Commissioner Pizzingrilli moving that the Law Bureau, in conjunction with FUS convene a working group of Commission staff and stakeholders for the purpose of examining other states' streamline approaches and exploring methods for enhancing Pennsylvania's process and the working group shall submit a recommendation to the Commission for consideration within 90 days of the date of this Public Meeting, is attached. Vote of 4-0 with no further discussion.
ANNOUNCEMENTS
- Lynn Williams is leaving the PUC.
- Blaine Loper retiring soon after 41 years of service.
THE NEXT REGULAR MEETING IS SCHEDULED FOR WEDNESDAY, APRIL 9, 2008 AT 10:00 A.M.
* Denotes Order
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