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Highlights: PA PUC Public Session of April 9, 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 April 9, 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 hereto and 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, April 24, 2008 at 10:00 a.m.  The minutes of the Public Meeting of March 13, 2008, were unanimously approved without modification.

CASE OF SPECIAL INTEREST

  • PPL Electric Corporation, OSA-0118, P-2008-2021776.  Petition for Approval of a Rate Stabilization Plan.  On February 27, 2008, the Parties filed a Joint Petition for Settlement resolving all issues in the proceeding.  ALJ Salapa's Recommended Decision was issued March 6, 2008 which recommended that the Settlement be adopted.  By Secretarial Letter dated March 27, 2008, the record was reopened for the purpose of a Public Input Hearing on an expedited basis, which was held April 2, 2008.  The record has been certified to the Commission for adjudication.  Staff recommends that the Commission adopt the proposed Opinion and Order addressing the issues involved in this case.  This matter has been postponed.

Bureau of Transportation and Safety

  • All matters approved as submitted.

Bureau of Conservation, Economics and Energy Planning

  • All matters approved as submitted.

Office of Special Assistants

  • Pennsylvania Carriers' Coalition v. Verizon Pennsylvania Inc., OSA-0009,
    C-20065798.  PCC filed a formal complaint on January 19, 2006, alleging that Verizon PA was improperly charging the CLECs Access to OSS and daily usage file charges to resold lines.  ALJ Chestnut's October 26, 2006 Initial Decision filed by PCC.  Staff recommends that the Commission grant the Exceptions in part and deny them in part; and adopt the ALJ's Initial Decision, consistent with the proposed Opinion and Order.  The Commission reversed the ALJ's decision that the Complaint was barred by res judicata and collateral estoppel, but adopts the ALJ's decision in all other respects, granting Verizon's motion for summary judgment.  Vote of 4-0 with no discussion.
  • Maureen Christian v. Duquesne Light Company (Service Dispute), OSA-0088 R, F-02126762.  Complainant alleged that, after she requested a discontinuation of service due to a change of residence, Duquesne improperly treated her as a new applicant and rejected reinstatement of her electric service at her new residence.  By Initial Decision reissued March 27, 2007, ALJ Meehan dismissed the Complaint concluding t6hat Complainant failed to satisfy her burden of proof.  Complainant filed Exceptions on April 14, 2007.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants the Complainant's Exceptions and reverses the ALJ's Initial Decision.  This matter has been postponed until Public Meeting of May 1, 2008.

Bureau of Fixed Utility Services

  • Verizon Pennsylvania Inc., 1400302-FUS-0002, P-00930715F1000, et al.  Petition filed August 16, 2007, for approval of an Alternative Form of Regulation under Chapter 30 and Act 183.  Staff recommends that the Commission adopt the proposed Order.  Vote of 4-0 with no discussion.
  • Verizon North, 1400303-FUS-0002, P-00001854F1000, et al.  Petition filed August 16, 2007, for approval of an Alternative Form of Regulation under Chapter 30 and Act 183.  Staff recommends that the Commission adopt the proposed Order.  Vote of 4-0 with no discussion.

Combined Bureau Agenda

  • 2006 PSI/SPI of Buffalo Valley Telephone Co., Conestoga Telephone and Telegraph Company and Denver and Ephrata Telephone and Telegraph Co., Investigation Regarding Intrastate Access Charges.  Petition for Reconsideration filed by the OCA.  Staff recommends that the Commission 1) deny the OCA's Petition; 2) grant in part and deny in part Verizon's Motion to Enforce Compliance with Refund Obligation and for Payment of Interest (directing payment of refunds within 30 days, but not requiring interest be paid) and 3) render the D&E Companies' Motion to Strike Verizon's Answer moot, consistent with the proposed Opinion and Order.  Statement by Vice Chairman Cawley is attached.  Vote of 3-1 with Commissioner Christy dissenting and Vice Chairman Cawley concurring in result only.
  • Rural Telephone Company Coalition, OCA, OTS, and United Telephone Co. of PA d/b/a Embarq PA, L-0002*, I-00040105, et al.  Joint Motion requesting the Commission grant a further stay of the Investigation at I-00040105.  Staff recommends that the Commission grant the Joint Petition and grant a third 1-year stay of the Investigation, consistent with the proposed Order.  Joint Motion by Vice Chairman Cawley and Commissioner Christy is attached which grants the stay on the full investigation but reopens the docket on specific issues set forth therein, and directing a recommendation be provided to the Commission within 12 months.  Vote of 4-0 with no further discussion.

Law Bureau

  • Pennsylvania State University, L-0029, P-2007-2001828.  Petition for a Declaratory Order.  Staff recommends that the Commission adopt the proposed draft order that (1) denies the Petition, and (2) dismisses WPPII's Petition to Intervene as moot.  Joint Motion by Chairman Holland and Commissioner Pizzingrilli is attached as well as the Dissenting Statement by Commissioner Christy.  Vote of 3-1 with Commissioner Christy dissenting.

Office of Administrative Law Judge

  • 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.  Staff reviewed ALJ Colwell's Initial Decision granting the Preliminary Objections filed by PAWC, and dismissing the complaint.  Motion by Vice Chairman Cawley is attached.  Vote of 4-0 with Commissioner Pizzingrilli concurring in result only.

CARRY-IN AGENDA

Office of Special Assistants

  • All matters approved as submitted.

Law Bureau

  • Windstream Pennsylvania, LLC, L-0034, P-00981423F1000.  Request for 30-day extension to file their PSI/SPI Report to the Commission.  Staff recommends that the Request for an Extension be denied, consistent with the proposed Order.

NO ANNOUNCEMENTS

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, APRIL 24, 2008 AT 10:00 A.M.

* Denotes Order

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