Highlights: PA PUC Public Session of May 1, 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 May 1, 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.  The next regular Public Meeting is tentatively scheduled for Thursday, May 22, 2008 at 10:00 a.m.  The minutes of the Public Meeting of March 27, 2008, were unanimously approved without modification.

Bureau of Transportation and Safety

1. All matters approved as submitted.

Director of Operations

1. West Penn Power Company d/b/a Allegheny Power Company, DIR-0001*, M-2008-2032275.  Consumer Education Plan filed December 31, 2007 in Compliance with the Commission's Final Order adopted May 10, 2007, at Docket No. M-00061957.  Staff recommends that the Commission approve the Plan as filed, consistent with the proposed Tentative Order.  Vote of 4-0 with no discussion.

Office of Special Assistants

1. 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.  Dissenting Statement of Commissioner Pizzingrilli is attached.  Vote of 3-1 with Commissioner Pizzingrilli dissenting and Commissioner Christy concurring in result only.

1. Millenianet Corporation v. Verizon Pennsylvania Inc. (Billing and Service Issues), OSA-0113*, C-20055173.  On August 11, 2005, MilleniaNet filed a Formal Complaint against Verizon, raising various billing and service issues.  By Initial Decision issued on June 5, 2007, ALJ Chestnut sustained the Complaint in part and dismissed it in part.  Verizon filed Exceptions and MilleniaNet filed Replies to Exceptions.  Staff recommends that the Commission grant in part and deny in part Verizon's Exceptions; and modify the Initial Decision, consistent with the proposed Opinion and Order.  Statement by Vice Chairman Cawley is attached.  Vote of 4-0 with no further discussion.

1. Law Bureau Prosecutory Staff v. National Fuel Gas Distribution Corporation (Gas Explosion), OSA-0119*, M-2008-2013013.  An Informal Investigation was initiated by Prosecutory Staff following a gas explosion in Dubois, PA on August 21, 2004.  On November 29, 2007, the Parties filed a proposed Joint Settlement Agreement.  By Opinion and Order adopted February 28, 2008, the Commission issued the Joint Settlement to the public for Comment.  No Comments were filed.  Staff recommends that the Commission adopt the proposed Tentative Opinion and Order which approves the Joint Settlement Agreement as modified.  Motion by Chairman Holland is attached.  Vote of 4-0 with no further discussion.

1. Verizon Pennsylvania Inc. and Windstream Communications, Inc.,
   OSA-0140*, A-310325F7000.  Joint Petition filed on February 26, 2008, for Approval of Amendment No. to the Interconnection 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

1. Equitable Resources, Inc., 2032371-FUS-0003, S-2008-2032371.  Securities Certificate filed March 20, 2008 for the issuance and sale of up to 20 million shares of common stock.  Staff recommends that the Commission adopt the proposed Order.  Vote of 4-0 with no discussion.

Combined Bureau Agenda

1. Penn Township, Lycoming County on Behalf of Beaver Lake Sewer Company, 2024752-FUS-0004, A-2008-2024752.  Application filed nunc pro tunc for the abandonment of the right to offer, furnish, supply and provide wastewater collection, treatment and disposal service to the public in a portion of Penn Township, Lycoming County.  Wastewater utility service has been provided by Penn Township since March 28, 2007, as directed by Order of DEP.  Staff recommends that the Application nunc pro tunc for abandonment filed by Penn Township on behalf of Beaver Lake Sewer Company be approved, consistent with the proposed Order.  Motion by Vice Chairman Cawley is attached.  Vote of 4-0 with no further discussion.

1. Bradley and Cynthia Houseknect v. Beaver Lake Sewer Company, ALJ-0022, C-20077440.  Complaint filed March 7, 2007 alleging raw sewage from the Respondent's system leaked onto their property.  A Hearing was held June 12, 2007.  Staff reviewed ALJ Jandebeur's Initial Decision served on December 12, 2007.  This matter was postponed until Public Meeting of May 22, 2008.

Law Bureau

1. All matters approved as submitted. 

Office of Special Assitants

1. Thomas Burford v. National Fuel Gas Distribution Corporation, ALJ-0018*,
   C-20077324.  Complainant alleged NFG was unlawfully denying Complainant service in his name.  On February 20, 2007, NFG filed an answer denying that it is acting unlawfully.  A hearing was held on June 21, 2007.  Staff reviewed ALJ Rainey's Initial Decision sustaining the complaint, in part.  Joint Statement by Vice Chairman Cawley and Commissioner Pizzingrilli is attached.  Vote of 4-0 with no discussion.

1. Lori Lucas v. Columbia Gas of Pennsylvania, Inc., ALJ-0020*, C-20065830.  On February 3, 2006, a complaint was filed alleging a service dispute.  Columbia filed a Motion for Judgment on the Pleadings on April 13, 2006.  On May 16, 2006, the ALJ's Initial Decision was served granting the Motion and dismissing the complaint.  Complainant filed exceptions and by Commission Order adopted August 8, 2007, the Commission granted the exceptions, reversed the decision and remanded the case for further proceedings.  Columbia filed a Motion for Summary Judgment on October 3, 2007.  A hearing on Remand was held November 1, 2007.  Staff reviewed ALJ Weismandel's Initial Decision on Remand granting the Motion and dismissing the complaint.  Motion by Vice Chairman Cawley is attached, as well as the Dissenting Statement by Commissioner Pizzingrilli.  Vote of 3-1 with Commissioner Pizzingrilli dissenting.

1. Dale L. High v. PPL Electric Utilities Corporation, ALJ-0024*, C-20077997.  On July 2, 2007, a complaint was filed alleging Complainant experienced two electric service outages for approximately 5 hours on both occasions without prior warning.  On August 16, 2007, PPL fled an Answer and New Matter.  A hearing was held on December 7, 2007.  Staff reviewed ALJ Weismandel's Initial Decision dismissing the complaint.  Motion by Commissioner Christy is attached.  Vote of 4-0 with no further discussion.

1. Luke Kelley v. Pennsylvania Electric Company, ALJ-0025*, C-20066673.  On August 3, 2006, a complaint was filed alleging a transformer in his home caused a power surge and he is requesting compensation for his losses.  On August 31, 2006, Penelec filed an Answer and New Matter.  A hearing was held on February 7, 2007.  By Order entered July 18, 2007, the Commission remanded the case to OALJ for the development of a record concerning the industry standards for inspection of this type of equipment.  A Hearing on Remand was held September 6, 2007.  Staff reviewed ALJ Meehan's Initial Decision on Remand dismissing the Complaint.  Dissenting Statement by Commissioner Christy is attached.  Vote of 3-1 with Commissioner Christy dissenting.

1. Julia Bergener v. Equitable Gas Company, ALJ-0027*, C-20078453.  On October 26, 2007, a complaint was filed alleging Complainant is improperly being held responsible for gas received through an illegal connection.  On November 20, 2007, Equitable filed an answer and new matter.  A hearing was held on January 11, 2008.  Staff reviewed ALJ Nemec's Initial Decision dismissing the complaint.  Motion by Vice Chairman Cawley is attached.  Commissioner Christy also made an oral statement that he agrees to go to a hearing but that this case is one of first impression and the issue of the retroactivity of the PFA will be an issue.  Vote of 4-0 with no further discussion.

CARRY-IN AGENDA

Bureau of Fixed Utility Services

1. All matters approved as submitted.
   

Law Bureau

1. Columbia Gas of Pennsylvania, Inc., L-0039*, P-00072337.  Petition for limited Waivers of certain Tariff Rules relating to customer service line replacement.  Staff recommends that the Commission grant the Petition, consistent with the proposed Tentative Order.  Motion by Vice Chairman Cawley is attached.  Vote of 4-0 with no further discussion.

ANNOUNCEMENTS

1. It is National Drinking Water Week.
2. Blaine Uplinger, Jr. is leaving FirstEnergy.

 
THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, MAY 22, 2008 AT 10:00 AM

 * Denotes Order