Highlights: PA PUC Public Session of June 5, 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 June 5, 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, June 26, 2008 at 10:00 a.m.  The minutes of the Public Meeting of May 1, 2008, were unanimously approved without modification.

Bureau of Transportation and Safety

1. All matters approved as submitted.

Bureau of Audits

1. All matters approved as submitted.

Office of Special Assistants

1. American Civil Liberties Union of Pennsylvania, et al. v. AT&T Communications of PA LLC, et al., (Alleged Voluntary Disclosure of Customer Information), OSA-0150*, C-20066397 et al.  This case involves nine consolidated Complaints filed on or about May 24, 2006.  In an Initial Decision issued on August 18, 2006, ALJ Rainey granted the Preliminary Objections and dismissed the Complaint.  The ACLU filed Exceptions on September 7, 2006.  AT&T and Verizon each filed Replies to Exceptions on September 18, 2006.  Staff recommends that the Commission adopt the proposed Opinion and Order denying the ACLU's Exceptions in part and granting them in part; and modifying the Initial Decision, consistent with the proposed Opinion and Order.  Motion by Commissioner Pizzingrilli is attached.  Vote of 4-0 with no discussion.

1. Law Bureau Prosecutory Staff v. UGI Utilities Inc. (Informal Investigation), OSA-0167*, M-2008-2036549.  An Informal Investigation was initiated by Prosecutory Staff following a gas explosion in East Lampeter Township, Lancaster County, on September 2, 2006.  On April 14, 2008, the Parties filed a proposed Settlement Agreement with the Commission to resolve the Informal Investigation.  Staff recommends that the Commission adopt the proposed Opinion and Order which issues the Settlement Agreement to the public for Comment.  This matter was postponed until Public Meeting of August 7, 2008.

1. Generic Investigation Regarding Transportation Assessments, OSA-0170*,
   I-2008-2022003.  Exceptions to ALJ Weismandel's May 16, 2008 Recommended Decision were filed by the Bureau of Administrative Services Fiscal Office, Pennsylvania Motor Truck Association, Norfolk Southern Railway Company, Inc., McKeesport Connecting RR Company, Union RR Company and Samuel J. Lansbury.  Staff recommends that the Commission adopt the proposed Opinion and Order addressing the issues in this proceeding.  Motion by Chairman Holland is attached.  Vote of 4-0 with no further discussion.

Bureau of Fixed Utility Services

1. Pinebrook II, 2032115-FUS-0004, A-2008-2032115, A-2008-2032117.  Applications filed March 17, 2008, for approval of the sale of its water and wastewater system assets to the Schuylkill County Municipal Authority and the abandonment of water and wastewater service by Pinebrook II to its customers in the Pinebrook II Development in West Brunswick Township, Schuylkill County, Pennsylvania.  Staff recommends that the Commission adopt the proposed Order.  Vote of 4-0 with no discussion.

1. Equitable Resources, Inc., 2040135-FUS-0003, S-2008-2040135.  Securities Certificated filed May 8, 2008 for the issuance and sale of up to $500 million of debt securities.  Staff recommends that the Commission adopt the proposed Order.  Vote of 4-0 with no discussion.

1. Verizon Pennsylvania Inc. and Verizon North Inc., L-0063*, P-00072348,
   I-00940034.  Joint Petition for a Waiver of the Commission's Order Dated May 9, 1997; Joint Petition for Waiver of the Commission's Regulation Governing Toll presubscription, 52 Pa. Code Section 64.19(e).  Staff recommends that the Commission grant the Petitions, consistent with the proposed Order.  This matter was postponed until Public Meeting of June 26, 2008.

1. Cordia Communications Corp., L-0064*, P-2008-2014444.  Petition for designation as an eligible telecommunications carrier for purposes of federal universal service support.  Staff recommends that the Commission deny Cordia's Petition without prejudice.  Vote of 4-0 with no discussion.

Office of Administrative Law Judge

1. Caroline Maitland v. UGI Penn Natural Gas Inc., ALJ-0032*, C-20078353.  On September 24, 2007, a complaint was filed alleging an inability to pay for gas service.  UGI filed its answer on October 17, 2008.  On January 17, 2008, a hearing was held.  Commission reviewed S.A. Vero's Initial Decision sustaining the complaint.  This matter was postponed until Public Meeting of June 26, 2008.

1. Julia Maye v. National Fuel Gas Distribution Corporation, (Complaint Appellant), ALJ-0138*, F-02140445.  On November 2, 2006 a complaint/appeal was filed appealing a decision which the Commission's Bureau of Consumer Services issued on October 14, 2006.  On January 309, 2007, a telephonic hearing was held.  Commission reviewed ALJ Salapa's Initial Decision sustaining the complaint and vacating the BCS Decision.  This matter was postponed until Public Meeting of June 26, 2008.

CARRY-IN AGENDA

Director of Operations

1. UGI Utilities – Electric Division, DIR-0008*, M-2008-2032267.  Consumer Education Plan for 2008-2012 Submitted in Compliance with May 10, 2007 Final Order at Docket No. M-00061957.  Staff recommends that the Commission adopt the proposed Tentative Order approving the Plan as filed.  Motion by Vice Chairman Cawley is attached.  Vote of 3-1 with Vice Chairman Cawley dissenting.

Office of Special Assistants

1. All matters approved as submitted.

NO ANNOUNCEMENTS

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, JUNE 26, 2008 AT 10:00 AM

* Denotes Order