Highlights: PA PUC Public Session of June 24, 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 24, 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, July 17, 2008 at 10:00 a.m.  The minutes of the Public Meeting of May 22, 2008, were unanimously approved without modification.

Bureau of Transportation and Safety

1. McHenry's Transportation, LLC, TSM-0099*, A-00124187, A-2008-1200335.  Application for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service.  Staff recommends that the Commission adopt the proposed Tentative Order approving the application.  Motion of Commissioner Christy to grant the Application including the restrictive amendment agreed upon by the Applicant and Protestant and that the OSA prepare the necessary Opinion and Order.  Dissenting Statement of Commissioner Pizzingrilli stating that the restrictive amendment limiting the number of persons served and limiting the transportation to a single destination outside Montour and Columbia counties, unnecessarily limits the nature and quality of service that the applicant may provide to the public and would only serve to protect the private economic interests of the protestant and creates unnecessary restrictions to the nature and transportation offerings only serves to detract from the public benefit.  Vote of
   3-1 Commissioner Pizzingrilli dissenting, with no further discussion.

Administrative Services

1. Assessment Upon Local Exchange Telecommunications Companies,
   ADM-0001, M-00051882.  For the Broadband Outreach and Aggregation Fund and the Education Technology Fund Billing for Fiscal Year July 1, 2008 to June 30, 2009.  Staff recommends that the Commission approve the Assessment.  Vote of 4-0 with no discussion.

Bureau of Audits

1. Telecommunications Relay Service Program, AUD-0043.  D-06SPA031.  Audit Report for the Three Fiscal Years Ended April 30, 2006.  Staff recommends that the Commission release the Audit Report to the public.  Vote of 4-0 with no discussion.

Office of Special Assistants

1. Patrick Coleman, BS-7613 v. Verizon Select Services, Inc. (Billing Dispute), OSA-0162*, C-20077999.  By Initial Decision issued on March 20, 2008, ALJ Cocheres sustained the complaint and ordered VSSI to make a refund plus interest at the legal rate, to the Complainant.  VSSI filed Exceptions on April 9, 2008.  Staff recommends that the Commission grant VSSI's Exceptions in part, deny them in part and reverse the ALJ's Initial Decision, consistent with the proposed Opinion and Order.  Vote of 3-1, dissent of Vice Chairman Cawley, with no discussion.

1. Reliant Energy, Inc., OSA-0177*, P-00072338.  Petition for Declaratory Order.  On October 9, 2007, Reliant filed a Petition for Declaratory Order regarding the Commission's jurisdiction over Duquesne Light Company's request to withdraw from PJM Interconnection, L.L.C. and to commence an investigation.  On December 18, 2007, ALJ Colwell issued the Initial Decision which determined that the Commission did not have jurisdiction over DLC's membership in PJM.  Exceptions were filed by the OSBA.  Reply Exceptions were filed by DLC and Dominion Retail, Inc.  Staff recommends that the Commission grant in part and deny in part, the OSBA's Exceptions and modify the ALJ's Initial Decision, consistent with the proposed Opinion and Order.  Vice Chairman Cawley noted that he will reluctantly vote in the affirmative, but calls the Order “hair splitting” and hopes the parties will settle the matter.  Vote of 4-0 with no further discussion.

1. Standard Interconnection Application Fees, OSA-0183*, M-00051865.  Proposed Policy Statement for use by Electric Distribution Companies when processing Interconnection Applications.  The evolving nature of alternative generation systems, technology and markets indicate that the fee structure and amounts should be set forth in a Policy Statement to provide guidance for Electric Distribution Companies.  Requests to deviate from the fees established in the policy statement will require an evidentiary showing.  Staff recommends that the Commission adopt the proposed Policy Statement, consistent with the proposed Opinion and Order to be published in the Pennsylvania Bulletin.  Statement of Vice Chairman Cawley with concerns regarding the $250 charge per application for the simplest of interconnect projects, noting that there is no such fee in New Jersey and strongly encourages comments on this fee in particular.  Vote of 4-0 with no further discussion.

Bureau of Fixed Utility Services

1. Neutral Tandem-Pennsylvania, LLC, 1203542-FUS-0002, A-311435, A-311435F0002, A-311435F0002 AMA, A-311435F0003, A-311435F0004.  Application filed November 30, 2006, for approval to offer, render, furnish, or supply telecommunication services as a Competitive Local Exchange Carrier in the service areas of Verizon Pennsylvania Inc., Verizon North Inc., and United Telephone Company of Pennsylvania d/b/a Embarq Pennsylvania; as a Reseller Interexchange Carrier; as a Facilities-Based Interexchange Carrier; and also, as a Competitive Access Provider throughout the Commonwealth of Pennsylvania.  Staff recommends that the Commission adopt the proposed Order.  Vote of 4-0 with no discussion.

1. Intrado Communications, Inc., 2027726-FUS-0005, A-2008-2027726, A-2008-2027733, A-2008-2027713.  Application filed February 29, 2008 for approval to offer, render, furnish, or supply telecommunication services as a Competitive Local Exchange Carrier in the service areas of Verizon Pennsylvania Inc., Verizon North Inc., and The United Telephone Company of Pennsylvania d/b/a Embarq Pennsylvania.  Staff recommends that the Commission adopt the proposed Order.  Motion of Vice Chairman Cawley that even though the CLEC application is uncontested, he believes that the Commission's decision should be clarified.  He also moves that the operational authority as a CLEC be granted, that Intrado be held to provide "telephone exchange service" and "telecommunications service" under applicable TA-96 federal law and that the OSA with the assistance of FUS prepare the appropriate Order consistent with this Motion.  Vote of 4-0 with no further discussion.

1. Big River Telephone Company, LLC, 2036406-FUS-0003, A-2008-2036406, A-2008-2036438.  Application filed April 4, 2008 for approval to offer, render, furnish, or supply telecommunication services as a Competitive Local Exchange Carrier in the service areas of The United Telephone Company of Pennsylvania d/b/a Embarq Pennsylvania, and as a Facilities-Based Interexchange Carrier throughout the Commonwealth of Pennsylvania.  Staff recommends that the Commission adopt the proposed Order.  Vote of 4-0 with no discussion.

1. Aqua Pennsylvania, Inc. and Pennsylvania Utility Company, 1218252-FUS-0010, A-210104F0084, A-210098F2000.  Joint Application filed August 21, 2007 for approval of (1) the acquisition by Aqua Pennsylvania, Inc. of the water system assets of Pennsylvania Utility Company, (2) the right of Aqua Pennsylvania, inc. to begin to offer, render, furnish, r supply water service to the public in a portion of Lehman Township, Pike County, and (3) the abandonment by Pennsylvania Utility Company of public water service in a portion of Lehman Township, Pike County.  Staff recommends that the Commission adopt the proposed Order.  Vote of 4-0 with no discussion.

1. Little Washington Wastewater Company d/b/a Suburban Wastewater Company and Pennsylvania Utility Company, 1218446-FUS-0010, A-230240F0035,
   A-230091F2000.  Joint Application filed August 21, 2007, for approval of (1) the acquisition by Little Washington Wastewater Company d/b/a Suburban Wastewater Company of the wastewater system assets of Pennsylvania Utility Company, (2) the right of Little Washington Wastewater Company d/b/a Suburban Wastewater Company to begin to offer, render, furnish, or supply wastewater service to the public in a portion of Lehman Township, Pike County, and (3) the abandonment by Pennsylvania Utility Company of public wastewater service in a portion of Lehman Township, Pike County.  Staff recommends that the Commission adopt the proposed Order.  Vote of 4-0 with no discussion.

Combined Bureau Agenda

1. Sand Springs Water Company, Inc., 2033608-FUS-0005, R-2008-2033608, OTS-0008, R-2008-2033608.  Supplement No. 1 to Tariff Water-Pa. P.U.C. No. 1 filed March 19, 2008, voluntarily postponed to become effective July 1, 2008, proposing an annual increase in rates of $30,086.  FUS recommends that the Commission permit the rates to become effective, consistent with the proposed Order.  OTS recommends that the Commission institute an Investigation and allow the filing to be suspended by operation of law for a period of seven months.  Motion of Chairman Holland to adopt the FUS recommendation and reject the OTS recommendation.  Vote of 4-0 with no discussion.

1. Superior Water Company, 2039261-FUS-0007, R-2008-2039261, OTS-0017, R-2008-2039261.  Tariff Water-Pa. P.U.C. No. 4, filed May 9, 2008, to become effective July 9, 2008, proposing an annual increase in rates of $599,771.  Complaints have been filed.  FUS and OTS both recommend that the Commission institute an Investigation, noting that the filing will be suspended by operation of law until February 9, 2009; and that the case be referred to the OALJ, consistent with the proposed Order.  Motion of Chairman Holland to adopt the FUS recommendation and to adopt the OTS recommendation to the extent consistent with the FUS recommendation.  Vote of 4-0 with no discussion.

1. Pennsylvania American Water Company, 2032689-FUS-0004,
   R-2008-2032689, OTS-0014, R-2008-2032689.  Supplement No. 7 to Tariff Wastewater-Pa. P.U.C. No. 3, to become effective June 27, 2008, proposing an annual increase in rates of $2,685,488.  FUS and OTS both recommend that the Commission institute an Investigation, noting that the filing will be suspended by operation of law until January 27, 2009; and that the case be assigned to the OALJ, consistent with the proposed Order.  Motion of Chairman Holland to adopt the FUS recommendation and to adopt the OTS recommendation to the extent consistent with the FUS recommendation.  Vote of 4-0 with no discussion.

1. Sunoco Pipeline L.P., 2039675-FUS-0031, R-2008-2039675, OTS-0012,
   R-2008-2039675.  Tariff Pipeline-Pa. P.U.C. No. 11, filed April 29, 2008, proposing an annual increase in rates of $997,000, to become effective July 1, 1008.  FUS and OTS both recommend that the Commission permit the rates to become effective, consistent with the proposed Order.  Motion of Chairman Holland to adopt the FUS recommendation and to adopt the OTS recommendation to the extent consistent with the FUS recommendation.  Vote of 4-0 with no discussion.

1. The York Water Company, 2023067-FUS-0006, R-2008-2023067, OTS-0013, R-2008-2023067.  Supplement No. 83 to Tariff Water-Pa. P.U.C. No. 14, proposing an annual increase in rates of $7,086,005, to become effective July 15, 2008.  FUS and OTS both recommend that the Commission institute an Investigation, noting that the filing will become suspended by operation of law until February 15, 2009; and that the case be referred to the OALJ, consistent with the proposed Order.  Motion of Chairman Holland to adopt the FUS recommendation and to adopt the OTS recommendation to the extent consistent with the FUS recommendation.  Vote of 4-0 with no discussion.

1. Sergeant Gas Company, 2035707-FUS-0005, R-2008-2035707, OTS-0009, R-2008-2035707.  Supplement No. 23 to Tariff Gas-Pa. P.U.C. No. 10 filed April 23, 2008, voluntarily postponed to June 27, 2008, proposing an annual increase in rates of $51,400.  FUS recommends that the Commission institute an Investigation, noting that the filing will be suspended by operation of law until January 27, 2009 and that the case be assigned to the OALJ; or in the alternative, the Respondent can elect to file a Tariff calculated to produce additional revenues of approximately $26,870; consistent with the proposed Order.  OTS recommends that the Commission institute an investigation and allow the filing to be suspended by operation of law.  Motion of Chairman Holland to adopt the FUS recommendation and to reject the OTS recommendation.  Vote of 4-0 with no discussion. 

1. Bentleyville Telephone Company, 1190878-FUS-0007, P-00981427F1000,
   L-0052*, P-2008-2041988, P-00981427F1000.  2008 PSI/SPI Filing filed May 14, 2008 as well as a Petition for Protective Order with regards to PSI/SPI filing for 2008.  Staff recommends that the filing be approved, consistent with the proposed Order.  Motion of Chairman Holland to adopt the Staff recommendation.  Vote of 4-0 with no discussion. 

1. Marianna & Scenery Hill Telephone Company, 1190889-FUS-0006,
   P-00981434F1000, L-0053*, P-2008-2041995, P-00981434F1000.  2008 PSI/SPI Filing filed May 14, 2008 as well as a Petition for Protective Order.  Staff recommends that the filing be approved, consistent with the proposed Order.  Motion of Chairman Holland to adopt the Staff recommendation.  Vote of 4-0 with no discussion.

1. Denver & Ephrata Telephone and Telegraph Company, 1190885-FUS-0010, P-00981430F1000, L-0054*, P-2008-2041572, P-00981430F1000.  2008 PSI/SPI Filing filed April 30, 2008 as well as Petition for Protective Order.  Staff recommends that the filing be approved, consistent with the proposed Order.  Motion of Chairman Holland to adopt the Staff recommendation.  Vote of 4-0 with no discussion.

1. Buffalo Valley Telephone Company, 2041539-FUS-0005, R-2008-2041539, P-00981428F1000, L-0055*, P-2008-2041542, P-00981428F1000, R-2008-2041539.  2008 PSI/SPI Filing, filed April 30, 2008 as well as a Protective Order.  Staff recommends that the filing be approved, consistent with the proposed Order.  Motion of Chairman Holland to adopt the Staff recommendation.  Vote of 4-0 with no discussion.

1. Conestoga Telephone and Telegraph Company, 1190883-FUS-0010,
   P-00981429F1000, L-0056*, P-2008-2041581, P-00981429F1000.  2008 PSI/SPI Filing filed May 1, 2008 as well as a Protective Order.  Staff recommends that the filing be approved, consistent with the proposed Order.  Motion of Chairman Holland to adopt the Staff recommendation.  Vote of 4-0 with no discussion.

1. Lackawaxen Telecommunications Services, Inc., 1190887-FUS-0008,
   P-00981432F10000, L-0057*, P-2008-2041496, P-00981432F1000.  2008 PSI/SPI Filing filed May 1, 2008 as well as a Protective Order.  Staff recommends that the filing be approved, consistent with the proposed Order.  Motion of Chairman Holland to adopt the Staff recommendation.  Vote of 4-0 with no discussion.

1. North-Eastern Pennsylvania Telephone Company, 1190890-FUS-0009,
   P-00981435F1000, L-0058*, P-2008-2041534, P-00981435F1000.  2008 PSI/SPI Filing filed May 1, 2008 as well as a Protective Order.  Staff recommends that the filing be approved, consistent with the proposed Order.  Motion of Chairman Holland to adopt the Staff recommendation.  Vote of 4-0 with no discussion.

1. Hickory Telephone Company, 2041477-FUS-0006, P-00981431F1000,
   R-2008-2041477, L-0059*, P-2008-2041475, P-00981431F1000, R-2008-2041477.  2008 PSI/SPI Filing filed May 1, 2008 as well as a Protective Order.  Staff recommends that the filing be approved, consistent with the proposed Order.  Motion of Chairman Holland to adopt the Staff recommendation.  Vote of 4-0 with no discussion.

1. Windstream Pennsylvania, LLC, 2040466-FUS-0005, R-2008-2040466,
   P-00981423F1000, L-0061*, P-2008-2040472, P-00981423F1000, R-2008-2040466.  2008 PSI/SPI Filing filed April 30, 2008 as well as a Protective Order.  Staff recommends that the filing be approved, consistent with the proposed Order.  Motion of Chairman Holland to adopt the staff recommendation.  Vote of 4-0 with no discussion.

Law Bureau

1. Consolidated Communications of Pennsylvania, LLC, L-0060*,
   P-2008-2041508, P-00981437F1000.  Petition for a Protective Order regarding its PSI/SPI Report Filing for 2008.  Staff recommends that the Commission grant the Petition, consistent with 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 of Verizon Pennsylvania Inc. and Verizon North Inc. for a 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 July 17, 2008.

1. Pennsylvania Electric Company, L-0065*, P-2008-2037618.  Petition for Waiver of Certain Provisions of the Pennsylvania Public Utility Commission's Regulations for Commission Review of Siting and Construction of Electric Transmission Lines set forth at 52 Pa. Code § 57.71 et seq.  Staff recommends that the Commission grant the Petition, consistent with the proposed Order.  Vote of 4-0 with no discussion.

Office of Administrative Law Judge

1. Caroline Maitland v. UGI Penn Natural Gas Inc. (UGI), 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 July 17, 2008.

1. Section 1307(e) Reconciliation Statements for Columbia Water Company; United Water Company; Newtown Artesian Water Company; The York Water Company; Aqua Pennsylvania; Borough of Schuylkill Haven Reconciliation, Purchase Power Adjustment Charge; Pennsylvania-American Water Company, ALJ-00034*,
   M-2008-2020590, M-2008-2020728, M-2008-2021402, M-2008-2022264, M-2008-2027671, M-2008-2028036, M-2008-2028438.  On April 2, 2008, a hearing was held to review the statements of automatic adjustment clause revenues and expenses reported by Columbia, United, Newtown Artesian, York, Aqua PA, and PAWC; and the Purchase Power Adjustment Charge filed by the Borough of Schuylkill Haven for the twelve months ending December 31, 2007.  Staff reviewed ALJ Colwell's Recommended Decision accepting the statements in each case insofar as they are undisputed.  Vote of 4-0 with no discussion.

CARRY-IN AGENDA

Office of Special Assistants

1. PECO Energy Company, OSA-0179*, P-00072260.  Petition to procure Alternative Energy Credits and establish a Section 1307 Surcharge and Tariff for recovery of costs incurred.  Staff recommends that the Commission adopt the proposed Opinion and Order.  Motion of Vice Chairman Cawley moving that the petition be granted and that the OSA prepare an Order consistent with this motion, is attached.  Vote of 4-0 with no discussion.

1. Tod & Lisa Shedlowky v. Pennsylvania Electric Company, OSA-0188*,
   C-20066937.  Petition for Clarification and/or Reconsideration of the Commission's Opinion and Order entered May 28, 2008, filed by Complainant on June 12, 2008.  Staff recommends that the Commission adopt the proposed Order granting the Petition, pending review of and consideration on the merits.  Vice Chairman Cawley recused himself.  Vote of 3-0 with no further discussion.

ANNOUNCEMENTS

1. Announcement of retirement of Elaine Deichmiller, Asst. Secretary.  She started with the Commission in 1973.
2. Recognition by Commissioner Pizzingrilli of Dave Freet and his retirement.  He has been PTA's president since 1996 and has 40 years in the telephone industry.

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, JULY 17, 2008 AT 10:00 AM

• * Denotes Order