Highlights: PA PUC Public Session of August 7, 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 August 7, 2008 Public Meeting of the Pennsylvania Public Utility Commission (“Commission”), the Commissioners adopted Staff’s recommendations for action by a vote of 5-0 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, August 21, 2008 at 10:00 a.m.  The minutes of the Public Meeting of June 24, 2008, were, by a vote of 5-0, approved without modification, (Commissioner Powelson abstaining).

CASES OF SPECIAL INTEREST

1. 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.  Joint Statement by Commissioner Powelson and Commissioner Pizzingrilli is attached.  Vote of 5-0 with no further discussion.

Bureau of Transportation and Safety

1. Boyo Transportation Services, Inc., TSM-0027*, A-00123434, A-2008-1203751.  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 by Commissioner Christy is attached.  The Dissenting Statement by Commissioner Pizzingrilli is attached.  Vote of 3-2 with Commissioners Powelson and Pizzingrilli dissenting.

1. Williamsport Area Ambulance Service Cooperative, t/a Susquehanna Regional EMS (WAASC), TSM-0114*, A-00124041, A-2008-1218729.  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 by Commissioner Christy is attached.  Dissenting Statement by Commissioner Pizzingrilli is attached.  Vote of 3-2 with Commissioners Powelson and Pizzingrilli dissenting.

Bureau of Audits

1. All matters approved as submitted.

Director of Operations

1. PECO Energy Company, DIR-0014*, M-2008-2032274.  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 issue the proposed Final Order approving the Plan, as amended by the Order.  Statement by Commissioner Powelson is attached.  Vote of 5-0 with no further discussion.

1. Metropolitan Edison Company, Pennsylvania Electric Company and Pennsylvania Power Company, DIR-0015*, M-2008-2032261, M-2008-2032262 , M-2008-2032263.  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 issue the proposed Final Order approving the Plan, as amended by the Order.  This matter with withdrawn by the Director of Operations.

1. UGI Utilities, Inc., DIR-0016*, M-2008-2032267.  Electric Division 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 issue the proposed Final Order approving the Plan, as amended by the Order.  Statement by Commissioner Powelson is attached.  Vote of 5-0 with no further discussion.

Office of Special Assistants

1. Law Bureau Prosecutory Staff v. UGI Utilities, Inc., (Settlement Agreement) 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 to resolve the Informal Investigation.  Staff recommends that the Commission adopt the proposed Option and Order which issues the Settlement Agreement to the public for Comments.  Motion by Commissioner Christy is attached.  Vote of 5-0 with no further discussion.

1. Verizon PA Inc., Verizon North Inc., et al v. CTSI, LLC, (Code Violation), OSA-0180*, C-20077332.  On January 29, 2007, Complainant filed a Formal Complaint against CTSI alleging a violation of the Public Utility Code, which prohibits a CLEC from charging access rates higher than those charged by an incumbent local exchange carrier in the same service territory, absent a demonstration that costs justify a higher access rate.  Exceptions to ALJ Colwell's February 29, 2008 Recommended Decision, filed by CTSI and Verizon on March 20, 2008.  Reply Exceptions filed by CTSI and Verizon on March 21, 2008.  Staff recommends that the Commission adopt the proposed Opinion and Order granting Verizon's Exceptions and denying CTSI's Exceptions and modifying in part the ALJ's Recommended Decision.  Motion by Vice Chairman Cawley is attached.  Vote of 5-0 with no further discussion.

1. Verizon PA Inc., Verizon North Inc., et al v. Penn Telecom, Inc., (Code Violation), OSA-0181*, C-20066987.  On October 23, 2006, Complainant filed a Formal Complaint against PTI alleging a violation of the Public Utility Code, which prohibits a CLEC from charging access rates higher that those charged by an incumbent local exchange carrier in the same service territory, absent a demonstration that costs justify a higher access rate.  Exceptions to ALJ Weismandel's December 14, 2007 Initial Decision were filed by PTI on January 14, 2008.  Reply Exceptions were jointly filed by various Parties.  Staff recommends that the Commission adopt the ALJ's Initial Decision consistent with the proposed Opinion and Order.  Motion by Vice Chairman Cawley is attached.  Vote of 5-0 with no further discussion.

1. Tod and Lisa Shedlowky v. Pennsylvania Electric Company, (Billing dispute), OSA-0207*, C-20066937.  By Initial Decision issued August 2, 2007, ALJ Weismandel dismissed the Complaint.  ON August 22, 2007, the Shedlowkys filed Exceptions.  On September 4, 2007, Penelec filed Reply Exceptions.  By Opinion and Order entered May 28, 2008, the Commission granted in part and denied in part the Exceptions.  On June 12, 2008, the Shedlowskys filed a Petition for Clarification and/or Reconsideration of the Commission's Opinion and Order.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants the Petition to the extent it seeks clarification and denies the Petition insofar as it seeks reconsideration.  Vote of 4-0 with Vice Chairman Cawley recusing.

Bureau of Fixed Utility Services

1. All matters approved as submitted.

Combined Bureau Agenda

1. Orwell Natural Gas Company, OTS-0010, R-2008-2039279.  Clarion River Gas Division Supplement No. 7 to Tariff Gas-Pa. P.U.C. No. 1, proposing an annual increase in rates of $25,835.  Staff recommends that the Commission institute an investigation of the filing and allow the filing to become suspended by operation of law for a period of seven months.  This matter was rejected by a vote of 5-0.

Law Bureau

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 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 un the Public Meeting of August 21, 2008.

Office of Administrative Law Judge

1. David Stefanoski v. Pennsylvania-American Water Company, ALJ-0041*,
   C-20078219.  On September 7, 2007, a complaint was filed alleging a service dispute.  PAWC filed its Answer and New Matter on October 1, 2007.  A hearing was held on November 13, 2007.  Commission staff reviewed ALJ Jandebeur's Initial Decision dismissing the complaint as being time barred.  Motion by Commissioner Christy is attached.  Vote of 5-0 with no further discussion.

1. PA PUC V. Philadelphia Gas Works, OCA, OSBA, ALJ-0043*, R-2008-2021348, C-2008-2034136, C-2008-2035987.  On March 1, 2008, PGY submitted Supplement No. 24 to Gas Service Tariff-Pa. P.U.C. No. 2 and Supplement No. 22 to Gas Supplier Tariff-Pa. P.U.C. No. 1 to become effective for services rendered on or after September 1, 2008.  The annual Gas Cost Rate (GCR) filing was made pursuant to 66 Pa. C.S. §1307(f), which authorizes certain natural gas distribution companies to make annual purchased gas cost filings with the Commission to reflect increases or decreases in natural gas costs.  A Joint Petition for Settlement of Philadelphia Gas Works' 2008-2009 GCR Proceeding was filed May 22, 2008.  Staff reviewed the Recommended Decision issued by ALJ Fordham and ALJ Koster approving the Petition for Settlement.  Motion by Vice Chairman Cawley is attached.  Vote of 5-0 with no further discussion.

CARRY-IN AGENDA

Office of Special Assistants

1. PA PUC v. West Penn Power Company d/b/a Allegheny Energy, OSA-0209*, P-00072349, R-00072753, R-00072754.  Exceptions, to ALJ Colwell's June 13, 2008 Recommended Decision, filed by the Company, OTS and OCA.  Staff recommends that the Commission grant in part and deny in part the Parties Exceptions and modify the Recommended Decision, consistent with the proposed Opinion and Order.  Motion by Commissioner Christy and Statement by Vice Chairman Cawley are attached.  Vote of 5-0 with no further discussion.

NO ANNOUNCEMENTS

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, AUGUST 21, 2008 AT 10:00 AM

 * Denotes Order