Highlights: PA PUC Public Session of December 4, 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 December 4, 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, December 18, 2008 at 10:00 a.m.  The minutes of the Public Meeting of November 6, 2008, were, by a vote of 5-0, approved without modification.

Bureau of Transportation and Safety

1. Frontier Transit, Inc., Huntingdon Valley, Montgomery County, 2038788-TAS, A-2008-2038788, A-6410073.  Application for the right to begin to transport as a common carrier by motor vehicle, persons in paratransit service, which is to be a transfer of all the operating rights under the certificate issued at A-00112108, F.3 to CATS Enterprises, Inc.  Staff recommends that the Commission adopt the proposed order approving the transfer application.  This matter has been postponed until Public Meeting of December 18, 2008. 

Office of Special Assistants

1. Investigation into the Maintenance of the Crossing Carrying 41st Street, (AAR 531 236H), 1119111-OSA, I-00930028.  Above the Grade of Tracks of Amtrak and Conrail, in the City of Philadelphia.  The City of Philadelphia filed a Petition for Extension of Time to file construction plans to repair the bridge.  Due to continued lack of funding and involvement with current construction of the crossing bridge at 40th Street, the City requests that submission of the plans be delayed until November 30, 2011.  Staff recommends that the Commission adopt the proposed Opinion and Order, which inter alia, grants the City's Petition.  Motion by Commissioner Gardner that this proceeding be assigned to the OALJ for hearing and recommendation, that the Petition for Extension of Time be denied as moot because the matter is being assigned to the OALJ and that the OSA prepare an Opinion and Order consistent with this Motion.  Vote of 5-0 with no further discussion.

1. Shelina T. Thomas v. National Fuel Gas Distribution Corporation, 1202152-OSA, F-02144645.  A formal complaint was filed appealing a decision by the Bureau of Consumer Service (BCS) with regard to the BCS-established terms for service restoration and a payment arrangement.  An Initial Decision was issued in favor of the Respondent.  Staff recommends that the Commission adopt the proposed Opinion and Order that modifies the ALJ's Initial Decision consistent with the discussion therein.  Vote of 5-0 with Commissioners Powelson and Pizzingrilli concurring in result only.

1. Michelle Reever v. Columbia Gas of Pennsylvania, Inc., 1203176-OSA,
   F-02173203.  A formal complaint was filed appealing a decision by the Bureau of Consumer Service (BCS) with regard to the BCS-established terms for service restoration and a payment arrangement.  An Initial Decision was issued in favor of the Respondent.  Staff recommends that the Commission adopt the proposed Opinion and Order that modifies the ALJ's Initial Decision.  Vote of 5-0 with Commissioners Powelson and Pizzingrilli concurring in result only.

1. Debra Brown v. Philadelphia Gas Works, 1203591-OSA, F-02169581.  A formal complaint was filed appealing a decision by the Bureau of Consumer Service (BCS) with regard to the BCS-established terms for service restoration and a payment arrangement.  An Initial Decision was issued in favor of the Respondent.  Staff recommends that the Commission adopt the proposed Opinion and Order that modifies the ALJ's Initial Decision consistent with the discussion therein.  Vote of 5-0 with Commissioners Powelson and Pizzingrilli concurring in result only.

1. Pennsylvania State University, 2021608-OSA, P-2008-2021608, P-2007-2001828.  Petition for Declaratory Order Concerning the Generation Rate Cap of the WEST PENN POWER COMPANY d/b/a ALLEGHENY POWER.  Staff recommends that the Commission adopt the proposed Opinion and Order granting reconsideration and modifying the September 11, 2008 Order.  Vote of 5-0 with no discussion.

1. Conestoga Telephone and Telegraph Company and Keystone Wireless LLC, 2069389-OSA, A-2008-2069389.  Joint Petition filed for Approval of a Wireless Interconnection Agreement, pursuant to Section 252(e) of the Telecommunications Act of 1996.  Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 1, 2008.  No comments or protests were received.  Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition.  Vote of 5-0 with no discussion.

1. Buffalo Valley Telephone Company and Keystone Wireless LLC, 2069444-OSA, A-2008-2069444.  Joint Petition filed for Approval of a Wireless Interconnection Agreement, pursuant to Section 252(e) of the Telecommunications Act of 1996.  Notice of the Joint Petition was published in the Pennsylvania Bulletin on November 1, 2008.  No comments or protests were received.  Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition.  Vote of 5-0 with no discussion.

Bureau of Fixed Utility Services

1. The Electronic Data Exchange Working Group, 1121942-FUS, M-00960890F0015.  An updated document, "Electronic Data Exchange Standards for Electric Deregulation in the Commonwealth of Pennsylvania" filed August 5, 2008.  Staff recommends that the Commission adopt the proposed Tentative Order.  Statement by Chairman Cawley.  Vote of 5-0 with no discussion.

1. Pennsylvania-American Water Co., 2073032-FUS, S-2008-2073032.  Securities Certificate filed November 3, 2008, in regards to the issuance of long term debt in a principal amount not to exceed $80 million.  The applicant as agreed to a voluntary extension of the consideration period to December 5, 2008.  Staff recommends that the Commission adopt the proposed Order.  Statement of Commissioner Powelson.  Vote of 5-0 with no discussion.

1. Pennsylvania Power Company, 2013283-FUS, S-2008-2013283.  Securities Certificate filed December 27, 2007, for the issuance and sale of up to $100 million aggregate principal amount of indebtedness in unsecured notes, mortgage bonds, and/or collateralized notes.  On January 18, 2008, Pennsylvania Power Company filed to extend the consideration period until February 29, 2008.  On April 7, 2008, Pennsylvania Power Company filed to extend the consideration period until further consideration of the Commission.  On August 14, 2008, Pennsylvania Power Company supplied responses to Commission staff data requests.  Pennsylvania Power Company later provided updated financial information.  Staff recommends that the Commission adopt the proposed Order.  This matter has been postponed until the Public Meeting of December 18, 2008.

Combined Bureau Agenda

1. Exit II WWTP, Inc., Home Office – York, PA, 2049245-FUS, 2049245-OTS, R-2008-2049245.  Supplement No. 8 to Tariff Wastewater-Pa. P.U.C. No. 2 filed August 27, 2008, proposing an annual increase in rates of $77,500 to become effective October 27, 2008, and voluntarily postponed to December 5, 2008.  Staff recommends that the Commission adopt the proposed Order.  Motion of Chairman Cawley to adopt the FUS recommendation and reject the OTS recommendation.  Vote of 5-0 with no further discussion.

Law Bureau

1. Metropolitan Edison Co., Pennsylvania Electric Co., and Pennsylvania Power Co., 2061172-LAW, P-2008-2061172.  Joint Petition for Continuation of Temporary Waiver of Certain Provisions of the Commission's Regulations for Standards and Billing Practices for Residential Utility Service Set Forth in 52 Pa. Code §§ 56.1, et seq.  Staff recommends that the Commission adopt the proposed order granting the extension of this temporary waiver.  Vote of 5-0 with no discussion.

1. Emlenton Water Company, 2070480-LAW, P-2008-2070480.  Ratification of Emergency Order Petition of Department of Environmental Protection and the Office of Consumer Advocate.  Staff recommends that the Commission adopt the proposed order which ratifies the November 20, 2008 Emergency Order.  In an oral statement, Commissioner Powelson commends Aqua for dealing with this issue.  Chairman Cawley seconds those remarks and adds "Nick Benedictis and his company stepped up to the plate…went out of their way…."  Vote of 5-0 with no further discussion.

Office of Administrative Law Judge

1. Anna C. Lysiak M.D. v. New Rochelle Telephone Corp., 2024062-ALJ, C-2008-2024062.  On December 19, 2007, a complaint was filed alleging a billing/service dispute.  Respondent did not file an answer to the complaint.  A hearing was held on July 28, 2008.  Commission Staff reviewed ALJ Koster's Initial Decision denying the complaint, in part, and sustaining the complaint to the extent that the Respondent did not provide adequate, efficient, safe and reasonable service.  This matter has been postponed until Public Meeting of December 18, 2008.

1. PECO Energy Company, 1197984-ALJ, M-00061945.  Universal Services Three-Year Plan 2007-2009 filed on September 1, 2006.  By Order entered September 28, 2007, the Commission determined that several issues warranted further review and investigation and assigned the case to OALJ.  On September 16, 2008, a Joint Petition for Settlement was filed.  By Order dated October 6, 2008, the ALJ directed the parties to revise portions of the Settlement.  On October 20, 2008, a Clarified Joint Petition for Settlement was filed.  Commission Staff reviewed ALJ Rainey's Recommended Decision approving the Clarified Joint Petition for Settlement.  This matter has been postponed until Public Meeting of December 18, 2008.

1. Philadelphia Gas Works, 1205625-ALJ, M-00072017.  The Commission's Law Bureau Prosecutory Staff and PGW entered a proposed Settlement Agreement on July 24, 2007, which pertained to a fire that resulted in the death of a Woman.  BCS, in accordance with its Procedures, reviewed the status of utility service at the property and requested that the Commission's Law Bureau initiate an informal investigation into whether PGW violated the Public Utility Code by terminating service.  By Opinion and Order entered August 10, 2007, the Commission issued the proposed Settlement Agreement for Comment.  On August 28, 2007, Community Legal Services filed comments and the Commission ordered the case be assigned to OALJ for further proceedings.  On August 28, 2008, a Settlement Agreement was filed.  Commission Staff reviewed ALJ Rainey's Initial Decision approving the Settlement.  This matter has been postponed until Public Meeting of December 18, 2008.

1. United Telephone Co. of PA., 2062354-ALJ, R-2008-2062354.  On August 29, 2008, Embarq filed its 2008 Price Stability Mechanism filing using the change in 2007 and 2008 first quarter Gross Domestic Product – Prince index, which equates to a 2.20% increase in Embarq's Price Stability Index.  Applying this change to current non-competitive revenues yields a maximum allowed non-competitive revenue increase.  Of this, Embarq proposed actual revenue increases while banking the remaining monies.  On October 23, 2008, a Joint Petition for Approval of Settlement Agreement was filed.  Commission Staff reviewed ALJ Colwell's Recommended Decision approving the Settlement.  Vote of 5-0 with no discussion.

CARRY-IN AGENDA

Law Bureau

1. Licensing Requirements for Natural Gas Suppliers, 2069115-LAW, L-2008-2069115.  Search Final Order and Action Plan:  Natural Gas Supplier issues.  Staff recommends that the Commission adopt the proposed rulemaking order.  Vote of 5-0 with Vice Chairman Christy concurring in result only.

1. Guidelines for Maintaining Customer Services, 2068982-LAW, M-2008-2068982.  Establishment of Interim Standards to Provide for POR Programs; Postponement Request filed by T.W. Phillips and NFG.  Staff recommends that the Commission adopt the proposed order.  Motion of Vice Chairman Christy that the filing deadline be extended by 90 days for all NGDCs and Guideline 6(a)(2) be revised to allow NGDCs to terminate service for nonpayment of charges purchased as an account receivable in a Commission –approved POR program and that the Law Bureau prepare the appropriate Opinion and Order consistent with this Motion.  Vote of 5-0 with no further discussion.

NO ANNOUNCEMENTS

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, DECEMBER 18, 2008 AT 10:00 AM

* Denotes Order