Highlights: PA PUC Public Session of March 12, 2009

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 March 12, 2009 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, March 26, 2009 at 10:00 a.m.  The minutes of the Public Meeting of February 5, 2009, were, by a vote of 5-0, 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. EKAS Automotive Sales & Service, LLC, 1180629-OSA, A-00120185, A-00120185C0702, A-2008-1220056.  BTS on August 13, 2007, instituted a Complaint against Ekas Automotive Sales & Service, LLC, alleging failure to maintain evidence of insurance on file with the Commission.  By Order entered on August 12, 2008, the Commission, inter alia, cancelled the Certificate of Public Convenience.  On August 26, 2008, Ekas Automotive filed a Petition to Rescind Order issued on August 12, 2008.  Staff recommends that the Commission adopt the proposed Opinion and Order, which grants Respondent's Petition.  This matter has been postponed until Public Meeting of March 26, 2009.

1. Robert Kuniegel v. PA-American Water Company, 1218534-OSA,
   C-20078223.  Formal Complaint filed on 9/10/07, alleging that PAWC administered its cross-connection prevention program in a discriminatory manner.  PAWC filed an Answer with New Matter and Preliminary Objections that asked for dismissal of the Complaint.  By Initial Decision issued 11/13/07, ALJ Colwell granted PAWC's Preliminary Objections and dismissed the Complaint.  In its Order entered 5/2/08, the Commission found that it has regulatory authority over the quality of public utility services and facilities under 66 Pa. C.S. § 1501 and reversed ALJ Colwell's Initial and reassigned the case to OALJ.  In an Initial Decision issued 12/30/08, ALJ Weismandel concluded that the Complainant had failed to meet his burden of proof and dismissed the Complaint.  Staff recommends that the Commission adopt the proposed Opinion and Order that denies the Exceptions and adopts the ALJ's Initial Decision.  Statement of Commissioner Powelson is attached.  Vote of 5-0 with no further discussion.

1. West Penn Power Co., 1332812-OSA, P-00072342.  Petition filed 2/6/09, seeking to modify the procurement schedule for purchasing generation service to fill the demands for the residential default service load.  Specifically, the Petition seeks to move five procurement blocks from 2010 to April 2009 and one procurement block from 2010 to June 2009.  The Company also requested expedited consideration, so that it could timely complete all of the tasks that would need to be performed if the Commission grants the petition.  Answers/correspondence were filed on 2/19/09 by the Office of Small Business Advocate; the Office of Consumer Advocate; Reliant Energy, Inc.; the Retail Energy Supply Association; Penn State University; and the West Penn Power Industrial Intervenors.  The Company filed a Reply to New Matter on 2/23/09.  Staff recommends that the Commission adopt the proposed Opinion and Order, which denies the Petition.  Motion of Commissioner Powelson is attached.  Statement Vice Chairman Christy supporting the Motion of Commissioner Powelson is attached.  Vote of 5-0 with no further discussion.

1. Law Bureau Prosecutory Staff v. Penelec, 2027681-OSA, M-2008-2027681.  Joint Settlement filed 7/9/08, following an Informal Investigation initiated by Prosecutory Staff regarding possible violations by Penelec of Chapter 56 and Chapter 14.  As part of the Settlement, Penelec agreed to make a contribution of $200,000 to the Dollar Energy Fund.  On 12/23/08, the Commission entered a Tentative Opinion and Order for the purpose of requesting comments from any interested party.  No comments were filed.  Staff recommends that the Commission adopt the Final Opinion and Order which approves the Settlement Agreement.  Statement of Commissioner Powelson is attached.  Vote of 5-0 with no further discussion.

1. Peoples Natural Gas Co., 2044646-OSA, M-2008-2044646.  Universal Service and Energy Conservation Plan for the period 2009-2011, was filed on 5/30/08.  By Order dated 1/15/09, the Commission approved the Plan.  On 1/30/09, the Pennsylvania Utility Law Project, acting on behalf of the Mon Valley Unemployed Committee, filed for Reconsideration and Rehearing.  The Petition requests the Commission to reconsider its 1/15/09 Order and reopen the proceeding for full evidentiary hearings after providing public notice through publication in the PA Bulletin.  On 2/5/09, the Commission entered an Order granting reconsideration in order to retain jurisdiction pending review of and consideration on the merits.  On 2/11/09, the Company filed its Answer, requesting that the Commission deny the Petition.  Staff recommends that the Commission adopt the proposed Opinion and Order denying the Petition for Reconsideration.  This matter has been postponed until Public Meeting of March 26, 2009.

1. Conestoga Telephone and Telegraph Company, 2090872-SA, A-2009-2090872.  Joint Petition filed on 12/30/08, requesting approval to opt into an existing Agreement between Denver and Ephrata Telephone and Telegraph Company and Cingular Wireless LLC that was approved by this Commission by Order entered on 1/13/06, at Docket No. A-311395F7006.  Notice of the Joint Petition and Agreement was published in the PA Bulletin on 1/17/09.  No comments were received.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants the Joint Petition.  Vote of 5-0 with no discussion.

1. Buffalo Valley Telephone Company, 2090882-OSA, A-2009-2090882.  Joint Petition filed on 12/30/08, requesting approval to opt into an existing Agreement between Denver and Ephrata Telephone and Telegraph Company and Cingular Wireless LLC that was approved by this Commission by Order entered on 1/13/06, at Docket No. A-311395F7006.  Notice of the Joint Petition and Agreement was published in the PA Bulletin on 1/17/09.  No comments were received.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants the Joint Petition.  Vote of 5-0 with no discussion.

Bureau of Fixed Utility Services

1. National Utility Service, Inc., 2084312-FUS, A-2009-2084312.  Application filed on 12/9/08, for a license to offer, render, furnish or supply electricity or electric generation services as a broker/marketer engaged in the business of analyzing electricity loads and negotiating and/or re-negotiating third-party supply agreements for the purchase of electricity for commercial and industrial customers in the electric distribution company service territories throughout the Commonwealth of Pennsylvania.  The License Application is filed in accordance with the requirements of Section 2809 of the Public Utility Code, 66 Pa. C.S. § 2809.  National Utility Service, Inc. requests a reduction in the amount of security bond pursuant to 66 Pa. C.S. Section 2809 and 52 Pa. Code Section 54.40(d).  Staff recommends that the Commission adopt the proposed Order.  This matter was withdrawn by the Bureau.

Law Bureau

1. Rulemaking – Amendment to Chapter 64, 1200232-LAW, L-00060179.  Rulemaking Re:  Provision of Basic Service Packages Plans by Local Exchange Carriers.  Staff recommends that the Commission adopt the final form on regulation.  This matter has been postponed until Public Meeting of March 26, 2009.

1. T.W. Phillips Gas & Oil Company, 2082012-LAW, P-2009-2082012.  Petition for a Limited Wavier of the Pennsylvania Public Utility Commission's Regulation at 52 Pa. Code § 56.21 as it Relates to Physical Delivery of Utility Bills.  Staff recommends that the Commission adopt the proposed Order granting waiver of the Physical delivery of customer bills requirement in 52 Pa. Code § 56.21 to allow the company to offer its customers an 3-billing option.  Joint Motion of Commissioners Pizzingrilli and Gardner stating that the Law Bureau should prepare an Order consistent with the Motion, the Commission issue a Secretarial Letter directing each utility currently implementing an electronic billing program to file Comments at Docket No. L-00060182.  This Secretarial Letter shall be published in the Pennsylvania Bulletin, as soon as practical after the close the public comment period, but no later than June 30, 2009, the Law Bureau and BCS shall review the comments related to e-billing and provide a report to the Commission with a recommendation on whether or not the Commission should issue guidance and a blanket waiver permitting e-billing pending final disposition of the rulemaking, is attached.  Vote of 5-0 with no further discussion.

1. Columbia Gas of PA, Inc., 2083915-LAW, P-2009-2083915.  Petition requesting Approval to Use Settlement Proceeds to Fund Residential Hardship Fund and Provide PGC Credits to Small Commercial Customers.  Staff recommends that the Commission adopt the proposed Order allowing the use of settlement proceeds to fund the company's residential Hardship Fund and provide PGC credits to small commercial customers.  Motion of Vice Chairman Christy that the Petition of Columbia Gas requesting Approval to use Settlement Proceeds be granted in part and denied in part consistent with the Motion and that the OSA prepare the necessary Opinion and Order, is attached.  Dissenting Statement of Commissioner Pizzingrilli is attached.  Vote of 4-1 with no further discussion.

Office of Administrative Law Judge

1. Rachel Janov v. PAWC, 1221158-ALJ, F-02209321.  Complaint filed on 11/18/07, alleging a billing dispute.  On 12/28/07, PAWC filed an Answer and New Matte.  On 4/3/08, a hearing was held.  Commission staff reviewed the adoption of ALJ Jandebeur's Initial Decision dismissing the complaint.  Statement of Chairman Cawley and Commissioner Gardner is attached.  Also the Statement of Commissioner Powelson is attached.  Vote of 5-0 with no further discussion.

1. Margaret Fitchwell-Hill v. Duquesne Light Company, 2022545-ALJ, C-2008-2022545.  Complaint filed on 11/27/07, alleging a billing dispute.  A hearing was held on 9/2/08.  Commission staff reviewed the adoption of ALJ Nemec's Initial Decision dismissing the complaint.  Motion of Vice Chairman Christy that the Initial Decision of ALJ Nemec be modified consistent with this motion and that the OSA prepare an Opinion and Order consistent with this motion is attached.  The Dissenting Statement of Commission Pizzingrilli is also attached.  Vote of 3-2 with Commissioner Gardner also dissenting.

1. Pike County Light & Power Co-Electric, 2046518-ALJ, R-2008-2046518.  Supplement No. 46 to Tariff Electric-Pa. P.U.C. No. 8 filed 7/18/08, to become effective 9/16/08, containing proposed changes in rates, rules, and regulations calculated to produce additional annual revenues.  On 9/11/08, the Commission issued an Order suspending the effective date until 4/16/09, and instituted an investigation.  By letter dated 1/12/09, a Joint Petition for Settlement of Rate Investigation was filed.  Commission staff reviewed the adoption of ALJ Cocheres' Recommended Decision approving the settlement.  Motion of Chairman Cawley that the Recommended Decision be approved, as modified consistent with this Motion and that the OSA prepare an Order consistent with this Motion, is attached.  Vote of 5-0 with no further discussion.

1. Bart Dunstan v. Duquesne Light Company, 2051332-ALJ, F-2008-2051332.  Complaint filed on 6/9/08, alleging a billing dispute and requesting an affordable payment arrangement.  On 10/23/08, the parties entered into a Settlement Agreement.  Commission staff reviewed the adoption of ALJ Meehan's Initial Decision approving the Settlement.  Motion of Commissioner Pizzingrilli that the Initial Decision is modified, consistent with this Motion and that the OSA prepare an Order consistent with this Motion, is attached.  Vote of 5-0 with no further discussion.

1. PECO Energy Company-Electric, 2062741-ALJ, P-2008-2062741.  Petition filed on 9/10/08, for Expedited Approval of its Market Rate Transition Phase-In Program.  The Phase-in Program is designed to give eligible customers a rate option to help them manage the transition from capped generation rates to market-priced generation, which will occur on 1/1/11, by allowing participating customers to make advance payments from 7/1/09-12/31/10 which will then be credited to their bills, with interest, between 1/1/11 and 12/31/12.  On 1/30/09, a Joint Petition for Settlement was filed.  Commission staff reviewed the adoption of ALJ Chestnut's Recommended Decision approving the Settlement.  Statement of Commissioner Pizzingrilli is attached.  Vote of 5-0 with no further discussion.

CARRY-IN AGENDA

Commissioners

1. Joint Motion of Vice Chairman Tyrone J. Christy and Commissioner Wayne E. Gardner, C-0005.  American Recovery and Reinvestment Act of 2009.  Joint Motion of Vice Chairman Christy and Commissioner Gardner that a Secretarial Letter, consistent with the Motion be served on all jurisdictional electric distribution companies, natural gas delivery distribution companies, telecommunication companies, water companies, waste water companies and railroad companies, that the Secretarial Letter be published in the Pennsylvania Bulletin to inform other stakeholders, including private corporations, of the Commission's endeavors regarding the American Recovery and Reinvestment Act of 2009 and that the OSA prepare the appropriate Secretarial Letter.  Vote of 5-0 with no further discussion. 

NO ANNOUNCEMENTS

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, MARCH 26, 2009 AT 10:00 A.M. 

* Denotes Order