Highlights: PA PUC Public Session of April 16, 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 April 16, 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, April 30, 2009 at 10:00 a.m.  The minutes of the Public Meeting of March 12, 2009, were, by a vote of 5-0, approved without modification.

Bureau of Transportation and Safety

1. Foster Gary Watson, t/a Gary's Travel Service, 2028295-TAS, C-2009-2028295.  Application for the right to begin to transport as a common carrier by motor vehicle, persons in paratransit service.  Watsontown, Northumberland.  Staff recommends that the Commission adopt the proposed Tentative Order approving the application.  Statement of Vice Chairman Christy is attached.  Vote of 4-1 with no further discussion.

Bureau of Audits

1. T.W. Phillips Gas and Oil Company, 2084332-AUD, D-2009-2084332.  Focused Management and Operations Audit.  Staff has completed its report containing 28 recommendations.  T.W. Phillips responded with an Implementation Plan indicating acceptance of 15 recommendations.  T.W. Phillips responded with an Implementation Plan indicating acceptance of 15 recommendations and partial acceptance of 13 recommendations.  Staff recommends that the Commission make the Audit Report and Implementation Plan public.  Statement of Chairman Cawley is attached.  Commission Powelson concurs with Chairman Cawley.  Vote of 5-0 with no further discussion.

Office of Special Assistants

1. Palmerton Telephone Company v. Global NAPS, Inc., et al., 2093336-OSA, C-2009-2093336.  Petition for Interim Emergency Order filed 3/4/09 in conjunction with a formal complaint, which requested that Global NAPS be required to provide adequate assurance of payment ability or pay all outstanding intrastate, interexchange access bills, pending final resolution.  On 3/12/09, ALJ Melillo convened a hearing and on 3/19/09 issued an Order Denying the Petition and Certifying a Material Question for Interlocutory Review.  Briefs were submitted 3/26/09.  Staff recommends that the Commission adopt the proposed Opinion and Order that answers the Material Question in the affirmative and that Refers the matter to ALJ for further proceedings.  Concurring and Dissenting Statement of Vice Chairman Christy is attached.  Joint Motion of Commissioners Gardner and Powelson that the Material Question is hereby answered in the NEGATIVE, consistent with the Motion, that the matters remanded to the presiding ALJ for such further proceedings, that the presiding ALJ establish an escrow amount or the amount for a surety bond within 30 days of entry of this Order, that the presiding ALJ schedule the matter for expedited consideration with the goal of completing the proceeding on the formal complaint of PTC within 120 days of the entry date of this order, and that the OSA prepare a draft Opinion and Order consistent with the Motion.  Vote of 3-2 with Vice Chairman Christy concurring in part and dissenting in part and Commissioner Pizzingrilli dissenting.

1. Art of Life, Inc., 1206082-OSA, A-00120001F0002.  Application filed on 6/11/07.  Following publication of notice, several protests were filed.  Hearings were held on 2/8/08 and 6/2/08.  ALJ Jones issued an Initial Decision on 12/23/08, denying the Application.  Exceptions were filed on 1/12/09.  Replies to Exceptions were filed on 1/23/09.  Staff recommends that the Commission adopt the proposed Opinion and Order denying the Exceptions and adopting the Initial Decision.  Vote of 4-0 with Commissioner Powelson abstaining.

Bureau of Fixed Utility Services

1. Pennsylvania American Water Company and Boggs Township, 2090534-FUS, A-2009-2090534.  PAWC submitted proofs of publication and service to appropriate entities.  The Application was served upon appropriate township and county officials and the county planning commission.  The Commission received no protests and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.  Statement of Commissioner Powelson is attached.  Vote of 5-0 with no further discussion.

1. Pennsylvania American Water Company and Valley Township, 2092224-FUS, A-2009-2092224.  Application filed on 2/20/09.  Proofs of publication and service to appropriate entities were submitted.  No protests were filed and no hearings were conducted.  Staff recommends that the Commission adopt the proposed Order.  Statement of Commissioner Powelson is attached.  Vote of 5-0 with no further discussion.

1. XO Communications Services, Inc., 2096761-FUS, M-2009-2096761, M00001373F0025.  Filing to reclaim 40 blocks of numbers that have not been put into service by XO Communications Services, Inc.  No replies have been made to the Commission's repeated requests for information for these blocks.  Staff recommends that the Commission adopt the proposed Order.  Statement of Commissioner Pizzingrilli is attached.  Vote of 5-0 with no further discussion.

Law Bureau

1. All matters approved as submitted. 

Office of Administrative Law Judge

1. Bridgeport Garage Inc. v. PA American Water, 2037352-ALJ, F-2008-2037352.  Complaint filed on 4/14/08, alleging a billing dispute resulting from Respondent's transfer of a prior balance owed by a tenant to Complainant's account.  On 5/14/08, PAWC filed its Answer and New Matter, endorsed with a Notice to Plead.  A hearing was held 9/9/08.  Staff reviewed and advised that the Commission adopt ALJ Weismandel's Initial Decision dismissing the complaint.  This matter has been postponed until Public Meeting of April 30, 2009.

1. PECO Energy Company-Electric, 2062739-ALJ, P-2008-2062739.  Petition filed 9/10/08, requesting the approval of PECO's DSP and Rate Mitigation Plan (collectively, DSP Program) to establish rates, terms and conditions for the provision of default service for the period 01/01/11 through 05/31/14, for those customers who do not take service from an alternative electric generation supplier or whose contracted generation is not delivered.  Numerous Petitions to Intervene were filed.  On 03/10/09, a Joint Petition for Settlement was filed.  Staff reviewed and recommended that the Commission adopt ALJ Chestnut's Recommended Decision approving and adopting the Petition without modification.  Statement of Chairman Cawley is attached.  Statement of Vice Chairman Christy concurring in part and dissenting in part is attached.  Joint Motion of Chairman Cawley and Commissioner Gardner that initial comments be submitted within 60 days of entry of this Order and reply comments 30 days thereafter, the Law Bureau draft the appropriate Order consistent with this Motion and be designated as the lead bureau to oversee the investigation, and a copy of this Order be served upon all jurisdictional electric and gas utilities, the OCA and the OSBA and publish in the Pennsylvania Bulletin.  Vote of 4-1 with no further discussion.

CARRY-IN AGENDA

1. Act 129 Alternative Energy Sources Implementation, 2093383-Law, M-2009-2093383, M-00051865.  Implementation of Act 129 of 2008, Phase 4 – Relating to the Alternative Energy Portfolio Standards Act.  Staff recommends that the Commission adopt the Tentative Order seeking comments on the proposed procedures and guidelines to qualify new Tier I alternative energy sources pursuant to Act 129 of 2008.  Statement of Commissioner Pizzingrilli is attached.  Vote of 5-0 with no further discussion.

Commissioners

1. Joint Motion of Chairman Cawley and Commissioner Gardner Re:  Compliance of Commonwealth of Pennsylvania With Section 410(A) of the American Recovery and Reinvestment Act of 2009, C-0008, I-2009-2099881.  Joint Motion of Chairman Cawley and Commissioner Gardner that initial comments be submitted by interested parties with 60 days of entry of this Order and reply comments 30 days thereafter, that the Law Bureau draft the appropriate Order consistent with this Motion and be designated as the lead bureau to oversee the investigation and a copy of this Order be served on all jurisdictional electric and gas utilities, the OCA, OSBA and published in the Pennsylvania Bulletin, is attached.  Vote of 5-0 with no further discussion.

1. Motion of Commissioner Gardner Re:  Investigation into PECO Energy Company's Electric Service Tariff PA. P.U.C. No. 4, C-0009.  Motion of Commissioner Gardner that an investigation on Commission motion be instituted to determine the lawfulness, justness and reasonableness of the nuclear decommission cost adjustment clause contained in PECO's tariff, that the case be assigned to the OALJ for Alternative Dispute Resolution, if possible, or the prompt scheduling of such hearings as may be necessary, that the OTS be directed to intervene in the proceeding before the OALJ and that a copy of the Order implementing this Motion be served upon the OTS, OCA, OSBA and any other parties to the proceeding at Docket No. P-2008-2062739 and that the Law Bureau prepare the appropriate Order consistent with this Motion.  Vote of 5-0 with no further discussion.

NO ANNOUNCEMENTS

* Denotes Order