Highlights: PA PUC Public Session of April 30, 2009

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          At the April 30, 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, May 14, 2009 at 10:00 a.m.  The minutes of the Public Meeting of March 26, 2009, were, by a vote of 5-0, approved without modification.

Bureau of Transportation and Safety

1. Platinum Touch Transportation, 1206581-TAS, A-00123697F0002.  Application for the additional right to transport as a common carrier by motor vehicle, persons in group and party service in vehicles seating eleven (11) to fifteen (15) passengers including the drive.  Staff recommends that the Commission adopt the proposed order approving the application.  Vote of 4-0 with Commissioner Powelson abstaining. 

Office of Special Assistants

1. Deborah L. Anderson v. PECO Energy, 2033574-OSA, F-2008-2033574.  Formal Complaint filed 2/28/08, alleging, inter alia, that it is impossible to have accumulated a $30,000 arrearage.  Complainant requested a reasonable payment arrangement.  On 4/25/08, PECO filed an answer denying the material allegations in the complaint.  On 1/30/09, the Initial Decision of ALJ Fordham was issued wherein she recommended that the complaint be sustained in part and dismissed in part.  The ALJ recommends that the Complainant's bill be adjusted because PECO failed to properly correct for estimated bills and dismissed with respect to all other allegations.  The Complainant filed Exceptions and an Addendum to her Exception on 2/17/09, and 3/3/09, respectively.  No Reply Exceptions were filed.  Staff recommends that the Commission adopt the proposed Opinion and Order which denies the Complainant's exceptions and adopts the ALJ's Initial Decision.  Vote of 5-0 with Commissioner Powelson concurring in result only.

1. Bureau of Transportation & Safety v. Donald Fix, t/a Don Farr Moving, 2047063-OSA, C-2008-2047063.  Complaint filed against the Donald Fix Company alleging various violations of the Code and Regulations.  By Initial Decision of 2/11/09, ALJ Nemec sustained the Complaint, in part, and imposed a civil penalty of $5,750 on the Company.  The Law Bureau Prosecutory Staff filed Exceptions to the Initial Decision, as did the Company.  Staff recommends that the Commission adopt a proposed Opinion and Order which denies the Exceptions of the Staff, denies the Exceptions of the Company and adopts the Initial Decision of the ALJ.  This matter has been postponed until Public Meeting of May 14, 2009.

1. Harrisburg City Cab, Inc., 2051080-OSA, A-2008-2051080, A-00122208.  Application filed 5/16/08.  On 8/6/08, a Joint Protest was filed.  On 8/8/08, the Applicant filed a Motion to Dismiss the Joint Protest, which was granted by ALJ Salapa's Initial Decision issued 2/10/09.  Exceptions were filed on 2/3/09.  Amended Exceptions, together with a Petition for Stay, were filed on 2/24/09.  Reply Exceptions were filed on 3/3/09.  Staff recommends that the Commission adopt the proposed Opinion and Order reversing the Initial Decision and referring the case to the OALJ for further proceedings.  Commissioner Gardner's Motion that the Exceptions filed by Keystone Cab Service, Inc., and E.Z. Taxi, LLC are denied, the Petition for Stay filed by Keystone Cab Service, Inc. and E.Z. Taxi, LLC is denied as moot, that the Initial Decision of ALJ Salapa be adopted in its entirety and that the OSA prepare an Opinion and Order consistent with this Motion, is attached.  Vote of 4-1 with Vice Chairman Christy dissenting.

1. Charles Souders v. PECO Energy Company, 2053281-OSA, C-2008-2053281.   Complaint filed on 7/10/08, alleged that PECO overbilled the Complainant and refused to set up a reasonable payment schedule.  PECO denied the material averments of the complaint.  A telephonic hearing was held on 12/12/08.  The Initial Decision, issued 2/13/09, held that the four-year statute of limitations in 66 Pa. C.S. § 1312(a) prevents PECO from collecting amounts billed prior to 7/10/04.  PECO filed Exceptions on 3/5/09.  No Replies to Exceptions were filed.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants the Exceptions and modifies the Initial Decision. Statement of Commissioner Powelson recommending utility companies across the Commonwealth of Pennsylvania to work with customers and the Commission to ensure that customer arrearages are kept to a minimum so as to avoid the exorbitant outstanding balances.  Vote of 5-0 with Vice Chairman Christy associating himself with Commissioner Powelson's Statement.

1. Marla R. Brown v. PECO Energy, 2055866-OSA, C-2008-2055866.  Complainant filed on 7/16/08 asserted that there are incorrect charges on her bill and also requested a payment arrangement.  On 8/29/08, PECO filed an Answer and New Matter, A Preliminary Objection, and a Motion for Judgment on the Pleadings.  Brown did not file an Answer to those pleadings.  On 11/7/08, the ALJ filed an Initial Decision granting PECO's Motion for Judgment on the Pleadings and dismissing Brown's complaint with prejudice.  On 12/15/08, Brown timely filed Exceptions to the Initial Decision.  Staff recommends that the Commission adopt the proposed Opinion and Order that grants Brown's Exceptions, in part, and that remands this proceeding OALJ for further proceedings consistent with the Opinion.  Motion of Commissioner Powelson that the Exceptions of Marla R. Brown to the Initial Decision in this matter are granted in part and denied in part, that the Initial Decision in this matter granting PECO Energy Company's Motion for Judgment on the Pleadings is reversed in part, consistent with this Motion, that the Formal Complaint of Marla R. Brown against PECO Energy Company is remanded to the OALJ for further proceedings consistent with this decision and that the OSA prepare an Opinion and Order consistent with this Motion, is attached.  Vote of 5-0 with no further discussion.

1. Lori Williams v. PECO Energy Company, 2061207-OSA, C-2008-2061207.  Complaint alleged incorrect charges and requested a Commission-ordered payment arrangement.  PECO filed a Motion for Judgment on the Pleadings seeking dismissal of those portions of the complaint requesting a payment arrangement.  On 1/28/09, Chief ALJ Smith issued her Initial Decision granting the Motion for Judgment on the Pleadings and dismissing the complaint.  Complainant filed exceptions on 2/16/09.  No Replies were filed.  Staff recommends that the Commission adopt the proposed Opinion and Order which reverses the Initial Decision and remands the case to the OALJ.  Motion of Commissioner Powelson that the Initial Decision is reversed in part, consistent with this Motion, that the matter is referred to the OALJ for further proceedings consistent with this Motion and that the OSA prepare the appropriate Opinion and Order consistent with this Motion, is attached.  Vote of 5-0 with no further discussion.

Bureau of Fixed Utility Services

1. PECO Energy Company-Electric, 2096834-FUS, 2096836-FUS, 2096838-FUS, 2096839-FUS, S-2009-2096834, S-2009-2096836, S-2009-2096838, S-2009-2096839.  Securities certificate for the issuance of up to $3 billion principal amount of first and refunding mortgage bonds, collateralized notes secured by a like amount of first mortgage bonds, unsecured debt in the form of notes, debentures and bank loans and subordinate debentures either directly to investors, or a special purpose subsidiary of PECO for the purpose of issuing trust preferred securities.  Staff recommends that the Commission register the securities certificate consistent with the proposed Order.  Motion of Commissioner Gardner that the securities certificates filed by PECO Energy Company – Electric for the issuance of up to an aggregate of $3.0 billion of long term debt are hereby registered for an amount not to exceed an aggregate of $2.5 billion, that this registration period shall be deemed to end on December 31, 2012 and that the Bureau of FUS prepare the appropriate Order consistent with this Motion, is attached.  Vote of 5-0 with no further discussion.

Law Bureau

1. Proposed Rulemaking NGDC Bus Practices, 2069117-LAW, L-2008-2069117, I-00040103F0002.  Natural Gas Distribution Company Business Practices; 52 Pa. Code §§ 62.181-62.186.  Staff recommends that the Commission adopt the proposed Rulemaking Order.  Statement of Vice Chairman Christy that the cost ramifications are potentially imposing non by-passable costs just to level playing fields of competition.  Vice Chairman Christy concurs in the result only   Vote of 5-0 with no further discussion.

Office of Administrative Law Judge

1. Bruce Carl v. UGI Corp. – Gas Utility Division, 2029473-ALJ, C-2008-2029473.  Complaint filed on 2/28/08, alleging that Complainant is a disabled person, that the Respondent had removed the gas meter from his home without notice to him, and that he had no money to pay for a theft of service fee and a security deposit.  The Complaint asked that the Commission direct the Respondent to waive the theft of service fee and the security deposit.  On 3/31/08, the Respondent filed an answer to the complaint.  A hearing was held 9/9/08.  Staff reviewed and advised that the Commission adopt ALJ Nguyen's Initial Decision denying the complaint.  This matter has been postponed until Public Meeting of May 14, 2009.

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.  Motion of Vice Chairman Christy that the Initial Decision be modified consistent with this Motion and that the OSA prepare the necessary Opinion and Order, is attached.  Vote of 4-1 with no further discussion and Commissioner Pizzingrilli dissenting.

CARRY-IN AGENDA

Commissioners

1. Motion of Commissioner Pizzingrilli re:  Policy Statement Regarding Scope of Cyber Security Plans Required by 52 Pa. Code §101,1, et seq., C-0010.  The Motion of Commissioner Pizzingrilli that the Law Bureau prepares an Order consistent with this Motion and that this Order be published in the Pennsylvania Bulletin and served on all jurisdictional utilities subject to the provisions of 52 Pa. Code 101.1, et seq. is attached.  Vote of 5-0 with no further discussion.

1. Joint Motion of Vice Chairman Christy and Commissioner Pizzingrilli Re:  Electric Distribution Company Service Outage Response and Restoration Practices,
   C-0011, M-2008-2065532.  Joint Motion of Vice Chairman Christy and Commissioner Pizzingrilli that the report prepared by Commission staff be made public and that the Law Bureau initiate the rulemaking proceedings recommended by Commission staff in the Electric Distribution Company Service Outage Response and Restoration Practices Report is attached.  Vote of 5-0 with no further discussion.

ANNOUNCEMENTS

• Commissioner Powelson thanked Governor Rendell for his renomination for a five (5) year term.

* Denotes Order