Highlights: PA PUC Public Session of October 15, 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 October 15, 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.  The next regular Public Meeting is tentatively scheduled for Thursday, October 22, 2009 at 10:00 a.m.  The minutes of the Public Meeting of September 24, 2009, were, by a vote of 5-0, approved without modification.

OFFICE OF SPECIAL ASSISTANTS

1. PECO Energy Company-Electric, 2093215-OSA, M-2009-2093215.  Energy Efficiency and Conservation Plan filed on 7/1/09, per the Implementation Order of 1/16/09 regarding Act 129.  A Notice was published in the PA Bulletin on 7/18/09, stating the deadline for comments.  Numerous parties filed comments and intervened.  The Plan was referred to ALJ Chestnut, who held public input and evidentiary hearings.  Numerous parties filed Main and Reply Briefs.  On 9/14/09, ALJ Chestnut certified the record to the Commission for consideration and disposition.  Staff recommends that the Commission adopt the proposed Opinion and Order which recommends, inter alia, that PECO's Petition for Approval of its EE&C Plan be granted, in part, and denied, in part, and that the EE&C Plan be approved as modified by this Opinion and Order.  Motion of Chairman Christy that the Opinion and Order be approved in part and denied in part, the OSA prepare an Opinion and Order consistent with this motion is attached.  Statement of Vice Chairman Christy stating that he likes the home energy incentive program, Statement of Commissioner Pizzingrilli for all EE&C dockets and Statement of Commissioner Powelson stating that he will push for the maximum allowable penalty of $20 million should any of the companies fail to meet the consumption reduction targets and also dissents to PECO's Energy Efficiency and Conservation Plan, are attached.  Vote of 4-1 with no further discussion.

1. PPL Electric Utilities Corp., 2093216-OSA, M-2009-2093216.  Energy Efficiency and Conservation Plan filed on 7/1/09, per the Implementation Order of 1/16/09, regarding Act 129.  A Notice was published in the PA Bulletin on 7/18/09, stating the deadline for comments.  Numerous parties filed comments and intervened.  The Plan was referred to ALJ Colwell, who held public input and evidentiary hearings.  Numerous parties filed Main and Reply Briefs.  On 9/14/09, ALJ Colwell certified the record to the 9/14/09, ALJ Colwell certified the record to the Commission for consideration and disposition.  Staff recommends that the Commission adopt the proposed Opinion and Order which recommends, inter alia, that PPL's Petition for Approval of its EE&C Plan be approved as modified by this Opinion and Order.  Motion of Chairman Cawley that the Opinion and Order be approved in part and denied in part and the OSA prepare an Opinion and Order consistent with this motion is attached.  Statement of Vice Chairman Christy, Statement of Commissioner Pizzingrilli and Statement of Commissioner Powelson in which he is dissenting are attached.  Vote of 4-1 with no further discussion.

1. West Penn Power Co. d/b/a Allegheny Power, 2093218-OSA, M-2009-2093218.  Energy Efficiency and Conservation Plan 7/1/09, per the Implementation Order of 1/16/09, regarding Act 129.  A Notice was published in the PA Bulletin on 7/18/09, giving the deadline for comments.  Numerous parties filed comments and intervened.  The Plan was referred to ALJ Dunderdale, who held public input and evidentiary hearings.  Numerous parties filed Main and Reply Briefs.  On 9/10/09, ALJ Dunderdale certified the record to the Commission for consideration and disposition.  Staff recommends that the Commission adopt the proposed Opinion and Order which recommends, inter alia, that Allegheny's Petition for approval of its EE&C Plan be granted, in part, and denied, in part, and that the EE&C Plan be approved as modified by the Order.  Motion of Chairman Cawley that the Opinion and Order be approved in part and denied in part, as modified by this Motion, that Wes Penn Power Company file a revised Contract Demand Response Program with the PUC within 60 days, that the OSA prepare and Opinion and Order consistent with this Motion, is attached.  Statement of Vice Chairman Christy, Statement of Commissioner Pizzingrilli and Statement of Commissioner Powelson in which he is dissenting are attached.  Vote of 4-1 with no further discussion.

BUREAU OF FIXED UTILITY SERVICES

1. All matters approved as submitted. 

OFFICE OF ADMINISTRATIVE LAW JUDGE

1. Ann Marie Smagiassi v. Pennsylvania American Water Company, 2023798-ALJ, F-2008-2023798.  Complaint filed on 2/27/08, alleging a billing dispute.  On 4/30/08, PAWC filed an Answer, and New matter with an appropriate Notice to Plead.  A hearing was held on 01/28/08.  Staff reviewed and advised that the Commission adopt ALJ Jandebeur's Initial Decision dismissing the Complaint.  This matter has been postponed until Public Meeting of November 5, 2009.

1. UGI Utilities, Inc., 2105911-ALJ, R-2009-2105911.  Annual Purchased Gas Cost filing of 6/1/09, proposed a PGC(1) rate decrease from this current rate that became effective 3/1/09.  The filing also proposed an average PGC(2) rate, which was a reduction from this current average rate that became effective 3/1/09.  On 8/13/09, a Stipulation was filed, which was joined in or not opposed by all parties.  Under the Settlement, the proposed PGC(1) and the PGC(2) rates are to be reduced effective 12/1/09.  These proposed rates are subject to updates and modifications traditionally performed as part of the compliance filing.  In addition, the Settlement provides for various changes to UGI's Gas Beyond the Mains (GBM) program, subject to the results of the ongoing informal investigation of GBM at Docket No. M-2008-2072850.  Staff reviewed and advised that the Commission adopt ALJ Melillo's Recommended Decision approving the Settlement.  This matter has been postponed until Public Meeting of November 5, 2009.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, OCTOBER 22, 2009 AT 10:00 A.M.

 * Denotes Order