Highlights: PA PUC Public Session of November 19, 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 November 19, 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, December 3, 2009 at 10:00 a.m.  The minutes of the Public Meeting of October 22, 2009, were, by a vote of 5-0, approved without modification.

BUREAU OF TRANSPORTATION & SAFETY

1. Medcross Ambulance, Inc., 2038707-TAS, A-2008-2038707.  Application for the right to begin to transport as a common carrier by motor vehicle, persons in paratransit service.  Philadelphia.  Staff recommends that the Commission adopt the proposed order approving the application.  Vote of 5-0 with no discussion.

BUREAU OF AUDITS

1. All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

1. Investigation Regarding Intrastate Access Charge & IntraLATA Toll Rates of Rural Carriers and the PA Universal Service Fund, 1189996-OSA, I-00040105.  Joint Petition for Interlocutory Review and Petitioners are seeking Interlocutory Review as to whether the ALJ's Order, issued on 9/15/09, correctly states the scope of the issues that are to be addressed.  Briefs were filed by various Parties in support and in opposition of the Joint Petition.  Staff recommends that the Commission adopt the proposed Opinion and Order which answers the Material Question in the Affirmative, consistent with the discussion therein.  Motion of Chairman Cawley that the Material Question be answered in the AFFIRMATIVE with the clarifications contained in this Motion and that the OSA draft the appropriate Order consistent with this Motion, is attached.  Vote of 5-0 with no further discussion.

1. United Limousine Service, Inc., 1202941-OSA, A-00118265C0601, C-2008-2036774.  BTS instituted a complaint on 5/1/08, alleging that the Petitioner failed to maintain evidence of liability insurance on file with the Commission.  By Order entered 8/26/08, the Commission noted that no Answer to the Complaint had been filed and no evidence of insurance had been filed with the Commission.  Accordingly, the allegation of the Complaint was deemed admitted, the complaint was sustained, the Petitioner's Certificate was cancelled, and the Petitioner was assessed a civil penalty of $100.00.  On 8/26/09, the Petitioner filed a Petition for Reinstatement.  BTS filed an Answer to the Petition on 9/3/09.  Staff recommends that the Commission adopt the proposed Opinion and Order which refers the matter to OALJ for evidentiary hearings.  Motion of Commissioner Gardner that the Petition for Reinstatement filed by United Limousine Service, Inc. be denied and that the OSA prepare the appropriate Opinion and Order is attached.  Vote of 5-0 with no further discussion.

1. Cars R US v. Philadelphia Gas Works, 2033437-OSA, C-2008-2033437.  Formal Complaint filed on 2/29/08, alleging that gas had not been used in an unauthorized manner and should not be charged for such use.  On 6/11/09, ALJ Nguyen issued the Initial Decision dismissing the Complaint.  Exceptions were filed by the Complainant on 8/21/09.  Reply Exceptions were filed by the Respondent on 8/31/09.  Staff recommends that the Commission adopt the proposed Opinion and Order that denies the Exceptions and adopts ALJ Nguyen's Initial Decision, as modified by the proposed Opinion and Order, to dismiss the Formal Complaint.  Motion of Commissioner Powelson that the Exceptions of Cars R Us are denied, and the Initial Decision of Administrative Law Judge Ky Van Nguyen is adopted, as modified by this Motion, that the Formal Complaint of Cars R Us is dismissed, with prejudice and that the OSA prepare an Opinion and Order consistent with this Motion, is attached.  Statement of Vice Chairman Christy is attached.  Vote of 5-0 with no further discussion.

1. Torino Inc. v. PECO Energy, 2034595-OSA, C-2008-2034595.  Formal Complaint filed on 3/24/08, alleging PECO overbilling because bills were estimates because of a broken gas meter for many years.  PECO filed an Answer on 4/28/08, and admitted that the gas meter had stopped transmitting readings in 10/05, and that bills were based on estimated readings until 5/07, when PECO gained access to the meter and replaced it.  In the Initial Decision issued 8/3/09, ALJ Nguyen dismissed the Complaint, in part, and sustained it, in part.  The ALJ found that PECO had violated Section 1501 of the Public Utility Code because it had failed to read Torino's meter for 41 months and recommended a penalty of $4,100.  PECO filed Exceptions on 8/25/09.  No Reply Exceptions were filed.  Staff recommends that the Commission adopt the proposed Opinion and Order that dismisses the Complaint, suspends the penalty and assigns this matter to the Law Bureau for investigation and further action as deemed appropriate.  Motion of Commissioner Powelson that the Exceptions of PECO are denied, the Initial Decision of ALJ Nguyen is adopted, as modified by this Motion, with 30 days of the entry of the Opinion and Order, PECO provide FUS, Energy Division, with a list of all gas accounts where an actual meter reading has not been obtained for the three previous billing cycles or longer, with 30 days of receipt of the aforementioned list from PECO, FUS, Energy Division shall provide a report and recommendation to the PUC Law Bureau on whether a systemic issue exists, and what, if any, further steps should be taken by the PUC and that the OSA prepare an Opinion and Order consistent with this Motion, is attached.  Statement of Vice Chairman Christy is attached.  Vote of 5-0 with no further discussion.

1. Penelec and Met Ed, 2036188-OSA, M-2008-2036188, C-2008-2041260,
   C-2008-2042292, C-2008-2042426, M-2008-2036197, C-2008-2041212, C-2008-2042277, C-2008-2042339.  Initial Transmission Service Charge (TSC) filed on 4/14/08.  Penelec's filing is in Supplement No. 5, to its Tariff Electric-Pa P.U.C. No. 79, and Met Ed's filing is in Supplements Nos. 5 and 6 to its Tariff Electric-Pa. P.U.C. No. 50.  Complaints to Penelec's TSC were filed by OSBA, the Met Ed Industrial Users Group, the Penelec Industrial Customer Alliance, and OCA.  Penelec filed timely answers to the Complaints of the OSBA, the OCA and the MEIUG/PICA.  Complaints to Met Ed's TSC were filed by the OSBA, the MEIUG, the PICA and the OCA.  Med Ed filed timely answers to the Complaints.  On 8/11/09, the Recommended Decision of ALJ Meehan was issued.  Exceptions and Reply Exceptions were filed by various Parties.  Staff recommends that the Commission adopt the proposed Opinion and Order which modifies the Recommended Decision and denies the Exceptions filed by the Parties.  This matter has been postponed until Public Meeting of December 3, 2009.

1. Law Bureau Prosecutory Staff v. PPL, 2058182-OSA, M-2009-2058182.  Informal Investigation by LBPS into the termination of a residential customer by PPL.  LBPS and PPL filed a Joint Petition for Settlement Agreement on 7/2/09.  Under the terms of the Agreement, PPL has and will make significant changes to its termination procedures and other customer service practices, pay a civil penalty of $50,000, and make a $400,000 contribution to PPL's Operation HELP.  By Opinion and Order entered 9/10/09, the Commission requested comments on the proposed Agreement.  Comments were filed by the OCA and the PULP.  On 10/21/09 the Commission received the Response of LBPS to Public Comments.  Staff recommends that the Commission adopt the proposed Opinion and Order which approves the proposed Agreement.  Dissent in part of Vice Chairman Christy is attached.  Vote of 5-0 with partial dissent and no further discussions.

1. Law Bureau Prosecutory Staff v. PPL, 2059414-OSA, M-2009-2059414.  Informal Investigation initiated on 10/17/08, of PPL's conduct involving its customer service surrounding the termination of electric service to a customer.  LBPS began this investigation because it believed PPL may not have provided the customer with all available methods of avoiding the termination when PPL contacted him prior to the termination of service.  LBPS and PPL entered into settlement negotiations, which resulted in a Joint Petition for Settlement Agreement, filed with the Commission on 7/28/09.  By Opinion and Order entered 9/10/09, the Commission requested comments on the proposed settlement.  Comments were submitted by the OCA and the PULP.  On 10/21/09, the Commission received the Response of LBPS to Public Comments.  Staff recommends that the Commission adopt the proposed Opinion and Order which approves the proposed Agreement.  Dissent in part of Vice Chairman Christy is attached.  Vote of 5-0 with partial dissent and no further discussions.

1. Digital 833 Chestnut LLC v. PGW, PECO and UGI Energy, 2076235-OSA,
   C-2008-2076235, C-2008-2076610, C-2008-2076623.  Formal Complaint filed on 11/19/08.  PGW filed an Answer requesting the Commission to dismiss the Complaint.  In his Initial Decision, ALJ Koster recommended that the Complaint be dismissed with prejudice due to the Commission's lack of jurisdiction over actions for breach of contract.  Digital 833 filed Exceptions and the Respondents each filed Reply Exceptions.  Staff recommended that the Commission adopt the proposed Opinion and Order which denies Digital 833's Exceptions, and adopts the Initial Decision as the action of the Commission.  This matter has been withdrawn by the Bureau.

1. Bureau of Transportation & Safety v. Twins Moving & Storage Co., Inc., 2103276-OSA, C-2009-2103276.  Application filed on 4/20/04, for household goods authority.  On 5/23/05, the Application was dismissed for non-compliance.  On 7/28/09, BTS instituted a Complaint alleging that the Respondent held itself out to transport household goods for compensation, while not then holding a Certificate issued by the Commission.  BTS requested that a civil penalty of $1,000.00 be imposed.  On 8/11/09, the Respondent filed an Answer to the Complaint.  On 9/15/09, the Respondent and the Commission's Law Bureau Prosecutory Staff filed a Settlement Agreement in order to satisfy the Complaint.  As part of the Settlement, the proposed penalty of $1,000 is reduced to $500.  Staff recommends that the Commission adopt the proposed Opinion and Order which approves the proposed Settlement.  This matter has been postponed until Public Meeting of December 17, 2009.

BUREAU OF FIXED UTILITY SERVICES

1. Pennsylvania Electric Co., 2133063-FUS, A-2009-2133063.  Letter of Notification filed on 9/28/09, pursuant to 52 Pa. Code Chapter 57.72 with respect to the Forest-Glade-Lewis Run 230 kV HV Eliminate Three Terminal Transmission Line project, situated in Mead Township, Warren County.  Authority for this procedure is provided for at §57.72(d)(vi).  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order that approves the Application.  This matter has been withdrawn by the Bureau. 

COMBINED BUREAU AGENDA

LAW BUREAU

1. All matters approved as submitted.

OFFICE OF ADMINISTRATIVE LAW JUDGE

1. Aretta Greenawald v. Verizon PA, 2051784-ALJ, F-2008-2051784.  Formal complaint filed on 6/28/08, alleging a billing dispute with respect to directory assistance charges on her telephone bill.  On 8/11/08, Verizon filed an answer.  A hearing was held on 4/7/09.  Commission staff reviewed and advised that the Commission adopt ALJ Meehan's Initial Decision dismissing the complaint for failure to satisfy the burden of proof.  This matter has been postponed until Public Meeting of December 3, 2009.

CARRY-IN AGENDA

OFFICE OF SPECIAL ASSISTANTS

1. Peoples Natural Gas Co/Dominion Peoples and Peoples Hope Gas Company, 2063737-OSA, A-2008-2063737.  Joint application filed on 9/18/08, seeking certificates of public convenience authorizing PHGC to acquire all the outstanding stock of PNGC from Dominion Resources, Inc.  The OCA, OTS and OSBA all intervened as did Hess Corporation.  On 9/4/09, PNGC, PHGC, the OCA, the OSBA and Dominion filed a Joint Petition for Approval of Settlement.  Hess did not join, but advised it was not opposed.  The OTS opposed the Settlement.  By Interim Order dated 10/16/09, ALJ Meehan denied the Settlement.  On 10/20/09, PNGC and Dominion filed a Petition for Interlocutory Order, Answer to Material Question and Certification of the Record.  The OCA, OSBA and PHGC supported the filing.  The OTS opposed it.  Staff recommends that the Commission adopt the proposed Opinion and Order which disposes of all issues raised in the Petition for Interlocutory Review.  Joint Statement of Vice Chairman Christy and Commissioner Powelson is attached.  Vote of 5-0 with no further discussion.

1. PECO Energy Company, 2093215-OSA, M-2009-2093215.  Energy Efficiency and Conservation Plan filed on 7/1/09.  By Order entered 10/28/09, the Commission approved in part and rejected in part the plan.  On 11/12/09, the OSBA filed a Petition for Reconsideration.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants reconsideration pending review of, and consideration on, the merits.  Vote of 5-0 with no discussion.

1. PPL Electric Utilities Corp, 2093216-OSA, M-2009-2093216.  Energy Efficiency and Conservation Plan filed on 7/1/09.  On 10/15/09, the Commission adopted an Opinion and Order that granted in part and denied it in part the plans.  On 11/10/09, the OSBA filed a Petition for Reconsideration.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants reconsideration pending review of, and consideration on, the merits.  Vote of 5-0 with no discussion. 

1. Duquesne Light Company, 2093217-OSA, M-2009-2093217.  Energy Efficiency and Conservation Plan filed on 6/30/09.  By Order entered 10/27/09, the Commission approved in part and rejected in part the plan.  On 11/12/09, the OSBA filed a Petition for Reconsideration.  Staff recommends that the Commission adopt the proposed Opinion and Order, which grants reconsideration pending review of, and consideration on, the merits.  Vote of 5-0 with no discussion.

1. West Penn Power Co., 2093218-OSA, M-2009-2093218.  Energy Efficiency and Conservation Plan filed on 7/1/09.  By Order entered 10/23/09, the Commission, inter alia, approved the Plan, as modified.  On 11/9/09, the OSBA filed a Petition for Reconsideration.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants reconsideration, pending review of, and consideration on, the merits.  Vote of 5-0 with no discussion.

1. PPL Electric Utilities Corp., 2129502, P-2009-2129502.  Petition Requesting Approval of a Voluntary Purchase of Accounts Receivables Program and Merchant Function Charge filed on 9/10/09.  On 10/22/09, an evidentiary hearing was held before ALJ Cocheres.  On 10/2/09, the ALJ certified the record in this proceeding for decision by the Commission given the compressed time-frame for implementation of the POR Program for 2010, if approved.  On 10/30/09, the Parties to the proceeding filed a Joint Petition for Settlement which resolved all but two issues in the proceeding.  On 10/30/09, Main Briefs with respect to the issues reserved for litigation were filed by the Parties.  On 11/6/09, Reply Briefs were filed.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants the Joint Petition for Settlement without modification and which resolves the two reserved issues.  Statement of Vice Chairman Christy is attached.  Vote of 5-0 with no discussion.

LAW BUREAU

1. UGI Central Penn Gas, Inc., 2139177-LAW, P-2009-2139177.  Petition for Approval of a One-Time Credit to Refund an Overcollection of Purchased Gas Costs.  Staff recommends that the Commission grant in part and deny in part the Petition.  Vote of 5-0 with no discussion.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, DECEMBER 3, 2009 AT 10:00 A.M. 

* Denotes Order