Highlights: PA PUC Public Session of February 25, 2010

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 February 25, 2010 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 11, 2010 at 9:00 a.m.  The minutes of the Public Meeting of January 28, 2010, were, by a vote of 5-0, approved without modification.

BUREAU OF TRANSPORTATION & SAFETY

1. All matters approved as submitted.

BUREAU OF CONSERVATION ECONOMICS & ENERGY PLANNING

1. PPL Electric Utilities, Corp, 1184225-CEP, M-00031715F0003.  Letter Petition for Approval of an appointment to the Board of Directors of the PPL Sustainable Energy Fund of Central Easter PA.  Staff recommends that the Commission approve the appointment of Pamela C. Polacek to the PPL Sustainable Energy Fund’s Board of Directors.  This matter has been postponed until Public Meeting of March 11, 2010.

OFFICE OF SPECIAL ASSISTANTS

1. T. W. Phillips, Gas & Oil, Co., 2013026-OSA, R-2008-2013026, R-2008-2075250.  Petition for Reconsideration filed by Bison on 8/13/09, regarding the Order of 7/29/09 that adopted the ALJ’s recommended Decision.  This Petition was denied by the Commission’s Order entered 12/3/09.  Bison appealed the Orders entered 7/29/09 and 12/3/09 to the Commonwealth Court.  On 1/19/10, TW Phillips and Bison filed a Petition requesting that the Commission allow TWP to:  withdraw its modification petition of 8/08, rescind certain portions of its Order entered 7/29/09; and rescind its Order entered 12/3/09.  No Parties have opposed the Petition.  Staff recommends that the Commission adopt the proposed Opinion and Order that grants the Petition of TW Phillips and Bison.  This matter has been postponed until Public Meeting of March 11, 2010.

1. Melissa Randall vs. PECO, 2065525-OSA, F-2008-2065525.  Formal Complaint filed on9/19/08, alleged an inability to pay the amount requested for her residential electric service.  On 10/16/08, PECO filed an Answer to the Complaint.  A telephonic hearing was held on 2/23/09, before ALJ Fordham.  By Initial Decision, issued on 7/6/09, the ALJ concluded that the Complainant failed to sustain her burden of proof.  The Complainant filed Exceptions to the Initial Decision on 7/16/09.  PECO did not file Reply Exceptions.  Staff recommends that the Commission adopt the proposed Opinion and Order that denies the Complainant’s Exceptions and adopts the ALJ’s Initial Decision.  This matter has been postponed until Public Meeting of March 11, 2010.

1. United Telephone Company of PA d/b/a Embarq PA and Embarq Comm, Inc., 2076038-OSA, A-2008-2076038.  Joint Application approved on 5/28/09, for the indirect transfer of control of The United Telephone Company of Pennsylvania d/b/a Embarq PA and Embarq Comm., Inc. (collectively CenturyLink) to CenturyTel, Inc. (CenturyTel).  The Commission, however, reserved the right to incorporate additional merger conditions mirroring those subsequently established by the FCC.  On 6/25/09, the FCC issued its decision approving the transfer of control and imposing conditions thereon.  On 11/25/09, the Commission issued a Tentative Order proposing the incorporation of certain FCC conditions in this Commission’s approval of the transfer of control in PA.  Comments were submitted by CTI Networks, the Broadband Cable Association of Pennsylvania (BCAP), and CenturyLink.  Reply Comments were submitted by the OSBA, BCAP and CenturyLink.  Staff recommends that the Commission adopt the proposed Opinion and Order, which adopts the conditions proposed in the Tentative Order.  Statement of Vice Chairman Christy is attached.  Vote of 5-0 with no further discussion.

1. Digital 833 Chestnut LLC vs. Philadelphia Gas Works, 2076235-OSA,
   C-2008-2076235, C-2008-2076610, C-2008-2076623.  Formal Complaint filed on 11/19/08, seeking reimbursement for amounts paid after its agent failed to remit payments on its behalf.  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 recommends that the Commission adopt the proposed Opinion and Order which:  (1) denies Digital 833’s Exceptions; and, (2) adopts the Initial Decision as the action of the Commission.  This matter has been postponed until Public Meeting of February 25, 2010.  This matter has been postponed until Public Meeting of March 11, 2010.

1. Digital 833 Chestnut, LLC vs. PECO Energy Company.  Formal Complaint filed on 11/19/08, seeking reimbursement for amounts paid after its agent failed to remit payments on its behalf.  On 6/16/09, PECO filed a Motion to Dismiss the Complaint.  Digital 833 filed an Answer thereto.  In his Initial Decision, ALJ Koster granted PECO’s Motion Digital 833 filed Exceptions to the Initial Decision and PECO filed Reply Exceptions.  Staff recommends that the Commission adopt the proposed Opinion and Order which denies Digital 833’’s Exceptions and adopts the Initial Decision.  This matter has been postponed until Public Meeting of February 25, 2010.  This matter has been postponed until Public Meeting of March 11, 2010.

1. Digital 833 Chestnut, LLC vs. UGI Gas, 2076623-OSA, C-2008-2076623,
   C-2008-2076235, C-2008-2076610.  Formal Complaint filed on 11/19/08, seeking reimbursement for amounts paid after its agent failed to remit payments on its behalf.  On 5/26/09, UGI filed a Motion to Dismiss the Complaint.  Digital 833 filed an Answer thereto.  In his Initial Decision, ALJ Koster granted UGI’s Motion Digital 833 filed Exceptions to the Initial Decision and UGI filed Reply Exceptions.  Staff recommends that the Commission adopt the proposed Opinion and Order which denies Digital 833’’s Exceptions and adopts the Initial Decision.  This matter has been postponed until Public Meeting of March 11, 2010.

1. The ARC of Chester County, 2139403-OSA, P-2009-2139403, A-00123938.  Petition to Amend Contract Carrier Authority filed on 10/7/09, seeking to amend its authority by replacing the entity to which it contracts transportation services from the Chester County Department of Mental Health and Mental Retardation to the Commonwealth of Pennsylvania.  On 10/27/09, Krapf’s Coaches, Inc., the sole Protestant in the initial Application proceeding, filed an Answer to the Petition.  Staff recommends that the Commission adopt the proposed Opinion and Order, which grants the Petition.  Vote of 5-0 with no discussion.

BUREAU OF FIXED UTILITY SERVICES

1. Columbia Gas of PA, Inc., 2143273-FUS, A-2009-2143273, G-2009-2143275, A-2010-2154634.  Application filed on 11/13/09, for approval to sell accounts receivables to a to-be-formed wholly-owned subsidiary; for the acquisition of all the capital stock of the to-be-formed subsidiary; and, the approval of related affiliated interest agreements.  Staff recommends that the Commission approve the application consistent with the proposed Order.  Dissenting Statement of Commissioner Gardner is attached.  Vote of 4-1 with no further discussion.

1. Aqua Pennsylvania, Inc., 2149810-FUS, A-2009-2149810.  Application filed on 12/22/09, for approval to begin to offer, render, furnish and supply water service to the public in additional portions of Kingston Township, Luzerne County.  Staff recommends that the Commission adopt the proposed Order that approves the Application.  Vote of 5-0 with no discussion.

LAW BUREAU

1. Proposed Rulemaking, 2044821-Law, L-2008-2044821.  Withdrawal of Advance Notice of Proposed Rulemaking for Revisions of 52 PA Code, Chapter 57 Pertaining to Adding Neutral Connection Inspection, Maintenance, Repair, and replacement Standards for Electric Distribution Companies.  Staff recommends that the Commission adopt the Order that discontinues the rulemaking proceeding.  Statement of Chairman Christy is attached.  Vote of 5-0 with no further discussion.

OFFICE OF ADMINISTRATIVE LAW JUDGE

1. Randy & Linda King v. Met-Ed, 2038418-ALJ, C-2008-2038418.  Formal Complaint filed on 4/22/08, alleging Met-Ed will not continue to maintain the Complainants’ outdoor lighting located near their residence.  Met-Ed filed an Answer with New Matter on 5/20/08 requesting mediation.  A hearing was held on 5/21/09.  Staff reviewed and advised that the Commission adopt ALJ Salapa’s Initial Decision denying the complaint.  Motion of Pizzingrilli that the formal Complaint be dismissed as moot, that the OSA prepare an Opinion and Order consistent with the Motion and that this docket be closed, is attached.  Vote of 5-0 with no further discussion.

1. Birch Acres Water Works, Inc., 2110093-ALJ, R-2009-2110093.  Supplement No. 1 to Tariff Water - Pa. P.U.C. No. 10, filed on 7/2/09, to become effective 9/1/09, which is calculated to produce additional revenue and which is based on the experienced level of operations in the 12-months ended 12/31/08.  Under 66 Pa. C.S. §1308(d), the tariff supplement was suspended by operation of law until 4/1/10.  This date was then voluntarily postponed to 6/1/10 for the parties to resolve the matter through mediation.  On 12/11/09, the parties submitted a Joint Petition and an Addendum to Joint Petition for Settlement.  Staff reviewed and advised that the Commission adopt ALJ Nguyen’s Recommended Decision approving the Joint Petition for Settlement.  Vote of 5-0 with no discussion.

CARRY-IN AGENDA

OFFICE OF SPECIAL ASSISTANTS

1. Metropolitan Edison Co., Pennsylvania Electric Co., Penn power Company, 2092222-OSA, M-2009-2092222, M-2009-2112952, M-2009-2112956.  EE&C Plan filed on 7/1/09.  By Order entered 10/28/09, the Commission approved in part and rejected in part the Plans.  FirstEnergy filed Revised Plans on 12/2/09.  By Order entered 1/28/10, the Commission approved in part and rejected in part the Revised Plans.  FirstEnergy filed Second Revised Plans on 2/5/10.  The only comments that were filed have been withdrawn.  Staff recommends that the Commission adopt the proposed Opinion and Order, which approves the Second Revised Plans.  Commissioner Gardner commended FirstEnergy on its timely filings.  Vote of 5-0 with no further discussion.

1. Citizens Electric Co. of Lewisburg and Wellsboro Electric Co., 2110780-OSA, P-2009-2110780, P-2009-2110798.  Joint Default Service Plan for the period from 6/1/10 through 5/31/13.  Staff recommends that the Commission adopt the proposed Opinion and Order which approves the Joint Default Service Plan as further modified by the Opinion and Order.  The Statements of Chairman Cawley, Vice Chairman Christy and Commissioner Powelson are attached.  Vote of 5-0 with no further discussion.

COMMISSIONERS

1. Motion of Commissioner Powelson, C-0004.  Electric Distribution Companies Code of Conduct.  Motion of Commissioner Powelson that the Commission issue an advance notice of proposed rulemaking order to consider amendments to the Competitive Safeguards Regulations at 52 Pa. Code 54.121 - 123 consistent with this Motion, is attached.  Vote of 5-0 with no further discussion.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, MARCH 11, 2010 AT 9:00 A.M.

* Denotes Order