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Highlights: PA PUC Public Session of March 11, 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 March 11, 2010 Public Meeting of the Pennsylvania Public Utility Commission (“Commission”), the Commissioners adopted Staff’s recommendations for action by a vote of 4-0 (with the vacant seat left by former Commissioner Pizzingrilli) 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 25, 2010 at 10:00 a.m. The minutes of the Public Meeting of February 11, 2010, were, by a vote of 5-0, approved without modification.
BUREAU OF TRANSPORTATION & SAFETY
- All matters approved as submitted.
BUREAU OF AUDITS
- Pine Roe Natural Gas, Co., 2094771-AUD, D-2009-2094771. Report on the Gas Cost Rate for the twelve months ended 8/31/08, 8/31/07 and 8/31/06. Staff recommends the Commission approve the Audit Report for public release. This matter has been postponed until Public Meeting of March 25, 2010.
- Dominion Peoples d/b/a Peoples Natural Gas, 2149012-AUD, D-2009-2149012. Focused Management and Operations Audit. Staff recommends the Commission make the Audit Report and Implementation Plan Public. Statement of Vice Chairman Christy is attached. Vote of 4-0 with no further discussion.
OFFICE OF SPECIAL ASSISTANTS
- Shryock Brothers Inc. vs. Uwchlan Township, 1200874-OSA, C-20066648. Request for an Extension filed on 2/5/10 by Uwchlan Township, seeking an extension of time within which to provide notice that all necessary approvals have been obtained to provide service to the Shryock Brothers, Inc., property. Staff recommends that the Commission adopt the proposed Order which grants the requested extension. Vote of 3-0 with Commissioner Powelson recusing himself.
- Melissa Randall vs. PECO, 2065525-OSA, F-2008-2065525. Formal Complaint filed on 9/19/08, 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. Motion of Vice Chairman Christy that the Initial Decision of Administrative Law Judge Fordham be modified in accordance with this Motion, the Exceptions be denied and that the OSA prepare an Opinion and Order consistent with this Motion, is attached. Vote of 4-0 with no further discussion.
- 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. The Motion of Commissioner Powelson that the Initial Decision of Administrative Law Judge Koster is reversed consistent with this Motion, the matter be remanded to the OALJ for further proceedings and the OSA prepare an Opinion and Order consistent with this Motion. Vote of 4-0 with Vice Chairman Christy concurring in result only.
- 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. The Motion of Commissioner Powelson that the Initial Decision of Administrative Law Judge Koster is reversed consistent with this Motion, the matter be remanded to the OALJ for further proceedings and the OSA prepare an Opinion and Order consistent with this Motion. Vote of 4-0 with Vice Chairman Christy concurring in result only.
- 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 25, 2010.
- West Penn Power Co. d/b/a Allegheny Power, 2094773-OSA, M-2009-2094773, L-00040167. Petition for Appeal from Action of Staff Concerning Waiver Request of Frequency of Substation Inspections filed on 1/11/10, requesting waiver of the requirement that substations be inspected at intervals of five weeks. Staff recommends that the Commission adopt the proposed Opinion and Order, which denies the Petition. This matter has been postponed until Public Meeting of March 25, 2010.
BUREAU OF FIXED UTILITY SERVICES
- All matters approved as submitted.
LAW BUREAU
- West Penn Power Co. d/b/a Allegheny Power, 2155552-LAW, P-2010-2155552. Petition filed on 1/26/10, requesting extensions of time within which to file its Customer Assistance Program Evaluation for the prior six years and its Universal Service Program design update for 2011, 2012, and 2013. Allegheny Power subsequently requested the dates be extended to August 1, 2010, and November 1, 2010, respectively. Staff recommends that the Commission adopt the Order granting the extensions. Dissenting Statement of Commissioner Gardner is attached. Vote of 3-1 with no further discussion.
OFFICE OF ADMINISTRATIVE LAW JUDGE
- CSX Transportation, Inc., 1158663-ALJ, A-00117525. Application filed on 2/6/01 for the alteration of 12 at-grade and 3 separated crossings by the removal of a single track in the townships of Antrim, Quincy and Guilford, in Franklin County. The parties settled, and an order was issued directing the disposition of each of the crossings. On 3/16/06, CSXT filed a Petition to Amend the Order, stating that it had not removed the tracks at Crossings 6 and 7 and asked that the Order reflect the change. Quincy Township contested the requested action due to substandard clearance beneath the railroad bridge, and litigation ensued regarding Crossings 6 and 7 only. The parties came to an amicable resolution regarding Crossing 7, and only the disposition of Crossing 6 is contested. Commission staff reviewed and advised that the Commission adopt ALJ Colwell’s Recommended Decision indicating that no safety issue exists at Crossing 6 and that the work be done at Crossing 7. Statement of Chairman Cawley is attached. Vote of 4-0 with no further discussion.
CARRY-IN AGENDA
OFFICE OF SPECIAL ASSISTANTS
- All matters approved as submitted.
COMMISSIONERS
- Joint Motion of Vice Chairman Christy and Commissioner Powelson, C-0005. Marcellus Shale En Banc - There will be an en banc hearing held on April 22, 2010. Vote of 4-0 with no further discussion.
NO ANNOUNCEMENTS
NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, MARCH 25, 2010 AT 10:00 A.M.
* Denotes Order
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