Highlights: PA PUC Public Session of April 22, 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 April 22, 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, May 6, 2010 at 1:00 p.m.  The minutes of the Public Meeting of March 25, 2010, were, by a vote of 4-0, approved without modification.

BUREAU OF TRANSPORTATION AND SAFETY

1. All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

1. Meadville Area Ambulance Service, 2053106-OSA, A-2008-2053106,
   A-6410299.  Application filed 8/28/08, seeking to provide paratransit service from points in Crawford County, to points in PA, and return.  Notice was published in the PA Bulletin on 9/13/08.  No protests were filed.  By Order entered 12/22/08, the Application was approved, subject to the requirement that the Applicant file a tariff and proof of insurance within 60 days.  By Secretarial Letter dated 3/24/09, the Application was dismissed for non-compliance for failure to file evidence of insurance with the Commission.  On 2/19/10, the Petitioner filed a Petition to Reinstate Application.  The Bureau of Transportation and Safety did not file an Answer to the Petition.  Staff recommends that the Commission adopt the proposed Opinion and Order, which denies the Petition.  Dissenting Statement of Vice Chairman Christy is attached.  Vote of 3-1 with no further discussion.

1. PPL Electric Utilities Corporation, A-2009-2082652, A-2009-2082832,
   A-2009-2088297, A-2009-2088337, A-2009-2088327, A-2009-2088340, A-2009-2088312, A-2009-2088360.  ALJ Colwell issued a Recommended Decision in this matter. On 2/12/10, the Commission entered an Opinion and Order modifying the Decision approving the Application and granting the exercise of the power of eminent domain subject to the conditions set forth in the Order. On 3/1/10, the OCA filed a Petition for Reconsideration or Clarification. On 3/9/10, PPL filed an Answer. On 3/11/10, the Commission adopted an Opinion and Order, subsequently entered 3/12/10, granting the Petition pending further review and consideration on the merits.  Staff recommends that the Commission adopt the proposed Opinion and Order which denies the Petition for Reconsideration or Clarification.   Vote of 3-1 with Vice Chairman Christy dissenting.  The Dissenting Statement is attached. 

1. Clean Treatment Sewage Co., 2121928-OSA, R-2009-2121928, C-2009-2125411, C-2009-2129279, C-2009-2131987, C-2009-2132065.  Supplement No. 12 filed on 6/29/09, which proposed a rate increase of $221, 317 or 72/7%.  Twenty-one customers filed Formal Complaints but eighteen of those customers withdrew their complaints and chose to be represented by OCA, which filed a Formal Complaint on 8/19/09.  The OTS filed a Notice of Appearance on 9/28/09.  Two public input hearings were held on 1/6/10 through 1/8/10 in Scranton.  On 3/2/10, ALJ Jandebeur issued a Recommended Decision that CTSC be permitted to increase its rates by $78,526.  Exceptions were fled by CTSC and the OCA on 3/16/10.  Reply Exceptions were filed by CTSC, the OCA and the OTS on 3/23/10.  Staff recommends that the Commission adopt the proposed Opinion and Order that modifies the ALJ’s Recommended Decision.  Vote of 4-0 with no discussion.

BUREAU OF FIXED UTILITY SERVICES

1. AT&T Communications of PA, LLC, 2130384-FUS, R-2009-2130384.  Supplement No. 3 to Telecommunications Relay Service Tariff Pa. P.U.C. No. 24 filed on 9/10/09, for a rate increase in the session price per minute for providing intrastate relay service, to become effective 10/11/09.  By Secretarial Letter issued 9/21/09, Staff extended the effective date to 11/10/09.  The Company filed various voluntary postponements to further extend the filing until 4/19/10.  Staff recommends that the Commission adopt the proposed Order.  Joint Motion of Chairman Cawley and Vice Chairman Christy is attached, which moves that AT&T’s Tariff be suspended for a period not to exceed six months or until October 20, 2010 in accordance with 66 Pa. C.S. § 1308; that the Company shall file, or cause to be filed, the appropriate tariff suspension supplement; that the Company be given the alternative to file or cause to be filed within ten days after the entry of an Order, a revised tariff supplement which cancels or supersedes Supplement No. 3; and incorporates a base TRS rate equal to 92.452830% of the base rate requested in Supplement No. 3, if the Company files or causes to be filed, a revised tariff supplement in accordance with Moving Paragraph No. 3, then the revised tariff supplement is to become effective upon at least one day’s notice and the suspension will be terminated and the case will be marked closed; if the Company does not file a revised tariff supplement within ten days after the date of entry of an Order in this proceeding, then the matter will be referred to the OALJ for determination of the lawfulness, justness and reasonableness of the rates contained in the Company’s proposed Supplement No. 3, the conduct of the appropriate hearings as necessary, and the issuance of a Recommended Decision; that the Company shall timely and affirmatively cooperate with the PUC’s Bureau of Audits staff in correcting the cost support data deficiencies that have been identified in the context of this proceeding during the periodic audits of AT&T’s intrastate TRS operations in PA; and that the Company shall undertake the affirmative obligation to timely report to the PUC and seek adjustment to its intrastate TRS base rate to the extent that the derivation of that rate may be positively influenced by any potential reduction in intrastate operational costs, FUS with the assistance of the Law Bureau shall timely prepare the appropriate Order consistent with this Motion.  Statement of Vice Chairman Christy is attached.  Vote of 4-0 with no further discussion.

LAW BUREAU

1. Law Bureau Prosecutory Staff v. Finch Hill Water Co., Inc., 1180604-LAW,
   C-20031273, C-20026671, C-20031273.  Amended Formal Complaint filed on 11/20/90, regarding numerous violations of the Public Utility Code.  No Answer was filed.  Staff recommends that the Commission approve the Tentative Default Order that fines Finch Hill Water Company $77,000 in civil penalties for failure to comply with residential metering requirements, annual report requirements, etc.  This matter has been postponed until Public Meeting of June 16, 2010.

1. AT&T Communications of PA, LLC, 2137972-LAW, P-2009-2137972,
   P-2009-2164470, P-2010-216472.  Joint Petitions filed on 10/9/09, requesting waivers of 52 Pa. Code § 53.58 and § 53.59 to permit detariffing of service to Enterprise and Large Business Customers.  The petitions are unopposed.  Staff recommends that the Commission approve the proposed Order.  This matter has been postponed until Public Meeting of May 6, 2010.

OFFICE OF ADMINISTRATIVE LAW JUDGE

1. Ace Check Cashing, Inc. v. Philadelphia Gas Works, 2056428-ALJ, C-2008-2056428.  Formal Complaint filed on 7/24/08, alleging a billing dispute.  On 8/28/08, PGW filed its answer.  Several hearing dates were scheduled and continued at the parties’ request.  On 6/24/09, a hearing was held.  Commission staff reviewed and advised that the Commission adopt ALJ Nguyen’s Initial Decision sustaining the complaint.  Motion of Commissioner Gardner that the Initial Decision be revised, the Complaint filed by Ace C heck Cashing, Inc. be dismissed, the Commission’s foreign load policy going forward be amended consistent with this Motion and that the OSA prepare an Opinion and Order consistent with this Motion, is attached.  The Dissenting Statement of Vice Chairman Christy is also attached.  Vote of 3-1 with no further discussion.

1. Lori and Peter Brickner v. PPL Electric Utilities, 2105583-ALJ, C-2009-2105583.  Formal Complaint filed on 5/4/09, alleging PPL’s intent to terminate the RTS rate is a violation of the Public Utility Code.  PPL filed its answer on 5/26/09, denying that it was discontinuing the RTS rate but qualified the denial by stating that litigation in several cases before the Commission has resulted in reduced benefit for 2010 and 2011.  An evidentiary Hearing was held on 11/16/09.  Commission staff reviewed and advised that the Commission adopt ALJ Colwell’s Decision denying the complaint insofar as it seeks a finding that the action of PPL constituted inadequate service.  Motion of Commissioner Gardner that the Initial Decision of ALJ Fordham be modified consistent with this Motion and the OSA prepare an Order consistent with this Motion, is attached.  Vote of 3-1 with Commissioner Powelson dissenting.

1. Jill Monahan v. Columbia Gas of PA, 2111417-ALJ, C-2009-2111417.  Formal Complaint filed on 5/21/09, alleging a billing dispute.  Columbia filed on 5/21/09, alleging a billing dispute.  Columbia filed its answer on 6/24/09.  On 9/10/09, a hearing was held by telephone.  Commission staff reviewed and advised that the Commission adopt ALJ Hoyer’s Initial Decision sustaining the complaint.  This matter has been postponed until Public Meeting of May 6, 2010.

1. Duquesne Light Company, 2135500-ALJ, P-2009-2135500.  Petition filed on 10/9/09, seeking approval of a Default Service Plan to provide default service to its customers from 1/1/11 – 5/31/13.  The OTS entered its appearance in this proceeding, while the OCA and the OSBA filed notices of intervention.  Citizen Power, Inc., Constellation Energy Commodities Group, Inc. and Constellation NewEnergy, Inc., Dominion Retail, Inc., Duquesne Industrial Intervenors, First Energy Solutions Corporation, and Retail Energy Supply Association intervened.  On 2/24/10, the parties filed a Joint Petition for Settlement of All Issues.  Commission staff reviewed and advised that the Commission adopt ALJ Corbett’s Recommended Decision approving the Joint Petition for Settlement of All Issues without modification.  This matter has been postponed until Public Meeting of May 20, 2010.

CARRY IN AGENDA

OFFICE OF SPECIAL ASSISTANTS

1. PECO Energy Company-Electric, 2123944-OSA, M-2009-2123944.  Petition of PECO Energy Company for Approval of its Smart Meter Technology Procurement and Installation Plan (Plan) filed on 8/14/09.  On 11/25/09, a Joint Petition for Partial Settlement was filed by PECO and 5 of the parties.  The 2 remaining parties filed statements of non-opposition.  On 1/28/10, ALJ Chestnut issued an Initial Decision which recommended that the Joint Petition and the Plan be approved.  OCA filed Exceptions on 2/17/10.  PECO, OSBA, and the Philadelphia Industrial Energy Users Group filed Reply Exceptions on 3/1/10.  Staff recommends that the Commission adopt the proposed Opinion and Order that denies the OCA’s Exceptions, adopts the Initial Decision, grants the Settlement Petition, and approves the Plan, as amended by the Settlement Petition.  Motion of Commissioner Powelson that the OSA prepare an Opinion and Order consistent with this Motion, is attached.  The Statement of Commissioner Gardner is attached.  Vote of 3-1 with Vice Chairman Christy dissenting.

1. Proposed Rulemaking – Amending Chapter 63 Regulations, 1199842-LAW, L-00070188, P-00062222.  By Order entered 10/17/07 and publish in the PA Bulletin on 2/9/08, the Commission opened a rulemaking to streamline the Commission’s review and approval for transfers of control of telecommunications carriers.  Comments and Reply Comments were submitted on 4/9/08 and 5/9/08, respectively.  IRRC suggested a working group.  The final submission of that working group was filed in 11/09.  Staff recommended that the Commission adopt the recommendation as final rules as consistent with the public interest and before expiration of the rulemaking on 5/8/10.  Vote of 4-0 with no discussion.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, MAY 6, 2010 AT 1:00 P.M.

* Denotes Order