Highlights: PA PUC Public Session of March 31, 2011

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 17, 2011, 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 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, April 14 at 10:00 a.m.  The minutes of the Public Meeting of February 24, 2011, were, by a vote of 5-0, approved without modification.

MAIN AGENDA

BUREAU OF TRANSPORTATION & SAFETY

• All matters approved as submitted.

BUREAU OF AUDITS

• All matters approved as submitted.

BUREAU OF CONSERVATION ECONOMICS & ENERGY PLANNING

• All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

• Peoples Natural Gas Co., 2063737-OSA, A-2008-2063737.  Matter postponed from the 03/17/2011 public meeting.  Request for clarification of one of the provisions in its Settlement Agreement approved by the Commission in the Opinion and Order entered on 11/19/09.  No responsive pleadings were filed.  It is recommended that the Commission adopt, the Tentative Order which grants the Petition for Clarification, subject to comments.  Vote 5-0.

• Barbara Raitzky Vs Windstream Conestoga, Inc., 2138821-OSA, C-2009-2138821.  Formal Complaint filed on 10/19/09, alleging that rates for landline service were too high, that her local calling area was too small, and that her AT&T pre-paid phone card rates were too high. On 11/23/09, Conestoga filed an Answer and New Matter as well as Preliminary Objections. ALJ Salapa issued an Order Sustaining and Denying Preliminary Objections on 5/21/10. The matter was assigned to ALJ Weismandel for hearing on 7/28/10. On 11/16/10, the Commission issued ALJ Weismandel’s Initial Decision which dismissed the Complaint. Exceptions were filed by the Complainant on 12/13/10. Replies to Exceptions were filed by the Respondent on 1/24/11.  It is recommended that the Commission adopt the proposed Opinion and Order that denies the Exceptions and adopts the ALJ’s Initial Decision.  Vote 5-0.

• PPL Electric Utilities Corp., 2161694-OSA, R-2010-2161694, C-2010-2171967, C-2010-2174138, C-2010-2176959, C-2010-2174117, C-2010-2172723, C-2010-2171487, C-2010-2204823, C-2010-2179405, C-2010-2177233, C-2010-2187127.  Postponed from the 03/17/2011 Public Meeting.  Supplement No. 83 to Tariff—Electric Pa. P.U.C. No. 201 filed on 3/31/01, to become effective 6/1/10, subsequently suspended until 1/1/11.  On 12/16/10, the Commission entered its final Opinion and Order resolving all issues relative to PPL’s general rate increase filing.  On 1/5/11, PP&L Industrial Customer Alliance (PPLICA) filed a Petition for Reconsideration or, in the alternative, Rehearing or Reargument on the Donsco LP-4 SI Rate issue.  On 1/18/11, PPL filed its Answer to the Petition.  By Order entered 1/13/11, the Commission granted reconsideration pending review of the merits.  It is recommended that the Commission adopt the proposed Opinion and Order which denies the Petition.  Commissioner Cawley made a Motion, which is attached.  Vote 4-1, with Vice Chairman Coleman Dissenting.

BUREAU OF FIXED UTILITY SERVICES

• Aqua Pennsylvania, Inc., 2224275-FUS A-2011-2224275.  Application filed on 2/3/11, for approval to begin to offer, render, furnish and supply water service to the public in an additional portion of Coolspring Township, Mercer County.  It is recommended that the Commission adopt the proposed Order that approves the application.  Vote 5-0.

• TDS Telecom/Mahanoy & Mahantango and TDS Telecom/Sugar Valley Telephone, 2225792-FUS, P-2011-2225792, P-00961115F1000, P-00961116F1000.  2011 combined Price Index/Service Price Index filing.  No tariffs were filed.  It is recommended that the Commission adopt the proposed Order approving the filing.  Vote 5-0.

• Commpartners, LLC, 2228999-FUS, A-2011-2228999.  Application filed on 2/28/11, seeking the Commission’s approval of the Company’s Discontinuance and Abandonment of Competitive Local Exchange Carrier and Interexchange Carrier Services to the public within PA.  It is recommended hat the Commission adopt the proposed Order approving the application.  This matter was withdrawn by the Bureau of the Fixed Utility Services. 

LAW BUREAU

• West Penn Power Co., 2216111-LAW, P-2010-2216111.  Postponed from the 3/17/11 Public Meeting.  A severe winter storm in February 2010 over a period of days which caused it to incur approximately $15.5 million in recovery costs.  This amount does not include straight-time labor expense or capital costs.  West Penn requests that the Commission authorize it to defer these expenses for accounting purposes for recovery in a future base rate proceeding.  It is recommended that the Commission approve the proposed Order which grants the petition and states that approval of the deferral in no way guarantees recovery of these costs in a future rate proceeding.  Vote 5-0.
  

OFFICE OF ADMINISTRATIVE LAW JUDGE

• David E Moore Vs PECO, 2111161-ALJ, C-2009-2111161.  Formal Complaint filed on 5/28/09, alleging improperly refusal to change Complainant's rate from commercial, to residential service despite the conversion of his business to a residence. Complainant asked that a recalculation of his electric bill be made and a payment agreement be established. PECO filed its answer to the complaint on 6/24/09. A hearing was held on 10/29/09.  COMMISSION REVIEW:  That the Commission adopt ALJ Buckley’s Initial Decision dismissing the complaint.  Commissioner Gardner made a Motion, which is attached.  Vote 5-0.

• Tim Warrenfeltz Vs PPL Electric Utilities, 2143302-ALJ, C-2009-2143302.  Formal Complaint filed on 11/18/09, alleging that electric bills were excessive when considering the number of household members. PPL filed its answer to the complaint on 12/14/09. A hearing was held on 7/27/10.  COMMISSION REVIEW:  That the Commission adopt ALJ Melillo’s Initial Decision denying the complaint.  Vote 5-0, with a statement by Chairman Coleman.  His statement is attached.

• Robert T Moran Vs UGI Penn Natural Gas, 2149801-ALJ C-2009-2149801.  Formal Complaint filed on 12/23/09, alleging improper charges for service to a building he did not own.  Respondent filed its Answer and New Matter to the complaint on 1/19/10. The Complainant responded to the New Matter on 2/8/10. A hearing was held on 6/30/10.  COMMISSION REVIEW:  That the Commission adopt ALJ Jandebeur’s Initial Decision dismissing the complaint.  This matter is postponed until the Public Meeting of April 14, 2011.

• Jamie Elliott Vs PECO Energy Company, 2156422-ALJ, C-2010-2156422.  Formal Complaint filed on 2/4/10, alleging incorrect charges on the bill. On 3/1/10, PECO filed Preliminary Objection requesting more specifics regarding the matter. PECO requested that Complainant be ordered to amend the complaint with more specificity and PECO would then file an answer accordingly. The Complainant failed to file the requested amended complaint.  COMMISSION REVIEW:  That the Commission adopt ALJ Jones’ Initial Decision dismissing the complaint.  This matter is postponed until the Public Meeting of April 14, 2011.

CARRY-IN AGENDA

BUREAU OF TRANSPORTATION & SAFETY

• All matters approved as submitted.

BUREAU OF AUDITS

• All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

• All matters approved as submitted.
  

COMBINED BUREAU AGENDA

• CTC Communications Corp T/A One Communications, 2218761-OSA A-2011-2218761, A-2011-2218761, A-2011-2218763, A-2011-2218766, A-2011-2219868.  Joint Application filed on 12/23/01, for approval for the transfer of the indirect control of the ONE Entities to EarthLink. Core Communications filed a Petition to Intervene and Protest on 1/31/11. On 2/2/11, the Joint Applicants filed an Answer to the Petition and a Preliminary Objection to Core’s Protest Order. On 2/9/11, Core filed its Reply to New Matter and Answer to Preliminary Objections.  In an Initial Decision, issued 2/24/11, ALJ Colwell granted the Preliminary Objection, dismissed Core’s Protest, and referred the Application to the Bureau of Fixed Utility Services. On 2/28/11, the Joint Applicants filed a Motion for Expedited Consideration. On 3/7/11, Core filed Exceptions to the Initial Decision. The Joint Applicants filed Replies to Exceptions on 3/10/11.  It is recommended that the Commission adopt the proposed Opinion and Order.  Chairman Powelson made a Motion, which is attached.  Vote 5-0.

• CTC Communications Corp T/A One Communications, 2218761-FUS A-2011-2218761, A-2011-2218761, A-2011-2218763, A-2011-2218766, A-2011-2219868.  Joint Application filed on 12/23/10, for approval of a transfer of indirect control of CTC, Conversent, Lightship, and Choice One to EarthLink.  It is recommended that the Commission adopt the proposed Order which approves the transfer of indirect control of CTC, Conversent, Lightship, and Choice One to EarthLink.  Chairman Powelson made a Motion, which is attached.  Vote 5-0.

COMMISSIONERS OFFICE

• Met Ed & Penelec, 2233491-CMR, P-2009-2093053, P-2009-2093054.  Customer Education Plan Regarding Choice Education.  Commissioner Cawley made a Motion, which is attached.  Vote 5-0.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, APRIL 14, 2011 AT 10:00 A.M.

* Denotes Order