Highlights: PA PUC Public Session of October 28, 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 October 28, 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, November 10 at 10:00 a.m.  The minutes of the Public Meeting of September 22, 2011, were, by a vote of 5-0, approved without modification.

MAIN AGENDA

BUREAU OF TECHNICAL SERVICES & BUREAU OF INVESTIGATION & ENFORCEMENT (Transportation)

• All matters approved as submitted.

BUREAU OF AUDITS

• All matters approved as submitted.

BUREAU OF CONSUMER SERVICES

• Equitable Gas Co., 2111130-BCS, M-2009-2111130.  Revised Universal Service and Energy Conservation Plan for 2010-2012, filed on 9/13/10, in accordance with the Commission's regulations at 52 Pa. Code sections 62.1-62.8.  RECOMMENDATION:  that the Commission adopt the proposed Final Order, which approves Equitable's Plan.  Vote 5-0.

OFFICE OF SPECIAL ASSISTANTS

• John Peluso vs Pennsylvania Power Company, 2152607-OSA, F-2010-2152607.  Formal Complaint filed on 1/14/10, alleging, inter alia, that prior to the installation of a new transformer in 4/09, he was not receiving sufficient power. Mr. Peluso requested that he be reimbursed for overcharges on his electric bill and for the shortened life of his furnace motor, appliances and light bulbs. By Initial Decision issued 11/18/10, ALJ Dunderdale sustained the Complaint and directed that Penn Power recalculate the Complainant’s electric consumption and issue a corrected bill. Penn Power filed Exceptions on 12/8/10.  By Opinion and Order entered 7/14/11, the Commission granted the Exceptions in part, denied them in part, reversed the Decision. and dismissed the Complaint. On 7/20/11, Mr. Peluso filed a Petition for Reconsideration. Penn Power filed an Answer to the Petition on 8/22/11.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that denies the Petition for Reconsideration.  Vice Chairman Coleman’s Conflict’s Statement is attached.  Vote 5-0.

BUREAU OF TECHNICAL UTILTY SERVICES

• Fairpoint Business Services, LLC., 2259342-FUS, A-2011-2259342.  Application filed on 8/25/11, for approval to offer, render, furnish or supply telecommunication services as a Competitive Access Provider throughout PA. No protests were filed and no hearings were held.  RECOMMENDATION:  That the Commission approve the application consistent with the proposed Order.  Vote 5-0.

LAW BUREAU

• All matters approved as submitted.

OFFICE OF ADMINISTRATIVE LAW JUDGE

• Nehemiah Thomas vs PECO Energy Co., 2187197-ALJ, C-2010-2187197.  Formal Complaint filed 7/8/10, alleging PECO had overbilled him from 12/07 to 6/08 and that his electric bills should be between $10 and $15 a month. He asked that the Commission investigate PECO’s practice. PECO filed its answer 8/2/10. Hearings were held 4/4/11 and 7/22/11.  COMMISSION REVIEW:  That the Commission adopt ALJ Nguyen’s Initial Decision denying the complaint.  Vice Chairman Coleman’s Motion is attached.  Vote 5-0. 

• Peggy Robles vs. Service Electric Telephone, 2187832-ALJ, C-2010-2187832.  Matter was postponed from the 10/14/2011 Public Meeting.  Formal Complaint filed 7/13/10, alleging inadequate service. An Answer and a Preliminary Objection were filed 8/4/10.  COMMISSION REVIEW:  That the Commission adopt ALJ Salapa’s Initial Decision sustaining the Preliminary Objection and dismissing the complaint with prejudice for lack of jurisdiction.  Commissioner Cawley’s Concurring Statement in result only is attached.  Vote 5-0.

• Ethan Clay vs. Duquesne Light Company, 2226084-ALJ, C-2011-2226084.  Formal Complaint filed on 2/14/11, alleging improper termination of commercial electric service on 12/20/10 for nonpayment of bill. Duquensne filed its answer on 3/4/11. A hearing was held on 7/19/11.  COMMISSION REVIEW:  That the Commission adopt Judge Corbett’s Initial Decision granting the complaint, in part, to the extent it alleged Duquesne violated 52 Pa. Code §55.2(b) by failing to serve Complainant’s billing address with written notice of a proposed service termination.  The matter has been postponed to the 11/10/11 Public Meeting.

OFFICE OF ADMINISTRATIVE LAW JUDGE

• PECO Energy Company – Gas, 2239263-ALJ, R-2011-2239263.  The matter was postponed from the 10/14/2011 Public Meeting.  Pre-filing and definitive annual purchased gas cost filing, filed 4/29/11 and 5/27/11, respectively, pursuant to 52 Pa. Code §§53.64 and 53.65. This tariff supplement proposed to increase the PGC from $5.7395/Mcf to $6.6403/Mcf. PECO also filed a reconciliation of previously incurred expenses and revenues. On 8/16/11, a Joint Petition for Complete Settlement of Rate Investigation was filed.  COMMISSION REVIEW:  That the Commission adopt Judges Chestnut and Vero’s Recommended Decision approving the Settlement without modification.  Commissioner Witmer’s and Commissioner Cawley’s Statements are attached.  Vote 5-0.

CARRY-IN AGENDA

OFFICE OF SPECIAL ASSISTANTS

• West Penn Power Company, 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, and directed West Penn to file a revised Plan within 60 days. West Penn filed its Revised Plan on 12/21/09. By Order entered 3/1/10, the Commission approved in part and rejected in part the revised Plan. On 4/29/10, West Penn submitted its Amended Plan. By Order entered 6/23/10, the Commission approved West Penn’s Amended Plan. On 9/10/10, West Penn filed its Second Amended Plan. By Order entered 1/13/11, the Commission approved West Penn’s Second Amended Plan as modified by the Joint Stipulation.  On 8/9/11, West Penn filed Petitions. On 9/12/11, the following Parties filed Comments to the Petitions: West Penn Power Industrial Intervenors; Pennsylvania Communities Organizing for Change; the Office of Consumer Advocate; and the Pennsylvania State University.  RECOMMENDATION:  That the Commission adopt the proposed Interim Opinion & Order that rules on certain issues and refers the other issues to the OALJ for the scheduling of such proceedings as may be necessary and the issuance of a Recommended Decision on an expedited basis.  Commissioner Witmer’s Statement is attached.  Vote 5-0.

BUREAU OF TECHNICAL UTILITY SERVICES

• All matters approved as submitted. 

LAW BUREAU

• All matters approved as submitted.

NO ANNOUNCEMENTS

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

* Denotes Order