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Highlights: PA PUC Public Session of March 22, 2007
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 22, 2007 Public Meeting of the Pennsylvania Public Utility Commission (“Commission”), the Commissioners adopted Staff’s recommendations for action by a vote of 4-0 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 to the original of this Session Memo filed in the Public Meeting Agenda and Session Memo binder. The next regular Public Meeting is scheduled for Thursday, April 13, 2007 at 10:00 a.m. The minutes of the Public Meeting of February 8, 2007 were unanimously approved without modification.
Bureau of Transportation and Safety
- Sindy A. Condon, TSM-0074*, A-00122604. Application for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service. Staff recommends that the Commission adopt the proposed order approving the application, as amended. Vote of 4-0 with no discussion.
Bureau of Administrative Services
- All matters approved as submitted
Bureau of Audits
- Doris Anne Wilson v. Pennsylvania-American Water Company (billing dispute), OSA-0041*, C-20066331. On May 1, 2006, Complainant alleged incorrect charges on her bill. Complainant filed Exceptions to ALJ Smolen’s August 14, 2006 Initial Decision recommending that the Complaint be dismissed. Staff recommends that the Commission deny that the Complainant’s Exceptions, and adopt the ALJ’s Initial Decision, consistent with the proposed Opinion and Order. This case was postponed until Public Meeting of April 13, 2007.
- Verizon Pennsylvania Inc., Verizon North Inc., OSA-0048*, R-00051227, et al., R-00051228, et al. On December 13, 2006, ALJ Gesoff’s Recommended Decision was issued. Verizon and OSBA filed Exceptions on January 2, 2007. Reply Exceptions were filed by Verizon and OSBA on January 12, 2007. Staff recommends that the Commission grant the Parties’ Exceptions in part and deny them in part and adopt the AlJ’s Recommended Decision to the extent it is modified, consistent with the proposed Opinion and Order. Commissioner Cawley issued a written statement, which is attached. In this statement, he concurs in part and dissents in part to the Exceptions and Reply Exceptions to the Recommended Decision of ALJ Gesoff on the case involving the Chapter 30 2006 price change opportunity (“PCO”) and price stability mechanism (“PSM”) submissions made by the Verizon ILECs. In his statement, Cawley disagrees with the majority’s conclusion that certain of the rate safeguards in Verizon PA’s original Chapter 30 Plan were effectively amended or outright supersceded by Act 183 - the “new” Chapter 30 law - and this Commission’s approval of the Verizon PA Amended Plan. Vote of 4-0 with no further discussion.
Office of Special Assistants
- Application of Lifestar Ambulance, Inc., OSA-0061*, A-00122163. On September 8, 2006, Applicant filed a Petition for Reconsideration of Commission’s Secretarial Letter issued August 24, 2006. On September 13, 1006, Applicant filed a Petition for Appeal seeking identical relief requested in the Petition for Reconsideration. On September 18, 2006, Krapf’s Coaches, Inc. filed an Answer to the Petition for Reconsideration. On September 22, 2006, Krapf’s filed an Answer to the Petition for Appeal. Both Answers included Motions to Strike. On September 29, 2006, Applicant filed an Answer opposing Krapf’s Motion to Strike the Petition for Appeal. Staff recommends that the Commission adopt the proposed Opinion and Order which denies the Petitions and refers the Application to the Office of Administrative Law Judge. Vote of 4-0 with no discussion.
- Application of United Water Pennsylvania, Inc. (merger), OSA-0066*, A-210013F0017. On November 1, 2006, UWPA filed an Application requesting approval of the merger between Gaz de France and Suez SA. The Application was protested by the OSBA and the OCA. By Order issued on January 17, 2007, ALJ Weismandel stayed the proceeding until April 10, 2007, and certified two Material Questions to the Commission for interlocutory review. On February 5, 2007, UWPA, the OCA, and the OSBA each filed Briefs responsive to the Material Questions. Staff recommends that the Commission adopt the proposed Opinion and order which answers the Material Questions in the affirmative. Chairman Holland issues a written statement, which is attached, in which he discussed the fact that this is an interesting dilemma, which may be one of first impression to the Commission as it relates to intent of a foreign government, not a foreign private entity. He states that there are a range of questions raised by the fact that the controlling interest of one of the jurisdictional utilities may be a foreign government. Chairman Holland states he will submit questions for the parties to consider in this matter, and that he believes the Commission must maintain control over jurisdiction in this matter. Vote of 4-0 with no further discussion.
Bureau of Fixed Utility Services
- All matters approved as submitted.
Combined Bureau Agenda
- Commonwealth Telephone Company, L-0018*, P-00072252, P-00961024F1000, R-00072108. Petition for a Protective Order regarding its Price Stability Index/Service Price Index Report Filing for 2007. Staff recommends that the Commission grant in part and deny in part Commonwealth’s Petition for Protective Order, consistent with the proposed Order. Vote of 4-0 with no discussion.
- Commonwealth Telephone Company, FUS-0423*, P-009651024F1000. 2007 Annual Price Stability Index, Service Price Index, Deferred Change Index Reports and Associated Rate Increases. Staff recommends that the Commission permit the proposed increases to go into effect, consistent with the proposed Order. Vote of 4-0 with no discussion.
Law Bureau
- Final Rulemaking Regarding Revision to Chapter 67 of Title 52, L-0004*, L-00060177. Final Rulemaking Regarding Revision to Chapter 67 of Title 52 of the Pa. Code Pertaining to Service Outages. Staff recommends that the Commission adopt the FINAL RULEMAKING adopting regulations as set forth in the annex of the proposed Order, to be published in the Pennsylvania Bulletin. The case was postponed until Public Meeting of April 13, 2007.
- Columbia Gas of Pennsylvania, Inc., L-0028*, M-00051881. Petition for an Extension of Time to Complete its review of the Cost-effectiveness of its LIURP Program and to Submit its Findings in a Report to the Commission. Staff recommends that the Commission grant Columbia Gas’s request for an Extension of Time subject to the condition and penalty set forth in the proposed Order. Attached is the Motion of Commissioner Kim Pizzingrilli. In her Motion, the Commissioner indicates that she supports granting the Petition, but she does not believe that a penalty is warranted in this case. As such, she moved that Columbia’s petition requesting an extension of time is granted, that Columbia submit its findings and recommendations regarding the cost-effectiveness of its LIURP program to the Secretary with a copy to the Bureau of Consumer Services by April 2, 2007, and that the Law Bureau prepare an Order consistent with the Motion. Vote of 4-0 with no further discussion.
Office of Administrative Law Judge
- Avis Ellis v. Equitable Gas Company, ALJ-0125*, F-02101911. On October 4, 2006, a complaint was filed alleging a billing dispute. On October 31, 2006, Equitable filed its Answer and New Matter to the complaint. On January 9, 2007, a hearing was held. The Commission reviewed ALJ Colwell’s Initial Decision dismissing the complaint. Vote of 4-0 with no discussion.
- Jamie Arthur v. PECO Energy Company, ALJ-0128*, C-20067024. On October 26, 2006, a complaint was filed alleging a billing dispute. On November 28, 2006, PECO filed its answer. A hearing was held on January 18, 2007. The Commission reviewed ALJ Melillo’s Initial Decision dismissing the complaint with prejudice. Attached is the Motion of Commissioner Fitzpatrick. In his Motion, he indicates that based on the circumstances, he believes that the Complainant deserves the opportunity to have her day in court. Therefore, he moves that the Final Order entered November 8, 2006, at Docket No. C-200055376 is tentatively reconsidered, the Secretary’s Bureau shall serve the Respondent with copies of the Complainant’s two letter referenced above, comments to the Tentative Order shall be filed within ten days of the entry date, in the event that no adverse comments are filed, the Order shall become final without further action by the Commission, and the two cases involved in this matter shall be consolidated and remanded to the Office of Administrative Law Judge for appropriate action and that the Office of Special Assistants shall prepare a Tentative Order consistent with this Motion. Vote of 4-0 with no further discussion.
CARRY-IN AGENDA
- Verizon North Inc. and Verizon Pennsylvania Inc., OSA-0078*, R-00061914, et al, R-00061915, et al, P-00001854F1000 and P-00930715F1000. 2007 Price Change Opportunity Filing - Two Material Questions certified to the Commission by ALJ Melillo by Order dated March 13, 2007. Staff recommends that the Commission answer the Material Question, consistent with the proposed Opinion and Order. Vote of 4-0 with no further discussion.
ANNOUNCEMENTS:
- Today, March 22, 2007, is World Water Day.
- Kathy Gilson from the Bureau of Consumer Services has passed away.
- David Lewis from the Vice Chairman’s office and Robert Bennett from the Bureau of Conservation, Economics and Energy Planning are retiring.
- THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, APRIL 13, 2007 AT 10:00 AM
*Denotes Order
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