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Highlights: PA PUC Public Session of May 10, 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 May 10, 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 Wednesday,
May 30, 2007 at 10:00 a.m. The minutes
of the Public Meeting of April 13, 2007 were unanimously approved
without modification.
Bureau of Transportation and Safety
- Columbia Taxi, LLC, TSM-0102*, A-00123117. Application for
the right to begin to transport, as a common carrier, by motor
vehicle, persons upon call or demand. Staff recommends that the
Commission adopt the proposed tentative order approving the application,
as amended and as further modified. Vote of 4-0 with no discussion.
Bureau of Audits
- All matters approved as submitted.
Office of Special Assistants
- Canadian National Railway (Bessemer & Lake Erie
Railroad Company) (Petition to Modify), OSA-0074*, M-00062007.
On February 21, 2007, PennDOT filed a Petition to Modify Secretarial
Letter, Regarding the Commission’s December 22, 2007 Secretarial
Letter which directed Canadian National Railway to conduct, at
its initial cost and expense, an in-depth inspection and load-rating
analysis for the subject bridge. Staff recommends that the Commission
deny the Petition consistent with the proposed Opinion and Order.
Motion of Commissioner Pizzingrilli is attached. In the Motion,
Commissioner Pizzingrilli moves that PennDot’s Petition
be denied in part and granted in part, pursuant to 52 Pa. Code § 5.423
(relating to Protective Orders), CN shall provide a copy of the
inspection report to all parties and the Commission’s Bureau
of Transportation and Safety, the parties receiving the inspection
report shall not provide access to the report to any other person
except as authorized by further Order of the Commission or a
presiding officer, the December 22, 2006, Secretarial Letter
issued in this matter remains in full force and effect to the
extent it is consistent with this Order, the Rail Safety Division
of the Bureau of Transportation & Safety, PennDOT and all
parties in this proceeding be served a copy of this Tentative
Order, this Protective Order shall be issued as a Tentative Order
and if no comments are filed within ten days of the entry date
of the Order, it shall become final and the OSA shall prepare
an order consistent with this Motion. Vote of 4-0 with no further
discussions.
- George Crawford v. National Fuel Gas Distribution Corporation
(Petition for Clarification) , OSA-0093*, C-20066348. On May
8, 2006, NFG filed a Complaint with the Commission appealing
the April 26, 2006 Informal Decision which granted the Respondent
a payment arrangement. By Initial Decision issued on October
26, 2006, ALJ Hoyer sustained NFG’s Complaint and vacated
the BCS Informal Decision. No Exceptions were filed to the Initial
Decision and on December 1, 2006, the Initial Decision became
final. On December 8, 2006, NFG filed a Petition for Clarification.
Staff recommends that the Commission adopt the proposed Opinion
and Order which grants the Petition for Clarification and reverses
the Commission’s Order of December 1, 2006. This matter
is postponed until Public Meeting of May 30, 2007.
- Bentleyville Communications Corporation and Cellco Partnership,
d/b/a Verizon Wireless , OSA-0098*, A-310489F7009. Joint Petition
filed on April 4, 2007, for Approval of an Interconnection Agreement.
No Comments have been received. Staff recommends that the Commission
adopt the proposed Opinion and Order granting the Joint Petition.
Vote of 4-0 with no discussion.
- Denver and Ephrata Telephone and Telegraph Company and
Service Electric Telephone Company, LLC , OSA-0109*, A-310651F7006. Joint
Petition filed on March 20, 2007, for Approval of an Interconnection
Agreement. No Comments have been received. Staff recommends that
the Commission adopt the proposed Opinion and Order granting
the Joint Petition. Vote of 4-0 with no discussion.
- PPL Electric Utilities Corporation , OSA-0111*, P-00062227.
Petition for Approval of a Competitive Bridge Plan, filed August
2, 2006. ALJ Chestnut issued a Recommended Decision on February
23, 2007 approving the Petition. Exceptions and Reply Exceptions
were filed by various Parties. Staff recommends that the Revised
Competitive Bridge Plan, as modified, be approved, consistent
with the proposed Opinion and Order. Motion by Vice Chairman
Holland advising that the OSA draft an appropriate order consistent
with his motion is attached. Statement by Chairman Holland in
which he asserts that he will not be voting to adopt PPL’s
program nor the Vice Chairman’s proposed improvements which
modify the Bridge program. Chairman Holland noted that he was
very disappointed with PPL’s lack of commitment to demand-side
management initiatives and rates and that he simply does not
like the plan and will not vote to approve. Commissioner Fitzpatrick
made an oral statement noting that he supports Vice Chairman
Cawley’s motion and appreciates the parties’ willingness
to work together, and also appreciates the flexibility in achieving
competition set for under the plan. He further noted that although
the plan is not perfect, but it is the best one under the circumstances.
Vote of 3-1 with Chairman Holland dissenting.
- Buffalo Valley Telephone Company and Service Electric Telephone
Company, LLC , OSA-0112*, A-310651F6014. Joint Petition filed
on March 20, 2007, for Approval of an Interconnection Agreement.
No Comments have been filed. Staff recommends that the Commission
adopt the proposed Opinion and Order granting the Joint Petition.
Vote of 4-0 with no discussion.
- Conestoga Telephone and Telegraph Company and Service Electric
Company, LLC , OSA-0113*, A-310651F7015. Joint Petition filed
on March 20, 2007, for Approval of an Interconnection Agreement.
No Comments have been received. Staff recommends that the Commission
adopt the proposed Opinion and Order granting the Joint Petition.
Vote of 4-0 with no discussion.
- Equitable Resources, Inc. and The Peoples Natural Gas Company,
d/b/a Dominion Peoples (Joint Application) , OSA-0119R*, A-122250F5000.
On April 13, 2007, The Commission entered its Opinion and Order
which resolved the issues raised by this proceeding and approved
the Application. On April 23, 2007, the OSBA filed a Petition
for Reconsideration of the Commission’s April 13, 2007
Opinion and Order. Staff recommends that the Commission adopt
the proposed Opinion and Order which provides clarification of
the April 13, 2007 Opinion and Order. Vote of 4-0 with no discussion.
Bureau of Fixed Utility Services
- Q Water Company, Inc., and Q Wastewater Company, Inc. , FUS-0819*,
A-210115 and A-230098. Applications filed July 3, 2003 for approval
of the right to offer, render, furnish, or supply water and wastewater
service to the public in portions of Providence and East Drumore
Townships, Lancaster County. Staff recommends that the Commission
adopt the proposed Order. This case was withdrawn by the Bureau
of Fixed Utility Services.
- Jackson Sewer Corporation , FUS-0825 R*, A-230180F2000. Application
filed March 7, 2007 for approval of the abandonment or discontinuance
of sewer service to the public within Jackson Township, York
County, PA. Staff recommends that the Commission adopt the proposed
Order. Vote of 4-0 with no discussion.
- Aqua Pennsylvania, Inc. , FUS-1330*, S-00071188. Securities
Certificate filed April 2, 2007 for the issuance of Unsecured
Notes in a principal amount not in excess of $2,132,180 to be
issued in one or more series. Staff recommends that the Commission
adopt the proposed Order.
Combined Bureau Agenda
Law Bureau
- Policies to Mitigate Potential Electricity Price Increases , L-0038*, M-00061957. A Tentative Order was issued for Public
Comments on February 12, 2007. Staff recommends that the Final
Order be issued. Motion by Commissioner Fitzpatrick advising
the Commission to conduct a statewide consumer education campaign
consistent with the Motion and that the Law Bureau make the
necessary changes in the proposed Final Order is attached. Oral
Statement by Vice Chairman Cawley in which he seconds and supports
the Motion of Commission Fitzpatrick. Oral Statement by Commissioner
Pizzingrilli in which she noted that she supports Commissioner
Fitzpatrick’s Motion. Concurring and Dissenting Statement
by Chairman Holland in which he agrees with the majority except
with regard to two state-wide consumer education campaign issues
is attached. Vote of 4-0 with no further discussion.
- Rulemaking Re: Electric Distribution Companies’ Obligation
To Serve Retail Customers At The Conclusion Of The Transition
, L-0043*, L-00040169. Pursuant to 66 Pa.C.S. § 2807(E)(2).
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.
Vote of 4-0 with no discussion.
- Default Service and Retail Electric Markets , L-0044*, M-00072009.
Staff recommends that Commission adopt the Final Policy Statement,
to be published in the Pennsylvania Bulletin. Vote of
4-0 with no discussion.
[Note: At the conclusion of this section, each Commissioner
thanked Shane Rooney and other staff involved for their hard
work and commended them on a job well done with regard to the
policies and rulemaking of electric companies and regulations
pertaining thereto.]
Office of Administrative Law Judge
- Chermaine Markle v. National Fuel Gas Distribution Corporation
(Complaint-Appellant), ALJ-0133*, F-02138825. On May 12,
2006, a Complaint/Appeal was filed appealing a Decision which
the Commission’s
Bureau of Consumer Services issued on October 14, 2006. On
February 8, 2007, a telephonic hearing was held. Staff Commission
reviewed ALJ Gesoff’s Initial Decision dismissing the
Complaint as moot. Vote of 4-0 with Vice Chairman Cawley concurring
in result only.
- Pennsylvania Public Utility Commission, et al v. Reynolds
Disposal Company , ALJ-0135*, R-00061492, et al. On July 31,
2006, Reynolds filed Supplement No. 40 to Sewage-Pa. P.U.C. No.
3 to become effective September 29, 2006, containing proposed
changes in rates, rules and regulations calculated to produce
$278,969.00 in additional revenues. The Commission suspended
the effective date until April 29, 2007. As a result of mediation,
the effective date was voluntarily extended to June 28, 2007.
A Joint Petition for Settlement was filed on March 1, 2007. Staff
reviewed ALJ Nemec’s Recommended Decision approving the
Settlement. Vote of 4-0 with no discussion.
CARRY-IN AGENDA
- Commonwealth Telephone Company and RCN Telecom Services ,
OSA-0110*, A-310554F7003. Joint Petitions for Approval of an
Interconnection Agreement Under Section 252(e) of the Telecommunications
Act of 1996, filed April 11, 2007, with an Addendum being filed
on May 8, 2007. Staff recommends that the Commission grant the
Joint Petition, consistent with the proposed Opinion and Order.
Vote of 4-0 with no discussion
ANNOUNCEMENTS:
- Chairman Holland stated that May 30, 2007 is the next public
meeting and that, in light of the Memorial Day holiday, the relatives
of the fallen heroes should be remembered.
- Employee Recognition Day was announced, and a standing ovation
was given for all employees of the State who work for the Commission.
- Commissioner Fitzpatrick announced that it was Brad Bingaman’s
last session meeting as he is leaving his position and taking
a job with FirstEnergy. Vice Chairman Cawley and Commission Pizzingrilli
joined Commissioner Fitzpatrick and Chairman Holland in wishing
him the best and thanking him for his years of service to the
Commission.
THE NEXT REGULAR MEETING IS SCHEDULED FOR TUESDAY, MAY
30, 2007 AT 10:00 AM
*Denotes Order
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