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Highlights: PA PUC Public Session of May 30, 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 30, 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, June 21, 2007 at 10:00 a.m. The
minutes of the Public Meeting of April 24, 2007 were unanimously
approved without modification.
Bureau of Transportation and Safety
- All matters approved as submitted.
Bureau of Administrative Services
- Assessment Upon Local Exchange Telecommunications Companies , ADM-0003, M-00051882. Assessment Upon Local Exchange
Telecommunications Companies for the Broadband Outreach and Aggregation
Fund and the Education Technology Fund Billing for Fiscal Year
July 1, 2007 to June 30, 2008. Staff recommends that the
Commission approve the assessment. Vote of 4-0 with no
discussion.
Bureau of Consumer Services
- All matters approved as submitted.
Office of Special Assistants
- 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 was withdrawn.
- Verizon PA Inc. , OSA-0106*, C-008811727. Petition
for Modification of Consent Order. Comments were filed
by various Parties to the Commission’s December 26, 2006
Tentative Order. Staff recommends that the Commission’s
Tentative Order entered December 26, 2006 be made final,
as modified by the compromised Opinion and Order. This
matter was postponed until Public Meeting of June 21, 2007.
- Viking Energy of Northumberland , OSA-0115*, P-00052149. Petition
for Reconsideration of the Commission’s Order entered February
12, 2007 was filed. Answers were also filed by various
Parties. Staff recommends that the Commission deny the
Petition, consistent with the proposed Opinion and Order. Statement
of Chairman Holland supporting the denial of the Petition filed
by Viking Energy regarding ownership of alternative energy credits
under various existing non-utility-generator purchase power agreements. Chairman
Holland states, “when the EDCs have complied with the [Alternative
Energy Portfolio Standards Act]’s requirements, they and
their ratepayers should receive the appropriate credit . . .
.” Vice Chairman Cawley oral dissenting statement
that he would have granted the Petition. Vote of 3-1 with
no further discussion.
- Pennsylvania Public Utility Commission, Law Bureau Prosecutory
Staff v. North Pittsburgh Telephone Company (billing dispute) , OSA-0130*, M-00072011. On November 27, 2006, Prosecutory
Staff initiated an informal investigation of NPTC relative to
the over-billing of customers using TRS. After the informal
investigation, Prosecutory Staff and NPTC entered into discussions
which resulted in the proposed Settlement. Staff recommends
that the Commission issue the proposed Settlement Agreement for
Comment within 20 days from entry of the Opinion and Order. Vote
of 4-0 with no discussion.
- Lori Lucas v. Columbia Gas of Pennsylvania, Inc. (reimbursement
for costs) , OSA-0132*, C-20065830. On February 3, 2006,
Complainant filed a Formal Complaint against Columbia seeking
reimbursement for her costs in having her service line repaired
and her meter moved to the outside of her house. Columbia
filed an Answer on February 27, 2006. On April 13, 2006,
Columbia filed a Motion for Judgment on the Pleadings. ALJ
Weismandel issued an Initial Decision on May 15, 2006, granting
the Motion. On May 18, 2006, Complainant filed Exceptions. Staff
recommends that the Commission grant the Complainant’s
Exceptions; reverse the Initial Decision; and Remand the matter
to the OALJ, consistent with the proposed Opinion and Order. This
matter has been postponed until Public Meeting of June 21,
2007.
- PA PUC v. Columbia Gas of PA, Inc. , OSA-0135*, R-00072175. Petition
for Review and Answer to a Material Question and Request for
a Stay of the Proceedings to the Extent Necessary filed April
25, 2007 by the Independent Oil and Gas Association of PA ( IOGA),
seeing review of ALJ Salapa’s April 20, 2007 Order. Staff
recommends that the Petition be granted in part and denied in
part, consistent with the proposed Opinion and Order. Statement
of Vice Chairman Cawley encouraging IOGA to pursue its policies
regarding connection of local natural gas supplies to the system
of Columbia Gas of PA in a separate proceeding or future base
rate case and not in a 1307(f) proceeding. Vote of 4-0
with no further discussion.
- Core Communications, Inc. , OSA-0138*, A-310922F7003 et al.
and A-310922F0002 Am-A & Am-B. Petition for Arbitration
of Interconnection Rates, Terms and Conditions. Petition
Requesting Review and Answer to Material Question raised by ALJ
Weismandel’s April 4, 2007 Order. Staff recommends
that the Commission grant Core’s Petition and answer the
Material Question in the negative, reversing the April 4, 2007
Order which had stayed the Arbitration, consistent with the proposed
Opinion and Order. Vote of 4-0 with no discussion.
Bureau of Fixed Utility Services
- Recalculation of the Pennsylvania Telecommunications Relay
Service Surcharge , FUS-0425*, M-00900239F0015. Staff
recommends that the Commission adopt the proposed Order which
retains the current monthly residential and commercial surcharges
at $.08 and $.09, respectively. Vote of 4-0 with no discussion.
- CityNet Pennsylvania, Inc. , FUS-0435*, A-311281F0002 AMC. Application
filed January 4, 2006, for expanded authority to offer, render,
furnish, or supply telecommunications services as a Competitive
Local Exchange Carrier to the public in the service territory
of North Pittsburgh Telephone Company. Staff recommends
that the Commission adopt the proposed Order which grants the
application. Vote of 4-0 with no discussion.
- Interstate Gas Marketing, Inc. , FUS-1025*, A-125150. Application
filed December 12, 2006 for approval to offer, render, furnish,
or supply natural gas supply services to large commercial and
industrial customers in the service territory of The Peoples
Natural Gas Natural Gas Company, within the Commonwealth of Pennsylvania,
as an aggregator engaged in the business of supplying natural
gas services. Staff recommends that the Commission adopt
the proposed Order. Vice Chairman Cawley recused himself. Vote
of 3-0 with no further discussion.
- National Fuel Gas Distribution Corporation , FUS-1026*, R-00072288. Supplement
No. 70 to Tariff Gas-Pa. P.U.C. No. 9 filed April 3, 2007, proposing
a new service class “Daily Metered Large Manufacturing
Transportation Service” which is designed for transportation
customers who have an annual usage over 2 Bcf per year. Staff
recommends that the commission adopt the proposed Order. Statement
of Vice Chairman Cawley supporting the new service for the purpose
of providing natural gas distribution companies the competitive
tools for meeting the economic development needs of its customers
and confirming his satisfaction that 0.5% is a reasonable reduced
rate for lost and unaccounted for charges. Vote of 4-0
with no further discussion.
- The Newtown Artesian Water Company , FUS-1332*, P-00072261. Petition
filed March 30, 2007 for permission to use deferred cost accounting
and amortization in respect to certain well development costs. Staff
recommends that the Commission adopt the proposed Order. Vote
of 4-0 with no discussion.
- Laurel Pipe Line Company, L.P. , FUS-1333*, A-140000F0003. Application
filed April 11, 2007 for approval of the transfer, by sale, of
all the membership interests in MainLine Management LLC from
Carlyle/ Riverstone BPL Holdings II, L.P. to BGH GP Holdings
LLC, resulting in a new controlling interest in Laurel Pipe Line
Company, L.P. Staff recommends that the Commission adopt
the proposed Order. This matter was postponed until Public
Meeting of June 21, 2001.
Combined Bureau Agenda
- PPL Electric Utilities Corporation , FUS-1023*, OTS-0009, R-00072155. Supplement No. 54 to
Tariff Electric-Pa. P.U.C. No. 201, filed March 29, 2007, proposing
an annual increase in retail distribution rates of approximately
$83.6 million, effective June 1, 2007. FUS recommends
that the Commission institute an Investigation, noting that the
tariff is suspended by operation of law until January 1, 2008;
and that the case be referred to the Office of Administrative
Law Judge, consistent with the proposed Order. OTS recommends
that the Commission institute an Investigation, and allow the
filing to be suspended by operation of law for a period fo seven
months, or through January 1, 2008. Chairman
Holland moves to adopt the FUS recommendation and to adopt
the OTS recommendation to the extent consistent with the FUS
recommendation. Vote
of 4-0 with no further discussion.
Law Bureau
- D&E Systems , L-0052*, M-00021635F0052. Request
for One Block of 1,000 Telephone Numbers on the 717 Area Code. Staff
recommends that the 1K block in the 717 NPA be assigned to D&E
for use by the specific customer and that Neustar Pooling Administration
assign the 1K block within three business days of receipt of
D&E’s resubmission if its numbering request pursuant
to the proposed Order. Vote of 4-0 with no discussion.
- PECO Energy Company , L-0053*, P-00072272. Petition
for Temporary Waiver of Certain Standards and Billing Practices
of 52 Pa. Code § 56.1, et seq. Staff recommends
that the Commission grant the Petition, consistent with the proposed
Order. Statement of Chairman Holland supporting the majority
position and confirming that PECO must honor the word of its
counsel that if PECO enters into a long-month payment arrangement
[sic] for any customer who needs extra time to pay a long-month
bill, PECO will not consider such an arrangement to be a Chapter
14 payment arrangement. Vote of 4-0 with no further discussion.
Office of Administrative Law Judge
- Lancelot R. Ottley v. UGI Utilities, Inc.-Gas Division
(Complaint Appellant) , ALJ-0134*, F-02133916. On October 7, 2006,
a complaint/appeal was filed appealing a decision which the
Commission’s
Bureau of Consumer Services issued on September 19, 2006. On
January 5, 2007, an initial telephonic hearing was held. Commission
Staff reviewed ALJ Weismandel’s Initial Decision granting
the complaint/appeal. This matter was postponed until
Public Meeting of June 21, 2007.
- Julia Maye v. National Fuel Gas Distribution Corporation
(Complaint Appellant) , ALJ-0138*, F-02140445. On November 2, 2006,
a complaint/appeal was filed appealing a decision which the Commission’s
Bureau of Consumer Services issued on October 14, 2006. On
January 30, 2007, a telephonic hearing was held. Commission
Staff reviewed ALJ Salapa’s Initial Decision sustaining
the complaint and vacating the BCS decision. This matter
was postponed until Public Meeting of June 21, 2007.
- Shelina T. Thomas v. National Fuel Gas Distribution Corporation
(Complaint Appellant), ALJ-0138(, F-02144645. On October
10, 2006, a complaint/appeal was filed appealing a decision which
the Commission’s Bureau of Consumer Services issued on
September 19, 2006. On January 9, 2007, a telephonic hearing
was held. Commission Staff reviewed ALJ Corbett’s
Initial Decision granting the complaint, as amended, and vacating
the BCS decision. This matter was postponed until Public
Meeting of June 21, 2007.
- Luke Kelley v. Pennsylvania Electric Company , ALJ-0140*,
C-20066673. On August 3, 2006, a complaint was filed alleging
inadequate service. On February 7, 2007, a telephonic
hearing was held. Commission Staff reviewed ALJ Meehan’s
Initial Decision dismissing the complaint. This matter
was postponed until Public Meeting of June 21, 2007.
CARRY-IN AGENDA
- Trans-Allegheny Interstate Line Company
(Trail) , OSA-0141*, A-110172, et al. Petition to Intervene
and Request for Expeditious Commission Action filed by OTS on
May 24, 2007. Staff
recommends that the Commission grant the Petition, consistent
with the proposed Opinion and Order. Vote of 4-0 with
no further discussion. Chairman Holland orally noted, “ this
is a good use of our resources.”
ANNOUNCEMENTS:
- It was announced that the following people are retiring:
Judy Koch Carlson; ALJ Gesoff; ALJ Smolen
THE NEXT REGULAR MEETING IS SCHEDULED FOR TUESDAY, JUNE
21, 2007 AT 10:00 AM
*Denotes Order
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