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Highlights: PA PUC Public Session of January 24, 2008
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 January 24, 2008 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 tentatively scheduled for Thursday, February 14, 2008 at 10:00 a.m. The minutes of the Public Meeting of December 20, 2007, were unanimously approved without modification.
Bureau of Transportation and Safety
- Karen Patterson, t/a Patterson Transportation Service, TSM-0010*, A-00123934. Application for the right to begin to transport as a common carrier by motor vehicle, persons in paratransit service, from points in the city of Philadelphia, to points in Pennsylvania and return. Staff recommends that the Commission approve the Application and reject the proffered restrictive amendment, consistent with the proposed Order. Vote of 3-1 with Commissioner Christy dissenting.
Office of Special Assistants
- Verizon Pennsylvania Inc. and Advanced Telephone Systems Inc. d/b/a HTC Communications, OSA-0033*, A-310478F7000. Joint Petition filed on November 13, 2007, for Approval of Amendment No. 1 to the Interconnection Agreement. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.
- Verizon Pennsylvania Inc. and D&E Systems, Inc., OSA-0059*, A-310738f7000. Joint Petition filed on November 13, 2007, for approval of Amendment No. 4 to the Interconnection Agreement. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.
- Verizon North Inc. and D&E Systems, Inc., OSA-0060*, A-310738F7001. Joint Petition filed on November 13, 2007, for Approval of Amendment No. 2 to the Interconnection Agreement. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.
- Verizon Pennsylvania Inc. and Penn Telecom, Inc., OSA-0075*, A-310074F7000. Joint Petition filed on November 13, 2007, for Approval of Amendment No. 3 to the Interconnection Agreement. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.
- Verizon North Inc. and Penn Telecom, Inc., OSA-0076*, A-310074F7001. Joint Petition filed on November 13, 2007, for Approval of Amendment No. 1 to the Interconnection Agreement. Staff recommends that the Commission adopt the proposed Opinion and Order granting the Joint Petition. Vote of 4-0 with no discussion.
- Sheryl R. Devaul v. Clarendon Water Company, (Alleged Poor Quality of Service) OSA-0083*, C-20067108. By Initial Decision issued April 13, 2007, ALJ Gesoff sustained the Complaint and determined Clarendon’s actions were negligent but did not warrant a penalty. The Commission modified the Initial Decision and entered a Tentative Opinion and Order on September 17, 2007, that sustained the Complaint, assessed a penalty against Clarendon and instituted an Investigation of Clarendon’s service. Clarendon filed Comments to the Tentative Opinion and Order on October 3, 2007. Staff recommends that the Commission adopt the proposed Opinion and Order that affirms the penalty and the institution of the Investigation. Vote of 3-1 with Commissioner Pizzingrilli dissenting. A copy of Commissioner Pizzingrilli's Dissenting Statement is attached.
Bureau of Fixed Utility Services
- Aqua Pennsylvania, Inc., FUS-0804*, A-210104F0085. Application filed October 16, 2007 for approval of the right to offer, render, furnish, or supply water service to the public in an additional portion of Edgmont Township, Delaware County. Staff recommends that the Commission adopt the proposed Order. Vote of 4-0 with no discussion.
- Community Energy, Inc., FUS-1000*, A-110152. Petition filed June 26, 2007, for a reduction in the Level of Security, required as an electric generation Supplier, pursuant to 52 Pa. Code §54.40(d). Staff recommends that the Commission adopt the proposed Order. This matter was withdrawn by the Bureau.
- West Penn Power Company, FUS-1001*, P-00072349, R-00072753, R-00072754. Supplement No. 135 to Tariff Electric-Pa. P.U.C. No. 37 and Supplement No. 180 to Tariff Electric-Pa. P.U.C. No. 39 filed November 19, 2007 to implement voluntary wind energy service riders. West Penn Power Company requests that the supplement become effective on less than 60 days notice. The supplements were voluntarily postponed until January 25, 2008. Staff recommends that the Commission adopt the proposed Order. Motion of Vice Chairman Cawley that the proposed Tariff Supplements be referred to the OALJ for evidentiary hearings and for a Recommended Decision, that the Petition for approval of the Tariff Supplements on less than 60 days notice be denied, and that the Tariff Supplements be suspended accordingly, that the parties be directed to address the attached list of Directed Questions in the proceeding before the ALJ and that FUS prepare the appropriate Opinion and Order consistent with this motion. A copy of the Motion is attached. Vote of 4-0 with no further discussion.
- Windstream Pennsylvania, Inc., FUS-1303*, A-2008-2008443. Application filed December 6, 2007 for approval of a corporate restructuring from a business corporation to a limited liability company. Staff recommends that the Commission adopt the proposed Order granting the Application. Vote of 4-0 with no discussion.
Law Bureau
- Proposed Rulemaking to Amend PA. Code Ch. 63., L-0101 R*, TN- . Proposed rulemaking to amend PA Code Ch. 63 (relating to Telephone Service) to Supplant Existing Policy Statement at 52 Pa. Code §§ 69.511 - 69.513 (relating to the Operation of the Telecommunications Relay Service System and Relay Service Fund). Staff recommends that the Commission adopt the proposed Rulemaking Order, to be published in the Pennsylvania Bulletin. The Statement of Commissioner Pizzingrilli is attached. Vote of 4-0 with no further discussion.
- Lifeline and Link-Up Programs, L-0002*, M-00051871. Staff recommends that the Commission amend our prior Lifeline and Link Up Programs Order of May 23, 2005, via the proposed Tentative Order so as to comply with the Proposed Tentative Order so as to comply with the FCC’s directive; and that the proposed Order be published in the Pennsylvania Bulletin. Vote of 4-0 with no discussion.
- United Telephone Company of Pennsylvania d/b/a Embarq Pennsylvania, L-0003*, M-00021635F0058. Request for three Blocks of 1,000 Telephone Numbers in the 717 NPA. Staff recommends that the Commission approve the request, consistent with the proposed Order. Statement of Commissioner Pizzingrilli stating that she is interested in streamlining Commission procedure to make approval faster in this “competitive environment” like neighboring jurisdictions. A copy of the Statement is attached. Vice Chairman Cawley orally agrees to work with Commissioner Pizzingrilli to streamline the process. Vote of 4-0 with no further discussion.
CARRY-IN AGENDA
Law Bureau
- Ratification of the Emergency Order Signed By Chairman Wendell F. Holland, L-0004*, P-2008-2013624. Petition for Emergency Relief of the Pennsylvania Taxi and Paratransit Association. Motion of Chairman Holland that Commission consideration of the January 14, 2008 Emergency Order be delayed until next public meeting scheduled for February 14, 2008, and that 52 Pa. Code § 3.3(c) is waived accordingly, that the due date for payment for passenger carrier and railroad assessments is hereby extended to March 17, 2008 and that the notice of this action be posted on the Commission’s website and served on all jurisdictional passenger carriers and railroads is attached. Voting will take place at the February 14, 2008 Public Meeting. Vote of 4-0 with no further discussion.
CARRY-IN AGENDA (SUPPLEMENTAL)
Bureau of Fixed Utility Services
- Verizon Pennsylvania Inc., Home Office - Harrisburg, PA, FUS-0402*, R-2008-2012195. Revisions to Tariff Telephone Pa. P.U.C. No. 216 for Services for Other Telephone Companies, filed by Verizon Pennsylvania on December 4, 2007, to become effective February 2, 2008. Staff recommends that the Commission permit the filing to become effective February 2, 2008, consistent with the proposed Order. Vote of 4-0 with no discussion.
NO ANNOUNCEMENTS
THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, FEBRUARY 14, 2008 AT 10:00 A.M.
* Denotes Order
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