Highlights: PA PUC Public Session of September 25, 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 September 25, 2008 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 also 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, October 9, 2008 at 10:00 a.m.  The minutes of the Public Meeting of August 21, 2008, were, by a vote of 5-0, approved without modification.

Bureau of Transportation and Safety

1. Krapf's Coaches, Inc. West Chester, Chester County, TSM-0158*,
   A-00104504, R-20089-2050032.  Increase in rates.  Staff recommends that the rate increase at Folder No. 4, Scheduled Route Pa. PUC No. 8, and folder No. 6, Scheduled Route Pa. PUC No. 9, be approved to become effective September 29, 2008.  Vote of 4-0 with Commissioner Powelson abstaining.

1. John D'Amico, t/a First Class Luxury Limos, TSM-0171*, A-00118146, F.3.  Application for the additional right to transport as a common carrier by motor vehicle, persons in group and party service, in vehicles seating eleven (11) to fifteen (15) passengers including the driver.  Staff recommends that the Commission adopt the proposed order approving the application, as amended.  Vote of 4-0 with Commissioner Powelson abstaining.

Bureau of Audits

1. Citizens' Electric Company – Lewisburg and Wellsboro Electric Company – Wellsboro, AUD-0056, M-2008-2062323, M-2008-2062389.  Staff recommends that the Commission issue the Secretarial Letters notifying the Companies of the action taken.  Vote of 4-0 with Commissioner Gardner abstaining.

1. UGI Utilities, Inc. and UGI Penn Natural Gas, Inc., AUD-0057, D-07MEI005.  Management Efficiency Investigation Evaluating the Implementation of Selected Recommendations from the 2005 Focused Management and Operations Audit of UGI.  Staff recommends that the Commission make the MEI Report and UGI and UGI-PNG's Implementation Plan public.  This matter was postponed until Public Meeting of October 9, 2008.

Bureau of Consumer Services

1. All matters approved as submitted.

Office of Special Assistants

1. Verizon Pennsylvania Inc., et al v. Penn Telecom, Inc., 1202360-OSA-0005, C-20066987.  On September 15, 2008, the Complainant and Respondent each filed Petitions for Reconsideration and Clarification of the Commission's Opinion and Order entered August 29, 2008.  Staff recommends that the Commission grant the Petitions pending further review of and consideration on the merits.  Vote of 5-0 with no discussion.

1. Verizon Pennsylvania Inc., et al v. CTSI, LLC, 1203879-OSA-0013,
   C-20077332.  On September 15, 2008, the Complainant filed a Petition for Reconsideration and Clarification of the Commission's Opinion and Order entered August 29, 2008.  Staff recommends that the Commission grant the Petition pending further review of and consideration on the merits.  Vote of 5-0 with no discussion.

1. Application of Daniel Reichard, t/a Reichard's Move It, (Application Issue), 1206783-OSA-0011, A-00124003.  On July 11, 2007, the Applicant filed an initial Application for the right to begin to transport, as a common carrier, by motor vehicle, household goods in use.  Timely Protests to the Application were filed by LaBuda Trucking, Inc., and Williamsport Moving Co., Inc.  In his Initial Decision issued July 1, 2008, ALJ Salapa denied the Application.  Exceptions were filed by the Applicant on July 17, 2008.  Williamsport filed Reply Exceptions.  Staff recommends that the Commission adopt the proposed Opinion and Order that denies the Exceptions of the Applicant and adopts the Initial Decision.  Vote of 5-0 with no discussion.

Bureau of Fixed Utility Services

1. Comcast Business Communications, LLC d/b/a Comcast Long Distance, 2058144-FUS-0004, A-2008-2058144, A-2008-2058146.  Application filed August 4, 2008 for approval to offer, render, furnish, or supply telecommunication services as a Competitive Local Exchange Carrier in the service areas of Frontier Communications of Breezewood, LLC and Frontier Communications of Pennsylvania, LLC.  Staff recommends that the Commission adopt the proposed Order.  Vote of 5-0 with no discussion.

1. Pennsylvania American Water Company's Main Breaks, L-0087*, I-00060112.  Investigation in the Pittsburgh Area and Related Incidents Statewide – Phase II.  Staff recommends that the Commission adopt the proposed Tentative Order that, among other things, releases the Investigative Report to the public.

Law Bureau

1. Pennsylvania American Water Company's Main Breaks, L-0087, I-00060112.  Investigation in the Pittsburgh Area and Related Incidents Statewide – Phase II.  Staff recommends that the Commission adopt the proposed Tentative Order that, among other things, releases the Investigative Report to the public.  This matter was postponed until Public Meeting of October 9, 2008.

1. Final Rulemaking Order Implementation of the Alternative Energy Portfolio Standards Act of 2004, L-0091*, L-00060180.  Staff recommends that the Commission adopt the proposed Final Rulemaking Order, to be published in the Pennsylvania Bulletin.  Statement of Vice Chairman Christy addressing his concern with AEP Act where other states can take advantage of the Pennsylvania Act, but not reciprocate.  Chairman Cawley associates himself with Vice Chairman Christy's Statement, which is attached.  Vote of 5-0 with no further discussion.

1. Rural and Non-Rural Carriers, L-0095*, M-00011530.  Certification for Federal Universal Service Fund Support.  Staff recommends that the Commission adopt the proposed Secretarial letters certifying to the FCC and USAC that the rural ILECs will use all federal high-cost support provided to them for the year 2009 in a manner consistent with Section 254(e) and certifying that Verizon PA's Verizon North's rural residential rates are reasonably comparable to the urban rates nationwide for purposes of Section 254(b)(3).  Vote of 5-0 with no discussion.

Office of Administrative Law Judge

1. Christina K. Sayre v. UGI Utilities, Inc., (Complaint Appellant), ALJ-0050*,
   F-02292619.  On October 15, 2007, UGI filed a complaint/appeal alleging that under Section 1407 of the Public Utility Code, 66 Pa. C.S. §1407, that neither BCS nor the Commission has authority to provide Complainant with yet another payment agreement because she defaulted on two or more payment agreements.  On March 25, 2008, a hearing was held.  Motion of Chairman Cawley moving that the Decision of ALJ Nguyen is affirmed as modified and that the OSA prepare an Opinion and Order consistent with this motion.  Dissenting Statement of Commissioner Pizzingrilli consistent with her position in Crawford v. National Fuel Gas Distribution Corporation.  Commissioner Powelson associates himself with Commissioner Pizzingrilli's Dissenting Statement.  Vote of 3-2 with no further discussion.

1. Verizon PA Inc.'s 2008 Price Change Opportunity Filing (PCO); OSBA v. Verizon PA Inc.; Verizon North Inc.'s 2008 Price Change Opportunity Filing; OSBA v. Verizon North Inc., ALJ-0061*, P-00930715F1000, C-20078513, P-00001854F1000,
   C-20078514.  On November 1, 2007, Verizon PA and Verizon North separately filed their PCO filings proposing an annual revenue increase.  On July 30, 2008, a Joint Settlement Petition for Companies Settlement was filed.  Staff reviewed ALJs Chestnut and Koster's Recommended Decision approving the Joint Settlement Petition for Complete Settlement.  Vote of 5-0 with no discussion.

CARRY-IN AGENDA

Office of Special Assistants

1. Investigation Regarding Intrastate Access Charges and IntraLATA Toll Rates of Rural Carriers and the PA Universal Service Fund, 118996-OSA-0032, I-00040105, et al.  Joint Motion for Stay filed by various Parties.  Staff recommends that the Commission grant the ALJ an additional two months to issue a Recommended Decision.  Dissenting Statement of Vice Chairman Christy, stating that there were a lot of Pennsylvania specific issues here that FCC won't be ruling on.  Vote of 4-0 with no further discussion.

Law Bureau

1. Craven County Wood Energy, L-0096*, P-2008-2039951.  Appeal of Alternative Energy Portfolio Standards Program Administrator's Determination.  Staff recommends that the Commission deny Craven County Wood Energy's Appeal, consistent with the proposed Order.  Vice Chairman Christy concurs in result only.  Vote of 5-0 with no further discussion.

CARRY-IN AGENDA
SUPPLEMENTAL

1. Joint Motion of Vice Chairman Tyrone J. Christy and Commissioner Kim Pizzingrilli In re:  Investigation into Electric Distribution Company Service Outage Response and Restoration Practices.  C-0008.  Joint Motion moving that the Law Bureau prepare a Secretarial Letter with a copy of this motion and directed questions to be served on all jurisdictional electric distribution companies, electric distributions companies file a response to the questions and data requests with the PUC Secretary's Bureau within 15 days, the OALJ with the assistance of Office of Communications schedule a public input hearing to be held in the affected area within two weeks of September 25, 2008, Upon completion of the review of information collected the Bureau of Conservation, Economics and Energy Planning with the assistance of other appropriate staff, will prepare a report on this matter that will include recommendations for future action, including changes in policies and regulations governing electric service reliability is attached.  Vote of 5-0 with no discussion.

NO ANNOUNCEMENTS

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, OCTOBER 9, 2008 AT 10:00 AM

• * Denotes Order