Highlights: PA PUC Public Session of January 15, 2009

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          At the January 15, 2009 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, January 22, 2009 at 10:00 a.m.  The minutes of the Public Meeting of December 4, 2008, were, by a vote of 5-0, approved without modification.

Bureau of Transportation and Safety

1. Donald D. Henry, 2046396-TAS, A-2008-2046396.  Application for the right to transport as a common carrier by motor vehicle, persons in paratransit service limited to those persons in paratransit service limited to those persons whose personal convictions prevent them from owning or operating motor vehicles.  Honey Brook, Chester County.  Staff recommends that the Commission adopt the proposed order approving the application.  Vote of 4-0 with Commissioner Powelson abstaining

Bureau of Consumer Services

1. Peoples Natural Gas Co., 2044646-BCS, M-2008-2044646.  Dominion Peoples filed on May 30, 2008, an updated version of its 3-year Universal Service and Energy Conservation Plan pursuant to 52 Pa. Code § 62.4(a)(1).  Staff recommends that the Commission adopt the order approving the plan as filed.  Statement by Commissioner Pizzingrilli is attached.  Vote of 5-0 with no further discussion.

Office of Special Assistants

1. WGM Transportation, Inc., 1186228-OSA, A-00111651C0401.  The Bureau of Transportation and Safety (BTS) and WGM Transportation Inc. (WGM) filed a Settlement Agreement on February 7, 2006, in order to satisfy a complaint.  BTS averred that WGM had provided inadequate service to a client, in violation of Section 1501 of the Public Utility Code, and suggested a penalty of $500.  As part of the Settlement, WGM agreed that its taxi will have available a child passenger restraint seat and BTS agreed to the elimination of the proposed penalty.  Staff recommended that the Commission adopt the proposed Opinion and Order which rejects the Settlement Agreement as filed, and returns this matter to the Parties for further negotiations or for prosecution.  Motion of Commissioner Powelson that the Settlement Agreement between BTS and WGM Transportation, Inc. be approved and that the OSA should prepare the appropriate Order consistent with this Motion is attached.  Vote of 5-0 with no further discussion.

1. Delaware & Hudson Railway Co. d/b/a CA, 1191129-OSA, A-00121492.  Application filed on February 22, 2005, seeking to alter the subject crossing where State Road 3015 crosses two tracks of D&H in Moosic Borough, Lackawanna County.  On May 13, 2005, the Commission issued a Secretarial Letter (corrected) which ordered, inter alia, D&H to reconstruct the subject crossing pursuant to Pennsylvania Department of Transportation (PennDOT) construction standards and specifications.  A final field conference in this matter was held on November 9, 2007, wherein PennDOT objected to the condition of the crossing and also objected to the closing of this matter.  On January 4, 2008, the Commission issued a Secretarial Letter closing the docket.  On January 17, 2008, PennDOT filed the instant Petition for Appeal from Actions of Staff (Petition), referencing the Commission's January 4, 2008 Secretarial Letter.  Staff recommends that the Commission adopt the proposed Opinion and Order which denies the Petition.  Motion of Vice Chairman Christy that the Petition for Appeal from Staff Action filed by PennDOT be granted consistent with his Motion and that the OSA prepare the necessary Opinion and Order.  Vote of 5-0 with no further discussion.

1. Lancelot R. Ottley v. UGI Utilities, Inc., 1202144-OSA, F-02133916.  On August 29, 2006, Lancelot R. Ottley filed an Informal Complaint against UGI, alleging that the company would not negotiate a payment arrangement in response to a request to reconnect natural gas service.  On September 19, 2006, BCS rendered a decision with regard to restoration of service and establishment of a payment arrangement whereby the Complainant would pay a lump sum reconnection fee and thereafter a budget amount consisting of $350 plus $79 per month.  USGI subsequently filed a Formal Complaint appealing the decision rendered by BCS.  A hearing was held and an Initial Decision was rendered by ALJ Weismandel in favor of the UGI.  The Commission exercises its right to review the Initial Decision pursuant to 66 Pa. C.S. § 332(h).  Staff recommends that the Commission modify the ALJ's Initial Decision consistent with the proposed Opinion and Order.  Vote of 5-0 with Commissioners Powelson and Pizzingrilli concurring in result only.

1. Christine M. Hock v. UGI Utilities, Inc., 1203950-OSA, F-02097811.  On June 23, 2006, Christine M. Hock filed an Informal Complaint against UGI, alleging that UGI would not negotiate a payment arrangement in response to a request to reconnect natural gas service.  On January 12, 2007, BCS rendered a decision with regard to restoration of service and establishment of a payment arrangement whereby the Complainant would pay a lump sum reconnection fee of $44 and thereafter a budget amount of $59 per month.  UGI filed a Formal Complaint appealing the decision rendered by BCS.  A hearing was held and an Initial Decision was rendered by ALJ Colwell in favor of the UGI.  The Commission exercises its right to review the Initial Decision pursuant to 66 Pa. C.S. § 332(h).  Staff recommends that the Commission modify the ALJ's Initial Decision consistent with the proposed Opinion and Order.  Vote of 5-0 with Commissioners Powelson and Pizzingrilli concurring in result only.

1. Courtney L. Gagnon v. UGI Utilities, Inc., 1205888-OSA, F-02225589.  On April 25, 2007, Courtney L. Gagnon filed an Informal Complaint against UGI, alleging that UGI would not negotiate a payment arrangement in response to a request to reconnect natural gas service.  On May 16, 2007, the BCS rendered a decision with regard to restoration of service and establishment of a payment arrangement for the Complaint to pay a lump sum reconnection fee of $282 and thereafter a budget amount of $153 per month.  UGI subsequently filed a Formal Complaint appealing the decision rendered by BCS.  A hearing was held and an Initial Decision was rendered by ALJ Salapa in favor of the UGI.  The Commission exercises its right to review the Initial Decision pursuant to 66 Pa. C.S. § 332(h).  Staff recommends that the Commission modify the ALJ's Initial Decision consistent with the proposed Opinion and Order.  Vote of 5-0 with Commissioners Powelson and Pizzingrilli concurring in result only.

1. UGI Utilities, Inc., 2056656-OSA, M-2008-2056656.  Jacqueline Cole filed a complaint regarding a bill from UGI for gas usage at her property that was due to a faulty valve that allowed gas to go to the meter despite the fact that a UGI employee had turned the valve to the "off" position.  Ms. Cole was billed for $1,310 in usage.  BCS found that Ms. Cole was not responsible for the gas usage.  UGI appealed the BCS decision and ALJ Colwell upheld the BCS decision and referred the matter to the Law Bureau Prosecutory Staff for an informal investigation.  Based on the results of the ensuing investigation and settlement discussions, UGI and Prosecutory Staff filed a proposed Settlement on August 4, 2008.  Staff recommends that the Commission adopt the proposed Opinion and Order issuing the Settlement for comment.  Statement of Vice Chairman Christy is attached.  Vote of 5-0 with no further discussion.

Bureau of Fixed Utility Services

1. All matters approved as submitted.

Law Bureau

1. Proposed Rulemaking, 2057661-LAW, L-2008-2057661.  The Commission proposes to amend existing regulations which govern filing requirements for proposed increases in rates by small motor carriers of passengers.  Staff recommends that the Commission streamline the ratemaking process for small motor passenger carriers.  Statement by Vice Chairman Christy is attached.  Vote of 5-0 with no further discussion.

1. Energy Efficiency Conservation Program & EDC Plan, 2069887-LAW,
   M-2008-2069887.  Energy Efficiency and Conservation Program Implementation Order.  Staff recommends that the Commission adopt this Implementation Order.  Statement of Vice Chairman Christy is attached as well as the Joint Statement of Chairman Cawley and Commissioner Gardner.  Motion of Commissioner Pizzingrilli that the Implementation Order is adopted, as amended by this Motion and that the Law Bureau prepare an Implementation Order consistent with this Motion is attached.  Vote of 5-0 with no further discussion.

1. Aqua Pennsylvania, Inc., 2074746-LAW, A-2008-2074746.  Joint application of Aqua Pennsylvania, Inc. (Aqua) and Emlenton Water Company (Emlenton) filed 11/7/08 and amended on 11/25/08.  A Tentative Order was issued 12/18/08 approving the application with a 10 day comment period.  Comments were filed by both parties.  Due to the fact that the closing was scheduled on the transaction for 12/30/08, a Final Order was adopted by notational vote on 12/29/08 and served on the same day.  Staff recommends that, consistent with 4 Pa. Code 1.43(c), this action be recorded and entered in the minutes of this public meeting.  Vote of 5-0 with no discussion.

Office of Administrative Law Judge

1. Edna Renee Latham v. Verizon Pennsylvania Inc., 2030984-ALJ, C-2008-2030984.  On March 14, 2008, a complaint was filed alleging a service/reliability dispute.  On April 9, 2008, Verizon filed its Answer as well as a Preliminary Objection (PO).  Complainant did not file a response to the PO.  No hearing was held.  Commission reviewed to Adopt Chief ALJ Smith's Initial Decision granting Verizon's Preliminary Objection and dismissing the complaint.  This matter was postponed until Public Meeting of February 5, 2009.

1. William and Joan Weber v. PPL Electric, 2052894-ALJ, C-2008-2052894.  On July 7, 2008, a complaint was filed alleging a service dispute.  On August 14, 2008, PPL filed an Answer and New Matter as well as Preliminary Objections (PO).  On August 25, 2008, Complainants filed an Answer to the Pos, and on September 2, 2008, they filed their Answer to New Matter.  Commission reviewed ALJ Colwell's Initial Decision granting the Preliminary Objections of PPL and dismissing the complaint.  This matter was postponed until Public Meeting of February 5, 2009.

1. Borough of Camp Hill, 2075142-OSA, P-2008-2075142.  Petition to Reopen the Proceeding filed by PAWC on January 7, 2009.  Staff recommends that the Commission adopt the proposed Opinion and Order.  Statements by Vice Chairman Christy and Commission Powelson are attached.  Vote of 5-0 with no further discussion.

Commissioners

1. Defined Benefit Pension Plans, C-0001.  Motion of Vice Chairman Tyrone J. Christy.  Accumulated Benefit Obligations, Projected Benefit Obligations and Fair Value of Plan Assets.  This matter has been postponed until Public Meeting of January 22, 2009. 

CARRY-IN AGENDA

1. Joint Motion of Vice Chairman Tyrone J. Christy and Commissioner Wayne Gardner, C-0002.  In re:  Operational and Financial Viability Small Natural Gas Utilities.  Joint Motion says that the Office of the Director of Operations establish a Task Force to evaluate our jurisdictional small gas companies consistent with this Motion and that the OSA prepare an Order consistent with this Motion, is attached.  Vote of 5-0 with no further discussion.

NO ANNOUNCEMENTS

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, JANUARY 22, 2009 AT 10:00 AM

* Denotes Order