Highlights: PA PUC Public Session of January 22, 2009

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 22, 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, February 5, 2009 at 10:00 a.m.  The minutes of the Public Meeting of December 18, 2008, were, by a vote of 5-0, approved without modification.

Bureau of Transportation and Safety

1. All matters approved as submitted.

Office of Special Assistants

1. Shryock Brothers Inc. v. Uwchlan Township, 1200874-OSA, C-20066648.  Petition of Uwchlan Township for Reconsideration, Reopening and Amendment of Commission Order entered January 31, 2008; Petition of the Hankin Group for Intervention and Reopening.  Staff recommends that the Commission adopt the proposed Opinion and Order which resolves the issues presented by the Parties.  This matter has been postponed.

1. James Brown v. Philadelphia Gas Works, Informal Complaint filed on October 20, 2006, alleging that PGW would not negotiate a payment arrangement to reconnect natural gas service.  On November 21, 2006 BCS rendered a decision with regard to restoration of service and establishment of a payment arrangement.  Complainant would pay a lump sum reconnection fee and thereafter a budget amount consisting of $192 plus $127 per month.  PGW subsequently filed a Formal Complaint appealing the decision rendered by BCS.  The matter was assigned to ALJ.  A hearing was held and an Initial Decision rendered by ALJ Chestnut in favor of the Appellant.  The Commission exercises its right to review the Initial Decision pursuant to 66 Pa. C.S. § 332(h).  Staff recommends that the Commission adopt the proposed Opinion and Order which (1) reverses the ALJ's Initial Decision; and (2) remands this matter to ALJ for further proceedings as deemed appropriate.  Vote of 3-2 with Commissioner Pizzingrilli dissenting and Commissioner Powelson also dissenting.  A copy of Commissioner Pizzingrilli's Dissenting Statement is attached.

1. John W. Mitchell v. Equitable Gas Company, 1204497-OSA, C-20077457.  Complaint filed alleging that unnecessary expenses were incurred because Equitable unnecessarily relocated his gas meter from inside to the outside of his home. Equitable admitted that the gas meter had been relocated, but denied the unnecessary expense allegation. A telephonic hearing was held and ALJ Hoyer issued an Initial Decision dismissing the complaint. No Exceptions were filed but the Commission reviewed the Initial Decision pursuant to Section 332 (h) of the Public Utility Code. In a Tentative Order entered on March 17, 2008, the Commission found that Equitable violated Section 1502 of the Code, 66 Pa. C.S. 1501, because the meter did not need to be moved and Equitable provided false information to the customer that moving the meter would not result in any cost to him. On April 7, 2008, Equitable filed comments responding to the Tentative Order.  Staff recommends that the Commission adopt the proposed Opinion and Order affirming the Tentative Order.  Vote of 5-0 with no discussion.

Bureau of Fixed Utility Services

1. Gexa Energy Pennsylvania, LLC, 2060044-FUS, A-2008-2060044.  Application filed on August 19, 2008, for a license to offer, render, furnish or supply electricity or electric generation services as a supplier of electric power to commercial, industrial and governmental customers in the service territories throughout the Commonwealth of Pennsylvania.  The License Application is filed in accordance with the requirements of Section 2809 of the Public Utility Code, 66 Pa. C.S. § 2809.  Staff recommends that the Commission adopt the proposed Order.  Statement of Commissioner Powelson is attached.  Vote of 5-0 with no further discussion.

Law Bureau

1. Delegation of Authority, 2074153-LAW, I-00050109.  Bureau of Audits to serve Emergency Preparedness Audits directly on the utility and the Commission's Emergency Preparedness Coordinator.  Staff recommends that the Commission delegate to Audits is authority to release the audit report per the process and adopt the procedure regarding delegation of authority.  This matter has been postponed until Public Meeting of February 5, 2009.

Office of Administrative Law Judge

1. UGI Utilities, Inc.-Electric Div., 2063006-ALJ, P-2008-2063006.  Petition filed on February 12, 2008, for Expedited Approval of a Default Service Procurement, Implementation and Contingency Plan for default service commencing in January 2010.  In this filing, UGI did not include a rate design proposal or Alternative Energy Portfolio Standards Act of 2004 compliance plan, but sought Commission approval to bifurcate those proposals and file them for approval on or before September 1, 2008, on a separate procedural track.  On July 17, 2008, the Commission adopted the Recommended Decision issued June 23, 2008 approving the Procurement Settlement filed on May 2, 2008.  The Commission also adopted a Motion which required that the Company answer certain questions, on or before September 1, 2008, relating to its Procurement Plan.  On November 17, 2008, the parties filed a Joint Petition for Settlement.  Commission Staff reviewed ALJ Melillo's Recommended Decision approving the Settlement and that the Rec. Dec. be adopted.  Statement of Chairman Cawley is attached.  Vote of 5-0 with no further discussion.

Commissioners

1. Motion of Vice Chairman Tyrone J. Christy In Re:  Defined Benefit Pension Plans, C-0001.  Accumulated Benefit Obligations, Projected Benefit Obligations, Projected Benefit Obligations and Fair Value of Plan Assets.  Motion of Vice Chairman Christy moving that the OSA prepare an Opinion and Order consistent with this Motion, is attached.  This matter has been postponed until Public Meeting of February 5, 2009.

CARRY-IN AGENDA

Bureau of Fixed Utility Services

1. Duquesne Light Company, 2079461-FUS, P-2008-2079461.  Supplement No. 17 to Tariff Electric-PA.P.U.C. No. 24, at P-00072247, filed on December 16, 2008, proposing changes to Rider No. 20; as well as a Petition for Special Permission to File a Tariff Supplement to Become Effective on Less Than Sixty Days Notice, at P-2008-2079461, requesting that Supplement No. 17 be permitted to become effective on less than 60 days notice.  Staff recommends that the Commission adopt the proposed Order.  This matter has been withdrawn.

ANNOUNCEMENTS

1. Fond Farwell to Mike Sobolesky, Administrative Services, Financial and Assessment Chief
2. 2 Retirees – Renee McClinton and John Clea from the Bureau of Consumer Services
3. Also, Frank Wilmarth, Deputy Chief Counsel, Law Bureau

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, DECEMBER 18, 2008 AT 10:00 AM

* Denotes Order