Highlights: PA PUC Public Session of February 26, 2009

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          At the February 26, 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, March 12, 2009 at 10:00 a.m.  The minutes of the Public Meeting of January 22, 2009, were, by a vote of 5-0, approved without modification.

Bureau of Transportation and Safety

1. Daniel R. Koebler, t/a Crown Limousine Svc., 2036075-TAS, A-2008-2036075.  Application for the additional right to begin to transport as a common carrier by motor vehicles, persons in group and party service in vehicles seating 11-15 passengers.  Slippery Rock.  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. All matters approved as submitted.

Office of Special Assistants

1. EKAS Automotive Sales & Service, LLC, 1180629-OSA, A-00120185, A-00120185C0702, A-2008-1220056.  BTS on August 13, 2007, instituted a Complaint against Ekas Automotive Sales & Service, LLC, alleging failure to maintain evidence of insurance on file with the Commission.  By Order entered on August 12, 2008, the Commission, inter alia, cancelled the Certificate of Public Convenience.  On August 26, 2008, Ekas Automotive filed a Petition to Rescind Order issued on August 12, 2008.  Staff recommends that the Commission adopt the proposed Opinion and Order, which grants Respondent's Petition.  This matter has been postponed until Public Meeting of March 12, 2009.

Bureau of Fixed Utility Services

1. Frontier Communications of Breezewood Inc., 1190596-FUS,
   P-00951005F1000.  2009 Joint Price Stability Index/Service Price Index filing of Frontier Communications of Breezewood, LLC; Canton, LLC; Lakewood, LLC' Oswayo River, LLC; and Pennsylvania, LLC.  Staff recommends that the Commission adopt the proposed Order.  Vote of 5-0 with no discussion.

1. Citizens Telephone Company of Kecksburg, 1190597-FUS,
   P-00971229F1000.  2009 Price Stability Index/Service Price Index filing of Citizens Telephone Company of Kecksburg.  No tariffs were filed.  On February 2, 2009, the subject Report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.  Vote of 5-0 with no discussion.

1. Ironton Telephone Company, 1190607-FUS, P-00971182F1000.  2009 Price Stability Index/Service Price Index filing of Ironton Telephone Company.  No tariffs were filed.  On February 2, 2009, the subject Report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.  Vote of 5-0 with no discussion.

1. Equitable Gas Company, 1203898-FUS, A-121100F2003.  Application originally filed on January 31, 2007, for approval of the abandonment of a portion of its natural gas pipeline service affecting 25 Field Gathering Line Customers located in the township of Richhill, Greene County, due to Mining Operations.  Notice was published in the Greene County Messenger on February 16, 2007.  Protests were filed and the case referred to the OALJ.  Evidentiary Hearings were held on October 30 & 31, 2007.  A tentative settlement of the dispute was announced at a Hearing held on November 15, 2007.  On January 30, 2008, the ALJ issued a letter to the parties regarding the status of the proceedings.  On February 29, 2008, a Certified Statement of Satisfaction signed by the Complainants was filed.  A Third Interim Order Serving the Complaint was issued March 6, 2008.  Staff recommends that the Commission adopt the proposed Order.  Vote of 5-0 with no discussion.

1. Orwell Natural Gas Company, Joint Application of Orwell Natural Gas Company and Energy West, Incorporated for approval of the transfer of control of the former to the latter.  Staff recommends that the Commission adopt the proposed Order.  Vote of 5-0 with no discussion.

Combined Bureau Agenda

1. Little Washington Wastewater Co., Agenda Nos. 2081533-FUS, 2081533-OTS, 2081533-FUS, 2081533-OTS, 2081533-FUS, 2081533-OTS, 2081533-FUS, 2081533-OTS, 2081533-FUS, 2081533-OTS, Docket Numbers, R-2008-2081533,
   R-2008-2081535, R-2008-2081542, R-2008-2081547, R-2008-2081738.  Tariff Supplements Nos. 57, 56, 59, 58 and 55 to Tariff Wastewater-Pa. P.U.C. No. 1 and Tariff Sewer-Pa. P.U.C. No. 1 for East Bradford, Gettysburg, Bridlewood, Deerfield Knoll and Northeast PA Consolidated were filed on December 29, 2008 proposing various annual increases to all become effective on March 1, 2009.  Formal Complaints have been filed.  Staff recommends that in certain instances adopt the proposed Order, but also that they institute an investigation of the proposed rates, rules and regulations and allow the filing to be suspended by operation of law for a period of seven months, or through October 1, 2009.

Law Bureau

1. Columbia Gas of PA., Inc., 2083915-LAW, P-2009-2083915.  Petition of Columbia Gas of Pennsylvania, Inc. requesting Approval to Use Settlement Proceeds to Fund Residential hardship Fund and Provide PGC Credits to Small Commercial Customers.  Staff recommends that the Commission adopt the proposed Order allowing the use of settlement proceeds to fund the company's residential Hardship Fund and provide PGC credits to small commercial customers.  This matter has been postponed until March 12, 2009.

Office of Administrative Law Judge

1. Equitable Gas Company, 2029325-ALJ, R-2008-2029325, C-20066800.  Equitable Gas Company on June 30, 2008, filed an Application for approval of a rate increase.  The Commission entered an Order on August 22, 2008 suspending the proposed rate increase until March 30, 2009, and instituting an investigation.  On December 19, 2008, a Joint Petition for Settlement of a Consolidated Proceeding was filed.  Staff reviewed the adoption of ALJ Corbett's Recommended Decision approving the Settlement.  Vote of 5-0 with no discussion.

1. Newtown Artesian Water Company, 2042293-ALJ, R-2008-2042293.  Supplement No. 58 to Tariff Water-Pa. P.U.C. No. 9, filed on July 11, 2008, to be effective September 9, 2008, proposing an increase in annual water revenue based on the future test year operations ending December 31, 2008.  By Order entered August 25, 2008, the Commission suspended Supplement No. 58 and instituted an investigation.  On September 15, 2008, NAWC filed Supplement No. 60 to suspend the application of the proposed water rates until April 9, 2009.  NAWC filed Supplement No. 62 on October 16, 2008, voluntarily extending the effective date of Supplement No. 58 to June 8, 2009.  On January 12, 2009, a Joint Petition for Settlement of Rate Investigation was filed.  Staff reviewed the adoption of ALJ Koster's Recommended Decision approving the Settlement.  Vote of 5-0 with no discussion.

1. Alvin H. Smith v. Peoples Natural Gas Co., 1203257-ALJ, F-02079805.  PNG on December 18, 2006, filed a complaint-appeal to a BCS determination and requested that Alvin H. Smith be held responsible for all bills for natural gas service provided between July 21, 2003 to the filing of the complaint, including the unpaid balance for service rendered to the property in the name of Elbert S. Burkes between April 5, 2005 and March 1, 2006.  Mr. Smith's answer to the complaint was filed on January 10, 2007.  Hearings were held.  Staff reviewed the adoption of ALJ Meehan's Initial Decision that the complaint-appeal of PNG from the determination of the BCS sustaining the complaint of Mr. Smith, is dismissed.  Motion of Commissioner Gardner that the Initial Decision be modified consistent with this Motion and that the OSA prepare an Opinion and Order consistent with this Motion is attached.  Vote of 5-0 with no further discussion.

1. Met Ed and Penelec, 2066692-ALJ, P-2008-2066692.  Joint Petition of MetEd and Penelec filed on September 25, 2008, requesting that the Commission approve a Voluntary Prepayment Plan to establish the terms and conditions under which MetEd/Penelec would implement a phase-in of the anticipated 2011 increase in generation rates.  On January 26, 2009, a Joint Petition for Settlement was filed.  Staff reviewed the adoption of ALJ Salapa's Recommended Decision approving the Settlement.  The Statement of Commissioner Pizzingrilli that EDC – rate is a mitigating option and the plan is consistent with policy guidelines and is in the public interest is attached.  Chairman Cawley made an Oral Statement advising that it is similar to PPL.  Commissioner Powelson associated himself with Commissioner Pizzingrilli.  Also, there is a need for aggressive marketing to customer market-base.  Vote of 5-0 with no further discussion.

Bureau of Fixed Utility Services

1. Pennsylvania Electric Company, 2081287-FUS, A-2008-2081287.  Letter of Notification filed on December 22, 2008, pursuant to 52 Pa. Code Chapter 57.72 with respect to the 115 kV HV transmission line from Wilmore Junction tap to Cambria Slope Substation to eliminate three terminal line project, situated Cambria Township, and Munster Township, Cambria County, Pennsylvania.  Authority for this procedure is provided for at § 57.72(d)(vi).  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.  Statement of Commissioner Powelson that it is important for companies to invest in infrastructure improvements is attached.  Commissioner Gardner also associated himself with this statement.  Vote of 5-0 with no further discussion.

1. Duquesne Light Company, 2081488-FUS, A-2008-2081488.  Letter of notification filed on December 23, 2008, pursuant to 52 Pa. Code Chapter 57.72 for the Reconfiguration of a segment of the Ckt. Z82 transmission line in Economy Township, Beaver County.  Authority for this procedure is provided for at § 57.72(d)(1)(iv).  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.  Statement of Commissioner Powelson that it is important for companies to invest in infrastructure improvements is attached.  Commissioner Gardner also associated himself with this statement.  Vote of 5-0 with no further discussion.

CARRY-IN AGENDA

Office of Special Assistants

1. All matters approved as submitted.

Law Bureau

1. All matters approved as submitted.

ANNOUNCEMENTS

1. There was a celebration of Black History Month at the Forum on February 26, 2009 at 12:00 Noon.

THE NEXT REGULAR MEETING IS SCHEDULED FOR THURSDAY, MARCH 12, 2009 AT 10:00 AM

 * Denotes Order