Highlights: PA PUC Public Session of May 14, 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 May 14, 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, May 28, 2009 at 10:00 a.m.  The minutes of the Public Meeting of April 16, 2009, were, by a vote of 5-0, approved without modification.

Bureau of Transportation and Safety

1. All matters approved as submitted.

Bureau of Audits

1. All matters approved as submitted.

Office of Special Assistants

1. Bureau of Transportation & Safety v. Norris t/a Get On The Bus, 1148036-OSA, A-00115999, A-00115999C0401.  Complaint instituted alleging failure to maintain evidence of insurance on file with the Commission.  No timely answer to the complaint was filed.  By Order of 1/21/05, the Commission cancelled the Petitioner's Certificate.  On 10/31/08, the Petitioner filed a Petition for Reinstatement.  BTS filed an Answer thereto.  Staff recommends that the Commission adopt the proposed Opinion and Order which refers the matter to the OALJ for evidentiary hearings.  This matter has been postponed until Public Meeting of May 28, 2009.

1. Susan K. Pickford, et al. v. PA-American Water Co., 1206921-OSA,
   C-20078029, C-20078030, C-20078031, C-20078034, C-20078035, C-20078036,
   C-20078037, C-20078038, C-20078039, C-20078041, C-20078042.  Complaints filed by 24 customers objecting to PAWC's plan to use chloramine for water treatment.  In this proceeding, issues other than those directed to PAWC's compliance with the Safe Drinking Water Act were considered.  In her Initial Decision, ALJ Chestnut concluded that the Joint Complainants failed to sustain their burden of proof and dismissed the complaints.  The ALJ recommended approval of a Settlement between OCA and PAWC.  The Complainants filed Exceptions on 3/10/09.  PAWC filed Reply Exceptions on 3/12/09, and the Department of Environmental Protection filed Reply Exceptions on 3/25/09.  Staff recommends that the Commission approve the proposed Opinion and Order that adopts the ALJ's Initial Decision and approves the Joint Petition for Settlement.  Statement of Chairman Cawley is attached.  Commissioner Pizzingrilli concurs with the ALJ and Commissioner Gardner is associating himself with Chairman Cawley's statement.  Vote of 5-0 with no further discussion.

1. Stephen Sutter v. Clean Treatment Sewage Co., 1218317-OSA,
   C-20078197.  Formal Complaints filed by 57 customers between 5/15 and 11/15/07, alleging, inter alia, that CTSC is charging a monthly rate for stand-by service when CTSC has been unable to connect these customers to its system since 2005 when the system reached a DEP-imposed limit on service connections.  The complaints also addressed service issues such as system overflows.  On 6/12/07 and 10/2/07, CTSC filed Answers to the complaints which, inter alia, addressed its efforts to resolve the limit on service connections and the service issues.  On 10/29/07 and 1/30/08, OCA filed Notices of Intervention.  By Initial Decision issued 1/2/09, ALJ Jandebeur dismissed the complaints with the exception of a single billing issue with one customer's account.  Exceptions were filed by OCA on 1/22/09, and Reply Exceptions were filed by CTSC on 2/2/09.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants in part and denies in part the Exceptions of OCA and modifies the Initial Decision consistent with the Opinion and Order.  Vote of 5-0 with no discussion.

1. West Penn Power Co., 1332812-OSA, P-00072342.  Petition filed on 4/24/09, seeking to further modify its schedule for purchasing generation service to fill the demands of the Company's residential default service load after generation rate caps expire at the end of 2010. 

1. Philadelphia Gas Works, 1505419-OSA, M-2009-1505419.  Law Bureau Prosecutory Staff, by letter dated 12/21/07, initiated an informal investigation into the alleged incorrect termination of service to 1921 West Chew Street, Philadelphia, by PGW on 10/15/07.  After the informal investigation, the parties reached a proposed Settlement Agreement, which was filed on 3/26/09.  Staff recommends that the Commission issue the Settlement Agreement and Joint Statement for comment.  Statement of Commission Powelson is attached.  Vote of 5-0 with no further discussion.

1. Bureau of Transportation & Safety v. Yellow Cab Company of Pittsburgh, 2034624-OSA, C-2008-2034624, A-00049926.  Complaint instituted on 4/18/08, pursuant to Section 701 of the Public Utility Code, alleging that Yellow Cab violated multiple provisions of the Public Utility Code and the rules and regulations of the Commission.  On 3/9/09, before hearings were scheduled in this matter, the Parties submitted a Settlement Agreement for consideration by the Commission.  Staff recommended that the Commission adopt the proposed Opinion and Order that approved the Settlement Agreement and that imposes a $4,000 civil penalty on Yellow Cab.  Statement of Commissioner Gardner is attached.  Vote of 5-0 with no further discussions.

1. Law Bureau Prosecutory Staff v. Peoples Natural Gas Co., 2086651-OSA,
   M-2009-2086651.  Settlement Agreement is submitted to the Commission by the parties in order to resolve an Informal Investigation.  The subject concerns allegations of multiple violations of the code of Federal Regulations and the rules and regulations of the Commission relative to natural gas pipeline safety.  The specific incidents that are the subject of the Settlement Agreement occurred on 5/2/07, 6/8/07 and 6/21/07.  Staff recommends that the Commission adopt the proposed Opinion and Order that permits comments to the Settlement Agreement from any interested party if timely filed within 20 days of entry of the proposed Opinion and Order.  Motion of Vice Chairman Christy that the Joint Settlement Agreement be attached to the Opinion and Order resulting from this Motion thereby affording an opportunity for interested parties to file comments, that a copy of the Opinion and Order including the Settlement Agreement be served on the OCA and the OSBA, that comments to the Settlement Agreement and the Opinion and Order be considered timely if filed within twenty (20) days of the date of entry of the Opinion and Order, that subsequent to the Commission's review of the comments filed in this proceeding, an Opinion and Order will be issued and that the OSA prepare the necessary Opinion and Order, is attached.  Vote of 5-0 with no further discussion.

Bureau of Fixed Utility Services

1. Aqua Pennsylvania, Inc., 2059988-FUS, A-2008-2059988.  Application filed on 8/22/08.  Proofs of service and publication were filed.  Staff recommends that the Commission adopt the proposed Order.  Vote of 5-0 with no discussion.

Law Bureau

1. PPL Electric Utilities Corp Retail Markets, 2104271-LAW, M-2009-2104271.  Proposed Tentative Order solicits comments whether the Commission should require PPL to make certain changes which will assist electric generation suppliers in overcoming remaining barriers to a competitive retail market for electric power.  The proposed Tentative Order also provides PPL with a mechanism by which it may recover the increased incremental costs of making these changes.  Staff recommends that the Commission approve the proposed Tentative Order and Attachment A.  Statement of Commissioner Powelson is attached with Vice Chairman Christy concurring in result only.  Vote of 5-0 with no further discussion.

Office of Administrative Law Judge

1. Cahterine A. Mishler v. Dominion Peoples, 2041160-ALJ, C-2008-2041160.  Complaint filed 4/10/08, alleging a billing dispute.  On 4/23/08, a second complaint was filed alleging an inability to pay for gas service.  On 5/28/08, the company filed its answer and requested that the complaints be consolidated into one matter.  A hearing was held on 8/14/08.  Staff reviewed and advised that the Commission adopt Special Agent Eranda Vero's Initial Decision denying the complaints.  Vote of 5-0 with no discussion.

1. The Borough of Schuylkill Haven, 2090293-ALJ, M-2009-2090293.  Section 1307(3) purchased power cost reconciliation statement, filed on 2/13/09, setting firth its over/(under) collections for the twelve-month period ended 1/31/09.  A hearing was held on 3/31/09.  Staff reviewed and advised that the Commission adopt ALJ Melillo's Recommended Decision accepting the Statement, insofar as it is undisputed.  Vote of 5-0 with no discussion.

CARRY-IN AGENDA

1. West Penn Power Co., 2092888-FUS, S-2009-2092888.  Securities Certificate for the proposed issuance and sale of debt securities and/or credit facilities in an aggregate principal amount of up to $500 million outstanding at any time.  Staff recommends that the Commission approve the proposed Order.  Motion of Chairman Cawley that the securities certificates filed by West Penn be reduced, that the registration period be deemed to end on May 15, 2012 and that FUS prepare the appropriate Order consistent with this Motion, is attached.  Vote of 4-1 with Commissioner Powelson disagreeing with the Motion.

1. Joint Motion of Vice Chairman Christy and Commissioner Gardner, RE:  Universal Service Coordination Work Group, C-0012.  The Universal Service Coordination Working Group shall be created to develop recommendations to coordinate residential universal service programs under PUC jurisdiction and coordinate programs with other state programs and make recommendations on the feasibility of integrating these programs to establish a state-wide network of all utility assistance programs, the Group shall be comprised of invited representatives from natural gas, electric and telecommunications industries who have expertise in providing Community and Economic Development and DPW shall be invited to participate in the Group.  The OCA, nonprofit associations and representatives of other consumer organizations shall also be invited to participate, the meeting shall be held no later than 60 days after the entry date of this Order and the BCS with assistance of Law Bureau shall prepare appropriate Order and the Order shall be served on all natural gas distribution companies, electric distribution companies, local exchange telecommunications companies, OCA, Public Utility Law Project, Community Legal Services, Inc., the Energy Association of PA, PTA, DPW, DCED, Consumer Advisory Council and Dollar Energy Fund.  Vote of 5-0 with no further discussion.

ANNOUNCEMENTS

1. Commissioner Pizzingrilli stated that on May 22, 2009, the South Central Regional Utilities will be holding a conference to share information on a task force.

1. Commissioner Gardner said that the Commission recognizes that it is National Electric Safety Month and to watch out for power lines when working outside this summer.

* Denotes Order