Highlights: PA PUC Public Session of June 18, 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 June 18, 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, June 25, 2009 at 10:00 a.m.  The minutes of the Public Meeting of May 14, 2009, were, by a vote of 5-0, approved without modification.

BUREAU OF TRANSPORTATION & SAFETY

• Bucks Cab Co., 1206801-TAS, A-00124006.  Application for the right to begin to transport as a common carrier by motor vehicle, persons in call or demand service.  Staff recommends that the Commission adopt the proposed order dismissing the application.  This matter has been withdrawn.

• Bureau of Transportation & Safety v. Lehigh Valley Taxicab Co., Inc., 2032437-TAS, C-2009-2032437, A-00088477.  Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission.  Staff recommends that the Commission adopt the order directing that the Complaint be sustained and the certificate be canceled.  This matter has been withdrawn.

• Norman L. Maser, 2041583-TAS, A-2008-2041583, A-6410125.  Application for the right to transport as a common carrier by motor vehicle, persons in paratransit service limited to those persons whose personal convictions prevent them from owning or operating motor vehicles.  Staff recommends that the Commission adopt the proposed order approving the application.  Vote of 4-0 with Commissioner Powelson abstaining.

BUREAU OF ADMINISTRATIVE SERVICES

• All matters approved as submitted.

BUREAU OF AUDITS

• All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

• Pennsylvania Telecommunications Relay Service Advisory Board, 1121115-OSA, M-00900239.  The appointment of members to the TRS Advisory Board for two-year terms.  The nominees are to serve a two-year period that will expire on or about 6/18/11.  Staff recommends that the Commission adopt the Opinion and Order appointing the nominees to serve on the TRS Board for the two-year term ending 6/18/11.  Vote of 5-0 with no discussion.

• Bureau of Transportation & Safety v. Ronald E. Norris, Jr., t/a Get On The Bus, 1148036-OSA, A-00115999, A-00115999C0401.  Complaint instituted on 9/9/04, alleging that the Petitioner failed to maintain evidence of insurance on file with the Commission.  The complaint was served on the Petitioner on 10/7/04.  No answer to the complaint was filed in a timely manner.  By Order issued on 1/21/05, the Commission sustained the complaint and cancelled the Petitioner's Certificate.  On 10/31/08, the Petitioner filed the instant Petition for Reinstatement of Certificate BTS filed an Answer to the Petition on 3/3/09.  Staff recommends that the Commission adopt the proposed Opinion and Order which refers the matter to OALJ for evidentiary hearings.  Motion of Commissioner Powelson that the Petition for Reinstatement be referred to the OALJ for such evidentiary hearings as deemed necessary and that the OSA prepare the appropriate Order consistent with this Motion, is attached.  Vote of 5-0 with no further discussion.

• Law Bureau Prosecutory Staff v. Equitable Gas Co., 1197285-OSA,
  C-20065790.  Formal Complaint filed on 1/19/06, alleging violations of state and federal law, 49 C.F.R. § 192 and 52 Pa. Code § 59.33, related to a gas explosion on 8/21/04, that destroyed a home and seriously injured a resident at 336 Jacks Run Road, Allegheny County.  Equitable filed an Answer to the complaint and met with Commission Staff for the purpose of settlement.  Based on the results of the investigation of the Commission's Gas Safety Division and the settlement discussions, Equitable and Prosecutory Staff filed a proposed Settlement on 5/8/07.  On 8/22/08, the Commission issued a Tentative Order for comment and directed the parties to file Statements in Support of the Settlement.  Equitable filed Comments and a Statement in Support on 9/11/08, and the Prosecutory Staff filed a Statement in Support on 11/20/08.  Staff recommends that the Commission adopt the proposed Opinion and Order approving the Settlement.  Motion of Vice Chairman Christy that Equitable is required to pay a $5,000 civil penalty and a $45,000 civil settlement and that the $50,000 payment provided for in the Settlement could be better utilized by directing it to EGC's Low Income Usage Reduction Program and Hardship fund, and that the OSA prepare an Opinion and Order consistent with  this Motion, that the Opinion and Order be issued for comment so as to afford any interested party an opportunity to comment within twenty days of the date of entry of the Opinion and Order, that a copy of the Opinion and Order be served on the parties to the proceeding, the OSA and OSBA and that, subsequent to the PUC's review of the comments filed, a final Opinion and Order be issued, is attached.  Vote of 3-2 with Commissioners Pizzingrilli and Powelson dissenting.

• Karen Patterson, t/a Patterson Transportation Service, 1206439-OSA,
  A-00123934.  Application filed on 6/28/07, seeking authority to transport, as a common carrier, by motor vehicle, persons, in paratransit service, from points in the City of Philadelphia, to points in PA, and return.  Notice of the Application was published in the PA Bulletin on 7/28/07, with Protests due by 8/20/07.  On 8/14/07, a timely Protest was filed by Success America, Inc.  On 8/29/07, the parties entered into a Restrictive Amendment.  By Tentative Order issued 1/24/08, the Commission adopted the Bureau of Transportation and safety's recommendation to reject the Restrictive Amendment, and afforded the parties 10 days to file comments or initiate proceedings.  On 1/28/08, Success America filed Comments to the Tentative Order.  Staff recommends that the Commission adopt the proposed Opinion and Order which refers the matter to the Office of ALJ for evidentiary hearings.  Statement of Vice Chairman Christy is attached.  Vote of 5-0 with no further discussion.

BUREAU OF FIXED UTILITY SERVICES

• Bentleyville Communications d/b/a Fairpoint Communications, 1190878-FUS, P-00981427F1000, P-2008-2041988.  2009 Price Stability Index/Service Price Index filing.  No tariffs were filed.  On 5/1/09, the subject report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.

• Hickory Telephone Company, 1190886-FUS, P-00981431F1000.  2009 Price Stability Index/Service Price Index filing.  No tariffs were filed.  On 5/1/09, the subject report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.

• Lackawaxen Telecommunication Services, Inc., 1190887-FUS,
  P-00981432F1000.  2009 Price Stability Index/Service Price Index filing.  No tariffs were filed.  On 5/1/09, the subject report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.

• Marianna & Scenery Hill Telephone Company, 1190889-FUS,
  P-0981434F1000, P-2008-2041995.  2009 Price Stability Index/Service Price Index filing.  No tariffs were filed.  On 5/1/09, the subject report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.

• The North-Eastern Pennsylvania Telephone Company, 1190890-FUS,
  P-00981435F1000.  2009 Price Stability Index/Service Price Index filing.  No tariffs were filed.  On 5/1/09, the subject report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.

• Consolidated Communications of Pennsylvania, 1190892-FUS, P-00981437F1000.  2009 Price Stability Index/Service Price Index filing.  No tariffs were filed.  On 5/1/09, the subject report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.

• York Water Company, 2105156-FUS, S-2009-2105156.  Securities certificate with respect to the issuance and sale of up to 2.0 million shares of common stock.  Staff recommends that the Commission adopt the proposed Order.  Statement of Commissioner Powelson that as evidenced by this case, and many others during the past year, utilities, too, feel the burden of the credit crises and that York Water Company's A- credit rating from S&P provides an added level of confidence from the markets that the Company is well positioned and that regulation has been supportive for the Company and its customers, is attached.  Vote of 5-0 with no further discussion.

COMBINED BUREAU AGENDA

LAW BUREAU

• Smart Meter Technology, 2092655-LAW, M-2009-2092655.  Implementation of Act 192 of 2008.  The PA General Assembly directed EDCs with more than 100,000 customers to file smart meter technology procurement and installation plans with the Commission for approval.  66 Pa. C.S. § 2807(f).  The Implementation Order establishes the standards each plan must meet and provides guidance on the procedures for submittal, review and approval of all aspects of each smart meter plan.  The Implementation Order also establishes minimum smart meter capability and guidance on the Commission's expectations for deployment of smart meters.  Staff recommends that the Commission adopt the Implementation Order establishing procedures and guidelines EDCs must follow in submitting their smart meter procurement and installation plans for Commission approval.  Statement of Commissioner Powelson is attached.  The Motion of Vice Chairman Christy advising the Law Bureau to prepare an Implementation Order consistent with this Motion is attached.  Vote of 5-0 with no further discussion.

OFFICE OF ADMINISTRATIVE LAW JUDGE

• William J. Borlak v. Columbia Gas of Pennsylvania Inc., 2064344-ALJ, C-2008-2064344.  Complaint was filed on 9/12/08, alleging Columbia Gas improperly charged excessive rates for two rental units owned by Complainant.  Columbia filed its answer and new matter on 10/14/08.  On 12/16/08, a hearing was held.  Commission staff reviewed and advised that the Commission adopt ALJ Dunderdale's Initial Decision dismissing the case.  Motion of Commissioner Gardner that the matter be remanded to the OALJ and that the OSA prepare an Opinion and Order consistent with this Motion, is attached.  Statement of Commissioner Pizzingrilli is attached.  Vote of 5-0 with no further discussion.

• William L. Jones v. Knox Energy Cooperative, 2086059-ALJ, C-2009-2086059.  Complaint was filed on 10/24/08, alleging a billing dispute.  Knox Energy filed its answer and new matter on 02/18/09.  No hearing was held.  Commission staff reviewed and advised that the Commission adopt ALJ Melillo's Initial dismissing the case.  Motion of Chairman Cawley that the Order of the ALJ is reversed, Knox's Preliminary Objections are denied and the Formal Complaint of William L. Jones, filed 10/24/08 is reinstated and that the matter is remanded to the OALJ for a hearing consistent with this Order, is attached.  Vote of 4-1 with Vice Chairman Christy dissenting. 

• Newtown Artesian Water Company, 2086903-ALJ, M-2009-2086903.  Annual Section 1307(e) DSIC Reconciliation Statement filed on 1/27/09, setting forth its DSIC over/(under) collections for the 12-month period ended 12/31/08.  A hearing was held on 04/08/09.  Commission 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.

• Aqua Pennsylvania, Inc., 2093221-ALJ, M-2009-2093221.  Annual Section 1307(e) DSIC Reconciliation Statement filed on 2/27/09, setting forth its DSIC over/(under collections for the 12-month period ended 12/31/08.  A hearing was held on 04/08/09.  Commission staff reviewed 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

OFFICE OF SPECIAL ASSISTANTS

• PPL Electric Utilities Corp., 2060309-OSA, P-2008-2060309.  Petition filed 8/28/08, seeking approval of a default service program and procurement plan (DSP) for the period 1/1/11, through 5/31/14.  On 4/16/09, ALJ Colwell, issued a Recommended Decision wherein she recommended the adoption of a Joint Petition for Settlement in the above-captioned proceeding.  Exceptions were filed by Constellation New Energy, Inc., and Constellation Energy Commodities Group, Inc., the Pennsylvania State University, and the National Railroad Passenger Corporation (Amtrak).  Replies to Exceptions were filed by PPL Electric Utilities Corporation and by Amtrak.  Staff recommends that the Commission adopt the proposed Opinion and Order that adopts the Recommended Decision and which denies the Exceptions of Amtrak and Constellation but which grants the Exception of Penn State.  Motion of Chairman Cawley stating that the Joint Petition for Settlement be adopted as agreed by the parties, that the Recommended Decision of ALJ Colwell be adopted except as modified by this motion and that the OSA prepare an Order consistent with this motion, is attached.  The Statement of Vice Chairman Christy stating that the full requirements approach to obtaining power supply for PPL's customers will not lead to a good result and that a managed portfolio plan would be a better approach and he does not believe that PPL's DSP fully complies with Act 129 of 2008, is attached.  Vote of 4-1 with Vice Chairman Christy dissenting.

BUREAU OF FIXED UTILITY SERVICES

• Conestoga Telephone & Telegraph Company, 2105884-FUS, R-2009-2105884, P-00981429F1000.  2009 Annual Price Stability Index and Service Price Index, Tariff Supplement No. 228 to Tariff Pa. P.U.C. No. 10 and tariff Supplement No. 10 to Tariff Pa. P.U.C. No. 11, requesting a $753,808 increase from the application of the Service Price Index change.  On 4/30/09, the subject Report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.

• Denver & Ephrata Telephone & Telegraph Company, 2106666-FUS, R-2009-2106666, P-00981430F1000.  2009 Annual Price Stability Index and Service Price Index, Tariff Supplement No. 273 to Tariff Pa. P.U.C. No. 15, and Tariff Supplement No. 13 to Tariff Pa. P.U.C. No. 16 proposing a $3,813.18 decrease from the application of the Service Price Index change.  On 4/30/09, the subject Report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.

• Buffalo Valley Telephone Company, 2106671-FUS, R-2009-2106671,
  P-00981428F1000.  2009 Annual Price Stability Index and Service Price Index, Tariff Supplement No. 79 to Tariff Pa. P.U.C. No. 7, and Tariff Supplement No. 11 to Tariff Pa. P.U.C. Number 8 requesting a $296,500 increase from the application of the Service Price Index change.  On 4/30/09, the subject Report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.

• Windstream Pennsylvania, LLC, 2106677-FUS, R-2009-2106677,
  P-00981423F1000.  2009 Annual Price Stability Index and Service Price Index Report, and Tariff Supplement No. 34 to Tariff PA PUC No. 7 requesting a $473,443.35 increase from the application of the Service Price Index change.  On 4/30/09, the subject Report was filed.  No protests were filed and no hearings were held.  Staff recommends that the Commission adopt the proposed Order.

LAW BUREAU

• Act 129 Total Resource Cost Test, 2108601-LAW, M-2009-2108601, M-2008-2069887.  Act 129 requires EDCs to file EE&C plans by 7/1/09.  The plans are to be evaluated by Total Resource Cost testing.  A TRC test proposal circulated for comments, and comments were received on 6/5/09.  Staff recommends that the Commission adopt the proposed PA-specific TRC test order.  Motion of Chairman Cawley is attached.  Statement of Commissioner Pizzingrilli is attached.  Vote of 4-0 with Vice Chairman Christy abstaining.

• Borough of Camp Hill, Petition for Emergency Order filed on 11/19/08, seeking to enjoin PAWC from continuing its plan to increase water pressure following main breaks.  An Order was issued and ratified by the Commission on 12/18/08, and the matter was assigned to the OALJ.  Following a hearing on 12/19/08, a Recommended Decision was issued on 12/23/08 which recommended mandatory communications between the utility and the municipalities, OCA and Commission Staff, as well as development of a reasonable schedule for the increases.  PAWC filed exceptions and a Petition to Reopen the Record, seeking an opportunity to correct a crucial exhibit.  By Order entered 01/15/09, the Commission remanded the matter to OALJ.  Following a Joint Motion for Continuance, the parties reached a complete settlement among all parties and Joint Petition for Settlement was filed on 04/09/09.  Commission staff reviewed and advised that the Commission adopt ALJ Colwell's Recommended Decision approving the Settlement without modification.  Statement of Chairman Cawley that commends the parties for the efforts in crafting this comprehensive agreement and that the Settlement Agreement adequately balances the concerns of the OCA and the municipalities and agrees with the ALJ's Recommended Decision which adopts the Settlement Agreement and that it is in the public interest and deserves the Commission's approval, is attached.  Commission Powelson is associating himself with Chairman Cawley's statement.  Vote of 5-0 with no further discussion.

COMMISSIONERS

• Motion By Chairman Cawley Re:  Consumer Advisory Council Appointment, C-0013.  Motion of Chairman Cawley is attached.  Vote of 5-0 with no further discussion.

SUPPLEMENTAL CARRY-IN AGENDA

BUREAU OF FIXED UTILITY SERVICES

• All matters approved as submitted.

NO ANNOUNCEMENTS

 * Denotes Order