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Highlights: PA PUC Public Session of October 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 October 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. The next regular Public Meeting is tentatively scheduled for Thursday, November 5, 2009 at 10:00 a.m. The minutes of the Public Meeting of October 8, 2009, were, by a vote of 5-0, approved without modification.
BUREAU OF TRANSPORTATION & SAFETY
- Lifestar Ambulance, Inc., 1201901-TAS, A-00122163F0001AMA. Application for amendment to its certificate which grants the right to begin to transport as a common carrier by motor vehicle, persons in paratransit service limited to vehicles with a capacity of five passengers or less. West Chester, Chester County. Staff recommends that the Commission adopt the proposed order approving the application.
BUREAU OF AUDITS
- North East Heat & Light Co., 2134358-AUD, M-2009-2134358. Gas Cost Rates effective 11/1/09. Staff recommends that the Commission approve the staff recommended rates to become effective with service rendered on and after 11/1/09. Motion of Commissioner Gardner that the Bureau of Audits recalculate the GCR to include interest for overcollections; but, that the issue of waiving this interest is held in abeyance pending further consideration by the Commission, that the OCA, OSBA, OTS and other appropriate parties be served with notice of this issue, the Bureau of Audits in conjunction with the Law Bureau prepare a Secretarial Letter consistent with this Motion, that comments on the issue of North East Heat & Light's request for a waiver of the interest due for overcollections for the twelve-month period ending 8/31/09 be considered timely if received within fifteen days of issuance of the Secretarial letter with reply comments due 5 days thereafter, the Bureau of Audits review the comments and replies and make a recommendation to the Commission for subsequent action, is attached. Statement of Vice Chairman Christy is also attached. Vote of 5-0 with no further discussion.
OFFICE OF SPECIAL ASSISTANTS
- Verizon Pennsylvania Inc., 2074972-OSA, R-2008-2074972,
P-00930715F1000. Petition for Reconsideration and a Stay filed on 3/16/09, seeking reconsideration on certain decisions in Commission's Opinion and Order in its 2009 Price Change Opportunity filing, Order entered on 2/26/09. On 3/26/09, the Commission issued an order granting reconsideration pending review of and further consideration on the merits of the Petition. Staff recommends that the Commission adopt the proposed Opinion and order which grants the Petition for Reconsideration and Stay consistent with the discussion therein. Vice Chairman Christy recognized that Verizon showed good faith and the Statement of Vice Chairman Christy is attached. Vote of 5-0 with no further discussion.
BUREAU OF FIXED UTILITY SERVICES
- Verizon Pennsylvania Inc., 2074972-FUS, R-2008-2074972,
P-00930715F1000. Letter filed on 9/10/09, requesting to amend the 2009 Annual Price Change Opportunity Filing. The Company acknowledges an error if uncovered in the original filing and proposes a one-time credit of $.88 to residential customer bills to correct this error. No protests were filed a no hearings were held. Staff recommends that the Commission adopt the proposed Order which approves this letter request. Statement of Vice Chairman Christy is attached. Vote of 5-0 with no further discussion.
COMBINED BUREAU AGENDA
LAW BUREAU
- All matters approved as submitted.
OFFICE OF ADMINISTRATIVE LAW JUDGE
- Francisco Valez v. Verizon Select Services, 2060020-ALJ, C-2008-2060020. Complaint filed on 8/18/08, alleging fraudulent charges. On 9/18/08, Respondent filed an Answer and New Matter denying the fraudulent charges. On 9/30/09, Complainant filed a Reply to New Matter. On 1/13/09, Respondent filed a Motion to Compel Responses and for Sanctions. Complainant did not respond to the Motion. Staff reviewed and advised that the Commission adopt ALJ Fordham's Initial Decision dismissing the Complaint. This matter has been postponed until Public Meeting of November 19, 2009.
- PECO Energy Company-Gas, 2108705-ALJ, R-2009-2108705. PECO filed its definitive filing proposing to increased the PGC to become effective on and after 12/01/09. The company also filed a reconciliation of previously incurred expenses and revenues. On 8/10/09, a Joint Petition for Complete Settlement was filed. Staff reviewed and advised that the Commission adopt ALJ Chestnut and ALJ Koster Recommended Decision adopting the Settlement. Chairman Cawley noted that PECO did file cost of service settlement which failed to address allocation issues. Vote of 5-0 with no further discussion.
CARRY-IN AGENDA
OFFICE OF SPECIAL ASSISTANTS
- Philadelphia Gas Works, 1205928-OSA, M-00072021. Petition for Interlocutory Review, Answer to a Material Question and Approval of Settlement was filed to permit PGW to comply with a recent DPW directive relating to LIHEAP grants. Staff recommends that the Commission adopt the proposed Opinion and Order which disposes of the issues raised by the Petition. Joint Statement of Commissioner Pizzingrilli and Commissioner Powelson is attached. Vote of 5-0 with no further discussion.
- Equitable Gas Co., 2088072-OSA, R-2009-2088072, C-2009-2091475,
C-2009-2098330, C-2009-2100312. Proposed Tariff Supplement to Tariff Gas - Pa. P.U.C. No. 22, filed on 4/1/09, containing changes in the Purchased Gas Cost included in tariff rates resulting from projected cost of gas purchased for the 12 month period from 10/1/09 to 9/30/10, to be effective 10/1/09. Equitable, OTS and OCA reached a Joint Settlement on 6/25/09. After evidentiary hearings, the presiding ALJs Meehan and Dunderdale issued a Recommended Decision recommending approval of the Joint Settlement and disposition of one litigated issue. Equitable timely filed Exceptions to the Recommended Decision relating to the single litigated issue. The Commission modified the ALJs' Recommended Decision in its Order entered 9/30/09. On 10/5/09, Equitable advised the Commission that it is withdrawing from the portion of the settlement that was modified by the Commission. Equitable filed a Petition for Reconsideration of 10/15/09. Staff recommends that the Commission adopt the proposed Opinion and Order that grants Equitable's Petition for Reconsideration pending review of, and consideration on, the merits. Vote of 5-0 with no discussion.
- West Penn Power Co d/b/a Allegheny Power, 2123951-OSA, M-2009-2123951 Smart Meter Technology Procurement and Installation Plan (SMIP) filed on 8/14/09. Allegheny proposed an accelerated two-phase schedule that seeks a Commission decision by 12/23/09. ALJ Hoyer denied Allegheny's proposal for a certified question on waiving the ALJ's initial decision on Allegheny's initial phase and a separate schedule that calls for the issuance of a Recommended Decision on 1/29/10. Allegheny filed a Petition for Interlocutory Review and Answer to a Material Question with the Commission on 9/30/09. On 10/13/09, Allegheny filed a brief in support of the Petition and the OCA, the OSBA, and the DEP filed briefs in opposition to Allegheny's Petition. Staff recommends that the Commission adopt the proposed Opinion and Order that denies Allegheny's Petition. Vote of 5-0 with no discussion.
LAW BUREAU
- All matters approved as submitted.
ANNOUNCEMENTS
- Katherine Sophy will be going to the Law Bureau.
NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, NOVEMBER 5, 2009 AT 10:00 A.M.
* Denotes Order
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