Highlights: PA PUC Public Session of November 6, 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 November 6, 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, November 19, 2009 at 10:00 a.m.  The minutes of the Public Meeting of October 15, 2009, were, by a vote of 4-0 with Commissioner Gardner being absent, approved without modification.

BUREAU OF TRANSPORTATION & SAFETY

1. Paradise Transit, Inc., 2127185-TAS, A-2009-2127185.  Application to transport by motor vehicle, persons on schedule.  West Chester, Chester County.  Staff recommends that the Commission adopt the proposed order approving the application.  Vote of 4-0 with no discussion.

BUREAU OF AUDITS

1. All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

1. Cars R US v. Philadelphia Gas Works, 2033437-OSA, C-2008-2033437.  Formal Complaint filed on 2/29/08, alleging that gas had not been used in an unauthorized manner and should not be charged for such use.  On 6/11/09, ALJ Nguyen issued the Initial Decision dismissing the Complaint.  Exceptions were filed by the Complainant on 8/21/09.  Reply Exceptions were filed by the Respondent on 8/31/09.  Staff recommends that the Commission adopt the proposed Opinion and Order that denies the Exceptions and adopts ALJ Nguyen's Initial Decision, as modified by the proposed Opinion and Order, to dismiss the Formal Complaint.  Vote of 4-0 with no discussion.

BUREAU OF FIXED UTILITY SERVICES

1. All matters approved as submitted.

COMBINED BUREAU AGENDA

LAW BUREAU

1. CTC Communications Corp, 2039057-LAW, P-2008-2039057.  Petition for Protective Order regarding 2007 Annual Class C CLEC Report.  Staff recommends that the Commission adopt the order granting in part and denying in part the petition.  Vote of 4-0 with no discussion.

1. ACN Communication Services, Inc., 2109887-LAW, P-2009-2109887,
   P-2008-2039051.  Petitions for Protective Order regarding its 2007 and 2008 Annual Class C Reports.  Staff recommends that the Commission adopt the order granting in part and denying in part the petitions.  Vote of 4-0 with no discussion.

1. Cleartel Telecommunications Inc., 2109888-LAW, P-2009-2109888.  Petition for Protective order regarding its 2008 Annual CLEC Class C Report.  Staff recommends that the Commission adopt the order granting in part and denying in part the petition.  Vote of 4-0 with no discussion.

1. Proposed Policy Statement, 2065532-LAW, M-2008-2065532, L-2009-2104274.  Utility Service Outage Public Notification Guidelines, regarding EDC service outages and restoration practices.  This Proposed Policy Statement will be issued for comment.  Staff recommends that the Commission adopt the Proposed Policy Statement.  Joint Statement of Commissioner Pizzingrilli and Vice Chairman Christy is attached.  Vote of 4-0 with no further discussion.

1. Proposed Rulemaking, 2104274-LAW, L-2009-2104274, M-2008-2065532.  Revisions to 52 PA Code, Chapter 57, 59, 65, and 67, pertaining to Electric Distribution Companies Service Outage Response and Restoration Practices.  Staff recommends that the Commission adopt Proposed Rulemaking Order.  Joint Statement of Commissioner Pizzingrilli and Vice Chairman Christy is attached.  Vote of 4-0 with no further discussion.

OFFICE OF ADMINISTRATIVE LAW JUDGE

1. Abdol Rajaei Rizi vs. Verizon PA, 2040412-ALJ, F-2008-2040412.  Complaint filed on 4/3/08, alleging a billing dispute.  On 6/3/08, VZ filed a Preliminary Objection (PO) for a More Specific Pleading to which the Complainant did not file a response.  By Order dated 12/12/08, the PO was denied and VZ was ordered to file an answer.  VZ filed its answer 12/30/08.  On 4/17/09, a hearing was held.  Staff reviewed and advised that the Commission adopt ALJ Fordham's Initial Decision dismissing the complaint in its entirety with prejudice.  Motion of Commissioner Pizzingrilli that the ID be modified consistent with this Motion and that the OSA prepare an Order consistent with this Motion, is attached.  Vote of 4-0 with no further discussion.

1. Teresa Reich vs Met-Ed, 2060915-ALJ, C-2008-2060915.  Complaint filed on 8/27/08, alleging improper credit for payment and incorrect charges on her bill.  On 9/23/08, Met-Ed filed an Answer and New Matter.  Complainant requested two separate continuance's of hearings scheduled, which the Special Agent granted by Interim Orders.  On the day of the 4/24/09 rescheduled hearing, the Special Agent was unable to contact the complainant.  Staff reviewed and advised that the Commission adopt Special Agent Alexander's Initial Decision dismissing the complaint with prejudice for failure to prosecute.  Motion of Commissioner Pizzingrilli that the Initial Decision be modified consistent with this Motion, that the OSA prepare an Order consistent with this Motion, is attached.  Vote of 4-0 with no further discussion.

1. UGI Utilities, Inc., Annual Purchased Gas Cost filing of 6/1/09, proposed a PGC(1) decrease from this current rate that became effective 3/1/09.  The filing also proposed an average PGC(2) rate, which was a reduction from this current average rate that became effective 3/1/09.  On 8/13/09, a Stipulation in Settlement of Section 1307(f) Rate Investigation was filed, joined in or not opposed by all parties.  Under the Settlement, the proposed PGC(1) and the PGC(2) rates are to be reduced effective 12/1/09.  These proposed rates are subject to updates and modifications traditionally performed as part of the compliance filing.  Also, the Settlement provides for changes to UGI's Gas Beyond the Mains program, subject to the results of the ongoing investigation at M-2008-2072850.  Staff reviewed and advised that the Commission adopt ALJ Melillo's Recommended Decision approving the Settlement.  Statement of Chairman Cawley is attached.  Motion of Vice Chairman Christy that the Recommended Decision of ALJ Melillo issued on 9/23/09 be modified in accordance with this motion and that the OSA prepare an Opinion and Order consistent with this motion, is attached.  Vote of 4-0 with no further discussion.

1. Gary Meyers vs Duquesne Light CO, 2107081-ALJ, C-2009-2107081.  Complaint filed on 5/13/09, alleging an inability to pay for electric service.  On 5/29/09, DLC filed an Answer and New Matter.  A hearing was held 8/6/09.  Staff reviewed and advised that the Commission adopt Special Agent Alexander's Initial Decision dismissing the complaint with prejudice for failure to prosecute.  Motion of Commissioner Pizzingrilli that while agreeing with the Special Agent that the case should be dismissed, Conclusion of Law No. 2 must be stricken from the ID and that the ID be modified consistent with this Motion, that the OSA prepare an order consistent with this Motion, is attached.  Vote of 4-0 with no further discussion.

1. Denver & Ephrata Telephone and Buffalo Valley Telephone and Conestoga Telephone and D&E System Inc., 2109528-ALJ, A-2009-2109528, A-2009-2109530,
   A-2009-2109531, A-2009-2109532.  Joint Application for Transfer of Control filed on 5/21/09, for all approvals for the merger/transfer of control of the D&E entities to Windstream through the acquisition by Windstream of the D&E Entities' direct or indirect corporate parent, D&E Communications.  The filing was placed in the PA Bulletin 6/6/09.  Protests were filed to the Application.  On 9/8/09, a Joint Petition for Settlement was filed.  Staff reviewed and advised that the Commission adopt ALJ Weismandel's Initial Decision approving the Settlement.  Vote of 4-0 with no discussion.

CARRY-IN AGENDA

BUREAU OF AUDITS

1. All matters approved as submitted. 

OFFICE OF SPECIAL ASSISTANTS

1. Metropolitan Edison Co. Pennsylvania Electric Co., Petition filed on 2/20/09, seeking approval of proposed default service programs to provide default service for a 29-month period beginning 1/1/11.  On 6/22/09, ALJ Weismandel's Initial Decision denying the intervention of ARIPPA was issued.  After the development of an evidentiary record, the Parties filed a settlement disposing of all but two issues raised by the initial Petition.  RRI Energy, Inc. did not join in the Settlement but advised that it was not opposed.  On 9/29/09, the ALJ's Recommended Decision was issued, recommending approval of the settlement and disposed of the two litigated issues.  Exceptions were filed by ARIPPA, and by the OSBA and Direct Energy Svcs., Inc. and the Retail Energy Supply Association (RESA).  Replies to Exceptions were filed by the Companies, the York County Solid Waste and Refuse Authority, and Direct Energy Svcs. Inc. and RESA.  Staff recommends that the Commission adopt the proposed Opinion and Order which resolves all issues presented in the proceeding.  Statement of Chairman Cawley is attached.  Dissenting Statement of Vice Chairman Cawley is attached.  Vote of 3-1 with no further discussion.

LAW BUREAU

1. Co-Operative Legislative Committee et al vs Trustees of the Property of Penn Central Transportation Company, 1098439-LAW, C-00019522.  Order entered 8/1/73, directed that shoving operations at the Conway Yard should only be conducted when a trainman is positioned on the lead car.  In 2008, the Federal Railroad Administration issued a new regulation, which may impact this Order.  Staff recommends that the Commission adopt the proposed Order.  Vote of 4-0 with no discussion. 

COMMISSIONERS

1. Motion of Chairman Cawley, C-0019, A-2008-2076038.  Joint Application of the United Telephone Co., LLC d/b/a Embarq Pennsylvania and Embarq Comm., Inc., for approval of the indirect transfer of control to CenturyTel, Inc.  Motion of Chairman Cawley that the proposed incorporation of the FCC Order merger relating to change of control of Embarq be issued in the form of a Tentative Order subject to comments and reply comments, that interested and participating parties are instructed to file timely motions indicating whether the presence of material factual issues necessitates referral of this matter to the OALJ for appropriate and timely conduct of evidentiary hearings and issuance of a Recommended Decision, that OSA and Law Bureau are apprised to designate appropriate Staff for monitoring the proceeding and if submissions are made that necessitate an evidentiary hearing, Staff shall timely advise the PUC and issue the appropriate Secretarial Letter as needed for timely referral to the OALJ, the contemplated Tentative Order shall accommodate receipt of comments from interested and participating parties within twenty (20) days from issuance and receipt of replies within ten (1) days thereafter, that the OSA wit collaboration of the Law Bureau expeditiously prepare the appropriate Tentative order consistent with this Motion and that the Tentative Order be served on all interested and participating parties of record and the OALJ.  Vote of 4-0 with no further discussion.

1. Motion of Chairman Cawley, C-0020.  Policy Statement in support of Pennsylvania Solar Projects.  Motion of Chairman Cawley that the Law Bureau in collaboration with the Bureau of Conservation, Economics and Energy Planning, draft an appropriate order consistent with this Motion, that a stakeholder working group be formed as directed in the proposed Policy Statement, that the Order be published in the Pennsylvania Bulletin and served upon the OCA, OSBA, DEP, DCED and Electric Distribution Companies and Electric Generation Suppliers, is attached.  Statement of Commissioner Powelson is attached.  Vote of 4-0 with no further discussion.

SUPPLEMENTAL CARRY-IN AGENDA

OFFICE OF ADMINISTRATIVE LAW JUDGE

1. PA American Water Company, 2097323-ALJ, R-2009-2097323.  Supplement No. 226 to Tariff Water-Pa. P.U.C. No. 4, filed on 4/24/09, to become effective 6/23/09, containing proposed changes in rates, rules and regulations calculated to produce approximately 12.5% in additional annual revenues.  :By Commission Order entered 6/18/09, an investigation was instituted and the effective date was suspended until 1/23/10.  When the proposed revisions to Riders DIS and DRS Riders were withdrawn by PAWC, the complaints of the PMAA, the Municipal Authority of the Borough of West View and the Municipal Authority of the Township of Robinson became moot.  PAWC, OTS, OCA, OSBA, PAWLUG & A.K. Steel Corporation filed a Joint Petition for Settlement of Rate Investigation on 10/22/09.  Staff recommends that the Commission adopt ALJ Cynthia Williams Fordham's Recommended Decision approving the Settlement.  Statement of Commissioner Pizzingrilli is attached.  Vote of 4-0 with no further discussion.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, NOVEMBER 19, 2009 AT 10:00 A.M. 

* Denotes Order