Highlights: PA PUC Public Session of January 28, 2010

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 January 28, 2010 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, February 11, 2010 at 10:00 a.m.  The minutes of the Public Meeting of December 17, 2009, were, by a vote of 5-0, approved without modification.

BUREAU OF TRANSPORTATION & SAFETY

• Bureau of Transportation and Safety vs. Joseph T. Bert T/A Berg’s Limousine Service, 2086031-TAS, C-2009-2086031.  Complaint alleging respondent abandoned or discontinued airport transfer and limousine service without having first filed an application to discontinue service.  Staff recommends that the Commission adopt the proposed order directing that the complaint be sustained and that the certificate be canceled.  This matter has been withdrawn by the Bureau of Transportation and Safety.

• Rescue Tech, Inc., 2123259-TAS, A-2009-2123259.  Application for the right to begin to transport as a common carrier by motor vehicle, persons in paratransit service.  Huntingdon Valley, Bucks Count.  Staff recommends that the Commission adopt the proposed order approving the application.  Vote of 5-0 with no discussion.

BUREAU OF AUDITS

• Pike County Light & Power, 2085507, D-2009-2085507.  Focused Management and Operations Audit.  Staff recommends that the Commission make the Audit Report and PCL&P’s Implementation Plan public.  Statement by Commissioner Pizzingrilli commending the audit staff for their work and also commends Pike County for its commitment for safety and quality of service, is attached.  Vote of 5-0 with no further discussion.

OFFICE OF SPECIAL ASSISTANTS

• Choice One Communications of PA and CTC Communications Corp vs. Verizon PA Inc. and Verizon North Inc., Formal Complaints filed on 2/22/08, alleging imposition of unlawful charges for Access Toll Connecting (ATC) tandem trunk ports.  Verizon denied the allegations, and the Complaint was assigned to the OALJ for evidentiary hearings.  ALJ Weismandel’s Initial Decision was issued on 6/2/09, in which he sustained One Communications’ Complaint and ordered Verizon to discontinue, inter alia, imposition of the ATC tandem trunk port charges.  Exceptions were filed by Verizon and Reply Exceptions were filed by One Communications.  Staff recommends that the Commission adopt the proposed Opinion and Order which denies Verizon’s Exceptions and adopts ALJ’s Initial Decision.  Vote of 5-0 with no discussion.

• Pennsylvania Electric Co & Met Ed, 2036188-OSA, M-2008-2036188,
  C-2008-2041260, C-2008-2042292, C-2008-2042426, M-2008-2036197, C-2008-2041212, C-2008-2042277, C-2008-2042339.  Initial Transmission Service Charge (TSC) filed on 4/14/08.  Penelec’s filing is in Supplement No. 5 to its Tariff Electric-Pa P.U.C. No. 79, and Met Ed’s filing is in Supplements Nos. 5 and 6 to its Tariff Electric-Pa P.U.C. No. 50.  Complaints to Penelec’s TSC were filed by OSBA, the Met Ed Industrial Users Group, the Penelec industrial Customer Alliance, and OCA.  Penelec filed timely answers to the Complaints of the OSBA, the OCA and the MEIUG/PICA.  Complaints to Met Ed’s TSC were filed by the OSBA, the MEIUG, the PICA and the OCA.  Met Ed filed timely answers to the Complaints.  On 8/11/09, the Recommended Decision of ALJ Meehan was issued.  Exceptions and Reply Exceptions were filed by various Parties.  Staff recommends that the Commission adopt the proposed Opinion and Order which modifies the Recommended Decision and denies the Exceptions filed by the parties.  Motion by Chairman Cawley that the Exceptions by MEIUG, PICA, OCA and OSBA be granted, the Recommended Decision of ALJ Meehan be modified consistent with this Motion, the Companies be directed to work with the parties and file a petition to retain any over-collection, with interest, until 2011 in a segregated account and the OSA prepare an order consistent with this Motion, is attached.  The Dissenting Statement of Commissioner Powelson is attached with Commissioner Pizzingrilli concurring with Commissioner Powelson’s statement.  Vote of 3-2 with no further discussion.

• Metropolitan Edison Co., Pennsylvania Electric Co., Pennsylvania Power Co., 2092222-OSA, M-2009-2092222, M-2009-2112952, M-2009-2112956.  Revised Energy Efficiency & Conservation Plans filed on 12/2/09.  The OSBA filed Comments and FirstEnergy filed Reply Comments.  Corrected Revised Plans were filed 12/23/09 and the OSBA and OCA filed comments.  Staff recommends that the Commission adopt the proposed Opinion and Order, which approves in part and rejects in part the Revised Plans.  The Statement of Commissioner Gardner is attached.  Vote of 5-0 with no further discussion.

• Robin White vs. Columbia Gas, 2091658-OSA, F-2009-2096158.  Formal Complaint filed on 3/16/09, alleging that he was overcharged for service at his residence.  Respondent filed an Answer to the Complaint on 4/15/09, wherein it denied the material allegations of the Complaint.  A telephonic hearing was held on 7/9/09, before ALJ Dunderdale.  By Initial Decision issued on 11/5/09, the ALJ sustained in part and dismissed in part the Complaint.  The ALJ assessed a $250 civil penalty against Respondent for failure to provide sufficient and reasonable customer service.  The Respondent filed Exceptions to the Initial Decision on 11/25/09.  No Reply Exceptions were filed.  Staff recommends that the Commission adopt the proposed Opinion and Order which grants the Exceptions and reverses and modifies the ALJ’s Initial Decision.  This matter has been postponed until Public Meeting of February 11, 2010.

• PPL Electric Utilities Corp., 2122718-OSA, R-2009-2122718.  Supplement No. 71 to Tariff Electric-Pa. P.U.C. No. 201, filed on 7/31/09, to become effective 1/1/10  Supplement No. 71 proposes to implement a new optional time-of-use (TOU) program for residential and small commercial and industrial customer classes.  PPL requested expedited consideration of this filing by 10/1/09.  On 10/30/09, PPL filed Supplement No. 74 to suspend Supplement No. 71 until 1/1/10.  ALJ Salapa conducted the initial hearing as scheduled on 11/9/09.  PPL, the OTS, the OCA, the SEF, Richards and the OSBA were represented by counsel, Epstein appeared pro se.  PPL, OTS, OCA, OSBA, SEF and Epstein filed their main briefs on 11/18/09 and reply briefs on 11/24/09.  The record closed on 11/24/09, upon the filing of reply briefs.  On 12/10/09, the Commission issued the ALJ’s Recommended Decision.  On 12/21/09, PPL filed Exceptions to the ALJ’s Decision and on 12/28/09, the OCA, the OSBA and the SEF filed Reply Exceptions.  Staff recommends that the Commission adopt the proposed Opinion and Order.  Motion of Chairman Cawley that PPL be directed to recover all costs specific to its TOU program through its default service tariffs, that PPL not be permitted to recover its TOU program costs through the Consumer Education Plan and Energy Efficiency and Conservation Plan surcharges, that PPL be directed to seek recovery of any additional TOU program costs by an appropriate filing with the Commission, with service upon all parties, containing the amount and description of TOU program costs and an update of Total Resource Cost parameters to reflect any such increased costs or revised benefits, that the Recommended Decision of ALJ Salapa be modified consistent with this Motion and that the OSA prepare an Order consistent with this Motion, is attached.  The Motion of Commissioner Gardner that the Law Bureau prepare an Order consistent with this Motion is attached.  The Statement of Chairman Cawley is also attached.  Vice Chairman Christy supports the Motion of the Chairman and Commissioner Powelson associates himself with the Chairman’s Motion.  Vote of 5-0 with no further discussion.

BUREAU OF FIXED UTILITY SERVICES

• Time Warner Cable Information Services (PA), LLC, 2137838-FUS, A-2009-2137838, A-2009-2137818, A-2009-2137845, A-2009-2137846, A-2009-2137922, A-2009-2138058, A-2009-2138060, A-2009-2138083.  Application filed for approval to offer, render, furnish or supply telecommunication services as a detariffed facilities-based IXC throughout the Commonwealth of PA and as a CLEC in the non-rural service territories of Verizon PA , and Verizon North, and in the rural service territories of Citizens Telecommunications Company of NY; Frontier Communications - Commonwealth Telephone; Frontier Communications - Oswayo River; Pymatuning Independent Telephone; and Windstream PA in the Commonwealth of PA. Staff recommends that the Commission approve the Application consistent with the proposed Order.  Vote of 5-0 with no discussion.

LAW BUREAU

• Communications Workers of America, Petition for Declaratory Order filed on 10/13/09, asking the Commission to declare that the Commission has jurisdiction over the proposed transaction between Verizon Communications Inc. and Frontier Communications Inc., and that Frontier’s jurisdictional utilities must file an application pursuant to section 1102 of the Public Utility Code.  Staff recommends that the Commission adopt the proposed Order that denies the petition.  Vote of 4-1 with Vice Chairman Christy dissenting.

• Interim Guidelines for Filing of Electric Transmission Line Siting Applications, 2141293-LAW, M-2009-2141293.  Commission’s Utility Infrastructure Construction Working Group submitted a report on 7/29/09, recommending the initiation of a rulemaking proceeding to amend the Commissions’ transmission siting regulations and issue as interim guidelines certain specific directives to electric utilities applying for a transmission line siting.  This is related to recent developments at the federal level as well as our statutory obligation to maintain a transmission infrastructure that is adequate to meet the energy needs of PA.  Staff recommends that the Commission adopt the Tentative Order and Appendix A issuing interim guidelines regarding transmission line siting in PA.  Vote of 5-0 with no discussion.

DIRECTOR OF OPERATIONS

• Appointment, DIR-0002.  Bureau of Consumer Services.  Staff recommends that the Commission ratify the appoint of Alexis M. Bechtel, to the position of Director, Bureau of Consumer Services, effective February 8, 2010.  Vote of 5-0 with no discussion. 

CARRY-IN AGENDA

LAW BUREAU

• UGI Utilities Inc - Gas Division, 2149107-LAW, P-0209-2149107.  Joint Petition filed on 12/22/09, requesting (1) authorization to contribute the residential portion of the proceeds received from a settlement with the Tennessee Gas Pipeline Company to the UGI Operation Share Energy Fund; (2) approval of temporary modifications of certain portions of the Universal Service and Energy Conservation Programs of the UGI Companies to facilitate increased distributions of Operation Share funds by community-based organizations to low-income customers; and (3) a declaration that the use of the Tennessee Gas Pipeline Company refunds is fully consistent with the UGI Companies’ statutory obligations under 66 Pa. C.S. §§ 1307, 1317 and 1318, and was not found to be in conflict with these obligations in any future Section 13079f) proceedings.  Staff recommends that the Commission grant in part and deny in part the UGI Companies’ Joint Petition.  Motion of Commissioner Gardner that the Law Bureau prepare an Order consistent with this Motion is attached.  Vote of 5-0 with no further discussion.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, FEBRUARY 11, 2010 AT 10:00 A.M.

* Denotes Order