Highlights: PA PUC Public Session of February 11, 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 February 11, 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 25, 2010 at 10:00 a.m.  The minutes of the Public Meeting of January 14, 2010, were, by a vote of 5-0, approved without modification.

BUREAU OF TRANSPORTATION & SAFETY

1. All matters approved as submitted.

BUREAU OF CONSERVATION ECONOMICS & ENERGY PLANNING

1. PPL Electric Utilities, Corp, 1184225-CEP, M-00031715F0003.  Letter Petition for Approval of two appointments to the Board of Directors of the PPL Sustainable Energy Fund of Central Eastern PA.  Staff recommends that the Commission approve the appointments of Pamela C. Polacek and Kenneth L. Mickens to the PPL Sustainable Energy Fund’s Board of Directors.  This matter has been postponed until Public Meeting of February 25, 2010.

OFFICE OF SPECIAL ASSISTANTS

1. Brian Edward Price, 2023883-OSA, A-2008-2023883.  Application filed 1/2/08, requesting approval to provide paratransit service.  The Application was published in the PA Bulletin on 3/22/08.  Various Protests were filed, and the matter was assigned to the OALJ for disposition.  On 1/28/09, all Protests were disposed of by means of restrictive amendments, and OALJ referred the Application back to the BTS for processing under modified procedure.  Following numerous submittals of support documentation, as well as follow-up correspondence with BTS staff, the Application was dismissed by Commission Order entered 10/8/09, for failure to demonstrate need for the proposed service.  On 12/3/09, the Applicant filed a Petition for Reconsideration.  BTS did not file an Answer to the Petition.  Staff recommends that the Commission adopt the proposed Opinion and Order, which grants the Petition, imposes a 45-day deadline within which to submit acceptable support documentation, and refers the matter to BTS.  Vote of 5-0 with no discussion.

1. Digital 833 Chestnut LLC vs. Philadelphia Gas Works, 2076235-OSA,
   C-2008-2076235, C-2008-2076610, C-2008-2076623.  Formal Complaint filed on 11/19/08, seeking reimbursement for amounts paid after its agent failed to remit payments on its behalf.  PGW filed an Answer requesting the Commission to dismiss the Complaint.  In his Initial Decision, ALJ Koster recommended that the Complaint be dismissed with prejudice due to the Commission’s lack of jurisdiction over actions for breach of contract.  Digital 833 filed Exceptions and the Respondents each filed Reply Exceptions.  Staff recommends that the Commission adopt the proposed Opinion and Order which:  (1) denies Digital 833’s Exceptions; and, (2) adopts the Initial Decision as the action of the Commission.  This matter has been postponed until Public Meeting of February 25, 2010.

1. Digital 833 Chestnut, LLC vs. PECO Energy Company.  Formal Complaint filed on 11/19/08, seeking reimbursement for amounts paid after its agent failed to remit payments on its behalf.  On 6/16/09, PECO filed a Motion to Dismiss the Complaint.  Digital 833 filed an Answer thereto.  In his Initial Decision, ALJ Koster granted PECO’s Motion Digital 833 filed Exceptions to the Initial Decision and PECO filed Reply Exceptions.  Staff recommends that the Commission adopt the proposed Opinion and Order which denies Digital 833’’s Exceptions and adopts the Initial Decision.  This matter has been postponed until Public Meeting of February 25, 2010.

1. Digital 833 Chestnut, LLC vs. UGI Gas, 2076623-OSA, C-2008-2076623,
   C-2008-2076235, C-2008-2076610.  Formal Complaint filed on 11/19/08, seeking reimbursement for amounts paid after its agent failed to remit payments on its behalf.  On 5/26/09, UGI filed a Motion to Dismiss the Complaint.  Digital 833 filed an Answer thereto.  In his Initial Decision, ALJ Koster granted UGI’s Motion Digital 833 filed Exceptions to the Initial Decision and UGI filed Reply Exceptions.  Staff recommends that the Commission adopt the proposed Opinion and Order which denies Digital 833’’s Exceptions and adopts the Initial Decision.  This matter has been postponed until Public Meeting of February 25, 2010.

1. Robin White vs. Columbia Gas, 2096158-OSA, F-2009-2096158.  Formal Complaint filed 3/16/09, alleging an overcharge for service.  Respondent filed an Answer to the Complaint on 4/15/09, denying 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 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.  Motion of Commissioner Powelson that the Exceptions of Columbia Gas are granted in part and denied in part, that the Initial Decision of ALJ Dunderdale is modified consistent with the Motion and that the OSA prepare an Opinion and Order consistent with the Motion, is attached.  Vote of 5-0 with no further discussion.

COMBINED BUREAU AGENDA

LAW BUREAU

1. Philadelphia Gas Works, 2139884-OTS, R-2009-2139884, P-2009-2097639.  Supplement No. 36 to Gas Service Tariff - Pa. P.U.C. No. 2 filed on 12/18/09, to become effective 2/16/10, requesting an additional $42,500,000 in base rate revenues, or 5.06% to currently authorized base rate revenue.  The review of Tariff No. 36 also requires an analysis of the $60,000,000 authorized on an interim basis as determined by the Commission under Section 1308(e) of the Public Utility Code in PGW’s Emergency Rate Relief filing.  Staff recommends that the Commission institute an investigation and allow the filing to be suspended by operation of law for a period of 7 months, or through 9/16/10.  Adopt 5-0 to the extent that it is consistent with 2139884-FUS.

1. United Way of Pennsylvania, 2136921-LAW, P-2009-2136921.  Petition filed 10/19/09, requesting the assignment of the 211 abbreviated dialing code to the not-for-profit organization, PA 2-1-1, so that it can be the leading implementing agency of the 211 abbreviated dialing code for the provision of Information and Referral Services.  Staff recommends that the Commission adopt the Order that grants in part and denies in part the petition.  Statement of Vice Chairman Christy is attached.  Vote of 5-0 with no further discussion.

OFFICE OF ADMINISTRATIVE LAW JUDGE

1. Randy & Linda king vs. Met-Ed, 2038418-ALJ, C-2008-2038418.  Formal Complaint filed on 4/22/08, alleging Met-Ed will not continue to maintain the Complainants’ outdoor lighting located near their residence.  Met-Ed filed an Answer with New Matter on 5/20/08 requesting mediation.  A hearing was held on 5/21/09.  Commission Staff reviewed and advised that the Commission adopt ALJ Salapa’s Initial Decision denying the complaint.  This matter has been postponed until Public Meeting of February 25, 2010.

CARRY-IN AGENDA

OFFICE OF SPECIAL ASSISTANTS

1. West Penn Power Co., 2093218-OSA, M-2009-2093218.  EE&C Plan filed on 7/1/09.  By Order entered 10/23/09, the Commission, inter alia, approved, in part, and rejected, in part, the Plan.  The Commission required Allegheny to submit a revised EE&C Plan within 60 days.  A Revised plan was filed on 12/21/09.  Comments to the revised Plan were filed by the OSBA and the OCA.  Allegheny filed Reply Comments.  Staff recommends that the Commission adopt the proposed Opinion and Order, which approves Allegheny’ Revised EE&C Plan consistent with the Opinion and Order.  Motion by Chairman Cawley that Allegheny Power’s revised Act 129 Energy Efficiency and Conservation Plan be approved in part and denied in part consistent with the Motion, that Allegheny Power be directed to file a further revised Contract Demand Response Program with the Commission with 60 days, that Allegheny Power be directed to file any revisions required for its Customer Load Response Program to comply with this motion with the Commission within 60 days, that Allegheny Power be directed to provide a chart indicating its Revised Plan achievement of goals if its smart metering plan is not implemented during the initial EE&C plan period within 60 days and that the OSA prepare an Opinion and Order consistent with this Motion, is attached.  Vote of 5-0 with no further discussion.

1. Palmerton Telephone Company v. Global NAPS, Inc., et al., 2093336-OSA, C-2009-2093336.  Formal Complaint filed on 3/4/09.  On 4/20/09, ALJ Weismandel issued an Order joining Verizon PA, as an indispensible party in this case.  On 6/25/09, the Commission adopted the ALJ’s Initial Decision Imposing Sanctions on Global NAPs.  On 8/7/09, the ALJ issued his Initial Decision in this case.  On 8/31/09, Palmerton and Global NAPS filed Exceptions.  Verizon filed a letter stating that it would not be filing Exceptions.  On 9/10/09, Palmerton, Global NAPs and Verizon each filed Reply Exceptions.  Staff recommends that the Commission adopt the proposed Opinion and Order that adopts in part and modifies in part the Initial Decision of the ALJ.  Motion by Chairman Cawley that the Exceptions of PTC be granted consistent with this Motion, that within thirty days of entry of the PUC Order, PTC issue a final bill to Global NAPs consisting of all amounts owed for intrastate interexchange call traffic transported by Global NAPs and terminated at the facilities of PTC, that within thirty days of the bill issuance by PTC, Global NAPs shall make full payment to PTC with appropriate notification to the PUC and the participating parties in the proceeding, that if Global NAPs shall not make the payment to PTC, this matter shall be referred to the Law Bureau of the PUC for investigation and further action as deemed necessary, that Ordering Paragraph No. 7 of the Initial Decision, recommending the imposition of a $750 fine against Global NAPs for three violations of the Public Utility Code be adopted, that a civil penalty of $50,000 be imposed upon Global NAPs for failure to comply with the PUC’s June 25, 2009 Order Imposing Sanctions and that the OSA prepare the appropriate order consistent with this Motion, is attached.  The Statements of Vice Chairman Christy and Commissioner Gardner are attached.  Vote of 5-0 with no further discussion.

COMMISSIONERS

1. Motion of Commissioner Gardner, C-0003.  Requirements for Electric Generation Suppliers.  The Bureau of Fixed Utility Services shall prepare Secretarial Letters for each licensed EGS Supplier consistent with this Motion which is attached.  Vote of 5-0 with no further discussion.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, FEBRUARY 25, 2010 AT 10:00 A.M.

• * Denotes Order