Highlights: PA PUC Public Session of June 3, 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 June 3, 2010 Public Meeting of the Pennsylvania Public Utility Commission (“Commission”), the Commissioners adopted Staff’s recommendations for action by a vote of 4-0 (with the vacant seat left by former Commissioner Pizzingrilli) 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 Wednesday, June 16 at 10:00 a.m.  The minutes of the Public Meeting of June 3, 2010, were, by a vote of 4-0, approved without modification.

CASES OF SPECIAL INTEREST

1. Transcend Inc. t/a Transcend Transportation Service, 2154830-TAS, A‑2012154830.  Application for the right to begin to transport as a common carrier by motor vehicle, persons in paratransit service.  Hunt Valley, Maryland.  Staff recommends that the Commission adopt the proposed Order approving the Application.  Vote of 4-0.

BUREAU OF TRANSPORTATION & SAFETY

1. Jeffrey L. Curry, 2167229-TAS, A-2010-2167229.  Application for the right to transport as a common carrier by motor vehicle, persons in limousine service.  Lewistown, Mifflin County.  Staff recommends that the Commission adopt the proposed Order approving the application.  Vote of 4-0.

BUREAU OF ADMINISTRATIVE SERVICES

1. Evaluation of Proposals, 2172251-BAS (PP from 05/20/2010).  Administrator for the Alternative Energy Credit Program as required by the Alternative Energy Portfolio Standards Act of 2004.  The Pennsylvania PUC is authorized to retain an independent program administrator to create and administer an alternative energy credits certification, tracking, and reporting program.  Staff recommends that the Commission approve the selected vendor.  Dissenting statement from Vice Chairman Christy; Commissioner Robert Powelson disagrees with Christy.  Vote 3-1, with a dissenting statement from Vice Chairman Christy with Commissioner Powelson agrees.  Commissioner Gardner’s Statement and Vice Chairman Christy’s Dissenting statement are attached.

BUREAU OF AUDITS

1. All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

1. Lifestyle Limousine, Inc., 1185971-OSA, A-00120807.  Petition for Reinstatement filed on March 31, 2010, in connection with a prior November 16, 2009 Petition for Reinstatement, which was conditionally granted by Commission Order entered December 7, 2009.  That Order conditioned reinstatement upon the Petitioner filing proof of insurance and payment of an outstanding $100 penalty by February 5, 2010.  On January 26, 2010 the outstanding penalty was paid; however, proof of insurance was not filed until March 3, 2010.  Subsequently, the instant petition was filed in order for the Petitioner to present its argument for the delay in submitting proof of insurance.  On April 22, 2010, BTS filed an Answer to the Petition.  The staff recommends that the Commission adopt the proposed Opinion and Order, which grants the Petition.  This matter has been postponed until Public Meeting of June 16, 2010.

1. Pennsylvania Electric and 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.  Response to the Commissioner’s March 3, 2010 Order and a Request for Approval of Cost Tracking and Generation Rate Mitigation Procedures, filed on April 2, 2010.  The March 3, 2010 Order directed the Companies to establish a separate account for all marginal loss revenues and related interest and carrying charges collected from ratepayers and to submit a recommendation to the Commission on how they will mitigate future generation rate increases, commencing January 1, 2011, by utilizing the funds accumulated in the separate account(s).  Other Parties of record have not responded to the Companies filing.  The staff recommends that the Commission adopt the proposed Opinion and Order which grants the Companies Request for Approval of Cost Tracking and Generation Rate Mitigation Procedures.  Vote of 3-0 with Commissioner Powelson abstaining.

1. Pike County Light & Power Co-Electric, 2044561-OSA, P-2008-2044561, Opinion and Order entered on March 23, 2009, approving Pike’s Amended Petition for Approval of its Default Service Implementation Plan.  The Commission noted that the issue of placement of customers now served by Direct Energy Services, LLC’s Aggregation Program, once that Program concludes on May 31, 2011, remained outstanding.  That issue was retained by ALJ Jandebeur for litigation by the Parties.  On October 21, 2009, ALJ Jandebeur’s Recommended Decision was issued, which recommended Decision was issued, which recommended that customers remaining on Direct Energy’s Aggregation Program as of May 31, 2011, would be moved to Pike’s default service program unless they affirmatively choose to stay with Direct Energy or move to another EGS.  Exceptions were filed by Pike and Direct Energy.  Reply Exceptions were filed by the OCA and OSBA.  The staff recommends that the Commission adopt the proposed Opinion and Order which denies the Exceptions of Pike County and Direct Energy and adopts the Recommended Decision, consistent with the proposed Opinion and Order.  This matter has been postponed until Public Meeting of July 15, 2010.

1. PPL Electric Utilities Corp., 2060309-OSA, P-2008-2060309, Petition for Expedited Approval to Amend the Supply Mater Agreement for Allocation of Auction Revenue Rights Under the Default Service Procurement Plan filed on April 30, 2010.  This matter was previously approved by Commission Order entered June 30, 2009.  PPL requests that the Commission approve an Addendum to the Supply Master Agreement under its Default Service Procurement Plan.  None of the Parties served filed an Answer to the Petition.  The staff recommends that the Commission adopt the proposed Opinion and Order which grants PPL’s Petition for Expedited Approval.  This matter has been withdrawn by the Bureau.

BUREAU OF FIXED UTILITY SERVICES

1. Marianna & Scenery Hill Tel. Co. d/b/a Fairpoint Communications – 2010 Price stability Index/Service Price Index Filing, 2170433-FUS, P-2010-2170433.  No Tariffs were filed.  The staff recommends that the Commission adopt the proposed Order that approves this filing.  This matter was approved 4-0 with no further discussion.

1. North-Eastern PA Telephone Co. – 2010 Price Stability Index/Service Price Index filing, 2170440-FUS, P-2010-2170440.  No tariffs were filed.  The staff recommends that the Commission adopt the proposed Order that approves this filing.  This matter was approved 4-0 with no further discussion.

1. Lackawaxen Telecommunications Services Inc. – 2010 Price Stability Index/Service Price Index filing, 2170444-FUS, P-2010-217444.  No tariffs were filed.  The staff recommends that the Commission adopt the proposed Order that approves this filing.  This matter was approved 4-0 with no further discussion.

1. Hickory Telephone Co. – 2010 Price Stability Index/Service Price Index filing, 2170458-FUS, P-2010-2170458.  No tariffs were filed.  The staff recommends that the Commission adopt the proposed Order that approves this filing.  This matter was approved 4-0 with no further discussion.

LAW BUREAU

1. Cordia Communications Corp, 2014444-LAW, P-2008-2014444 (PP from 05/06/2010).  Petition filed on 10/1/08 for designation as an Eligible Telecommunications Carrier (ETC) for applicable federal universal service funding purposes.  Notice was published in the PA Bulletin on 1/31/09.  Comments were filed by OCA on 2/9/09.  Cordia filed Reply Comments on 3/26/09.  Staff recommends that the Commission deny the petition without prejudice, initiate a proceeding to issue a Policy Statement on the standards applicable to ETC designation and recertification, and initiate on investigation into the practice of paper billing fees.  Vote 4-0 with no further discussion.

1. Borough of Pleasantville, 2157896-LAW, P-2010-2157896.  Petition for a Declaratory Order filed on 2/12/10, in that its extra-territorial service is not subject to the Commission’s jurisdiction.  The Borough operates a municipal water utility that serves customers outside its municipal boundaries.  Service of these extra-territorial customers is subject to the Commission’s jurisdiction.  The staff recommends that the Commission adopt the Tentative Order.  This matter has been postponed until Public Meeting of June 16, 2010.

OFFICE OF ADMINISTRATIVE LAW JUDGE

1. National Fuel Gas Distribution, 2099182-ALJ, P-2009-2099182.  Petition filed on 3/31/09, requesting approval of a purchase of receivables program to be offered to natural gas suppliers and requesting approval to unbundle gas supply related uncollectible costs from base rates, and recover those costs through MFC charges.  As a result of numerous Mediation Sessions held on 5/7/10, the parties filed a Joint Petition for Settlement of All Issues and Request for Certification of the Settlement to the PA PUC for Review and Approval.  Among other things, the Joint Petition includes a Statement in Support on behalf of each of the Joint Petitioners.  Commission review:  that the Commission adopts ALJ Weismandel’s Recommended Decision approving the Settlement.  Vote 3-1 with attached dissenting statement of Vice Chairman Christy. 

1. PECO Energy Company – Electric, 2123944-OSA, M-2009-2123944.  Opinion and Order entered 5/6/10; the Commission addressed PECO’s initial Smart Meter Plan.  The 5/6/10 Order, inter alia, directed PECO and invited interested parties to file Comments on the adequacy and timeliness of PECO’s current interval data usage processes and the appropriateness of requiring PECO to implement electric data interchange historical interval usage protocols.  Comments were timely filed by PECO, Constellation NewEnergy, the Retail Energy Supply Association and EnerNOC, Inc.  The staff recommends that the Commission adopt the proposed Opinion and Order that, inter alia, directs PECO to work with the Commission’s EDEWG to develop EDI transactions by 1/1/11.  Vote 3-1 with Vice Chairman Christy’s dissenting statement attached.

ANNOUNCEMENTS

1. Administrative Law Judge Robert Meehan is retiring.

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR WEDNESDAY, JUNE 16, 2010 AT 10:00 A.M.

* Denotes Order