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Highlights: PA PUC Public Session of January 12, 2012

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 12, 2012, 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 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 January 27 at 10:00 a.m.  The minutes of the Public Meeting of December 15, 2011, were, by a vote of 5-0, approved without modification.

MAIN AGENDA

BUREAU OF TECHNICAL SERVICES & BUREAU OF INVESTIGATION & ENFORCEMENT (Transportation)

  • Willow Grove Yellow Cab Co, Inc T/D/B/A Bux-Mont Yellow Cab & Bux-Mont Transp. Svc., 2123552-TAS, A-2009-2123552Application for the right to begin to transport as a common carrier by motor vehicle, persons in paratransit service.  RECOMMENDATION:  That the Commission adopt the proposed Order approving the application.  Vote 5-0.
  • Henderson Limousine Service Inc., 2246004-TAS, A-2011-2246004Application for the right to transport as a common carrier by motor vehicle, persons in group and party service in vehicles seating 11 to 15 passengers, including the driver. RECOMMENDATION:  That the Commission adopt the proposed Order approving the application.  Vote 5-0.
  • Prestige Limousines LLC, 2254314-TAS, A-2011-2254314Application for the right to transport as a common carrier by motor vehicle, persons in limousine service.  RECOMMENDATION:  That the Commission adopt the proposed Tentative Order denying the application.  The matter has been postponed to the 01/27/12 Public Meeting.  

BUREAU OF AUDITS

  • Peco Energy – Electric, 2157122-AUD, D-2010-2157122.  Auditor's Report on the Tariff Electric Universal Service Fund Charge for the Twelve Months Ended 12/31/08.  RECOMMENDATION:  That the Commission release the Audit Report to the public.  The matter has been postponed to the 01/27/12 Public Meeting.

DIRECTOR OF REGULATORY OPERATIONS

  • Standards for Electronic Data Transfer and Exchange Between EDCs and EGSs, 1121942-DIR, M-00960890F0015.  The Commission's Electronic Data Exchange Working Group (EDEWG), working with the Committee handling Activities for Retail Growth in Electricity (CHARGE) requested that the Office of Competitive Market Oversight (OCMO) seek the Commission's approval of two EDI change controls and direct all EDCs to implement these change controls within 12 months after the Commission's final approval of these change controls.  RECOMMENDATION:  That the Commission adopt this Tentative Order.  Vote 5-0.

OFFICE OF SPECIAL ASSISTANTS

  • Orlando Rivera vs. Philadelphia Gas  Works, 2164222-OSA, C-2010-2164222The matter was postponed from the 12/15/2011 Public Meeting.  Formal Complaint filed 3/9/10, alleging that PGW overbilled his account. On 4/26/10, PGW filed an Answer, which was dated 4/5/10, and which denied the material allegations of the Formal Complaint. On 6/10/11, an evidentiary hearing was held. On 10/7/11, the Commission issued the Initial Decision of ALJ Nguyen. The Complainant filed Exceptions on 10/31/11. PGW filed Reply Exceptions on 11/7/11.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order denying the Exceptions, dismissing the complaint and remanding the proceeding to the OALJ for the limited purpose of developing a record, and an Initial Decision on Remand.  Commissioner Gardner’s Statement, with which Chairman Powelson associates, is attached.  Vote 5-0.
  • Jacqueline Fielder vs. Verizon Pa, 2189352-OSA, C-2010-2189352.   The matter was postponed from the 12/15/2011 Public Meeting.  Formal Complaint filed on 7/19/10, alleging she had been billed for service from 2/09 through 7/10 while she did not have a dial tone service on two telephone lines. On 8/26/10 Verizon filed an Answer to the Complaint. The matter was assigned to ALJ Corbett for hearing. On 8/9/11, ALJ Corbett issued an Initial Decision which dismissed the Complaint. Exceptions were filed by the Complainant on 8/26/11. Reply Exceptions were filed on 9/12/11 by the Respondent.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that grants, in part, and denies, in part, the Exceptions and modifies the Initial Decision.  The matter has been postponed to the 01/27/12 Public Meeting.
  • Gerald S. Lepre Jr vs. Equitable Gas Company, 2189362-OSA, C-2010-2189362.  Complaint filed on 7/19/10, alleging improper billing and improper termination of service. On 8/6/10, the Respondent filed a Certificate of Satisfaction which noted that all matters had been settled. On 8/12/10, the Complainant filed an Objection to the Certificate, requesting that the Complaint be reinstated. On 9/14/10, the Respondent filed an Answer to the Complaint. A hearing was held. In his Initial Decision, issued on 3/18/11, ALJ Johnson recommended that the Complaint be dismissed as settled, and that the matter be closed. The Complainant filed Exceptions to the Initial Decision and the Respondent filed Reply Exceptions. In an Order entered 8/12/11, the Commission: (1) granted in part and denied in part the Complainant's Exceptions; (2) modified the Initial Decision; and (3) denied the Complaint. On 11/10/11, the Complainant filed a Petition for Reconsideration.  No response has been filed.  RECOMMENDATION:  That the Commission adopt a proposed Opinion and Order which denies the Petition.  Commissioner Cawley’s Motion is attached.   Vote 5-0. 
  • Bur of Transportation & Safety vs. Capital City Cab Co., 2201231-OSA, C‑2011‑2201231.  The matter was postponed from the 12/15/2011.  Complaint filed on 9/27/10, by an individual who alleged that the Respondent’s meter was not running and that they were overcharged. Following an investigation, BTS instituted a Complaint against the Respondent on 5/16/11, alleging that the Respondent violated 66 Pa. C.S. § 1303, and 52 Pa. Code § 29.314(b)(7), by not charging in accordance with its current rates on file with the Commission, and by not using a meter to charge a passenger the proper rate. Additionally, during the course of the investigation, the Respondent was unable to provide the driver’s log, in violation of 52 Pa. Code §29.313(c). BTS sought a total civil penalty of $300 for the violations. On 10/24/11 a Settlement Agreement was filed, which reduced the proposed penalty of $300 to $150.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order which approves the proposed Settlement.  Vote 3-2, with Chairman Powelson and Commissioner Witmer dissenting. 
  • Bur of Transportation & Safety vs. Best Value Limousine, Inc., 2209028-OSA, C‑2011-2209028.  Vote 4-1, with Commissioner Witmer dissenting.  Complaint instituted on 6/23/11, alleging that the Respondent operated two vehicles that were older than eight model years old, without a waiver, and charged a higher rate than that on file with the Commission. BTS sought a total civil penalty of $1,500 for the violation, as well as a $37 refund for the overcharge. The Respondent filed an Answer on 7/11/11. On 11/10/11, the Respondent and the Commission’s Law Bureau Prosecutory Staff, representing BTS, filed a Settlement Agreement in order to satisfy the Complaint. As part of the Settlement, the proposed penalty of $1,500 would be reduced to $750. The Respondent also agreed to refund $37 for the overcharge.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order which approves the proposed Settlement.  Vote 4-1, with Commissioner Witmer dissenting.

BUREAU OF TECHNICAL UTILTIY SERVICES

  • All matters approved as submitted.

LAW BUREAU

  • Licensing Requirements for Natural Gas Suppliers, 2266832-LAW, L-2011-2266832By motion adopted at the 10/14/11 Public Meeting, the Commission directed the initiation of a proposed rulemaking to review the exemption from NGS licensing requirements for marketing services consultants and nontraditional marketers at § 62.101 and § 62.102.   RECOMMENDATION:  That the Commission adopt the proposed Rulemaking Order.  Commissioner Cawley’s Statement, with which Vice Chairman Coleman associates, and Commissioner Witmer’s Statement are attached.  Vote 5-0.

OFFICE OF ADMINISTRATIVE JUDGE

  • Wanda M. Ramaley vs. Penn Power, 2152571-ALJ, C-2010-2152571.  Formal Complaint filed on 1/14/10, alleging a customer service issue surrounding the termination of services on an account in which the ratepayer was a corporation, Cowshed, Inc. On 2/4/10, Penn Power filed an Answer to the Complaint and New Matter. A hearing was held on 9/7/11.  COMMISSION REVIEW:  That the Commission adopt ALJ Dunderdale’s Initial Decision dismissing the formal complaint.  Vice Chairman Coleman’s Conflicts Statement is attached.  Vote 5-0.
  • Lidia Herrera vs. PPL Electric Utilities Corp., 2198869-ALJ, F-2010-2198869.  Formal Complaint filed on 9/13/10, alleging an inability to pay for electric service and requested a payment arrangement. PPL filed an Answer on 10/7/10.  A hearing was held 12/13/10.  COMMISSION REVIEW:  That the Commission adopt Special Agent Alexander’s Initial Decision sustaining the complaint.  Commissioner Gardner’s Motion is attached.  Vote 5-0.
  • Jallah Buku vs. Peco Energy Company, 2243597-ALJ, F-2011-2243597.   Formal Complaint filed on 5/16/11, alleging an inability to pay for electric service and requested a reasonable payment plan that would consider his income. On 6/15/11, PECO filed an Answer to the 5/16/11 formal complaint. A hearing was held on 9/16/11.  COMMISSION REVIEW:  That the Commission adopt ALJ Jones' Initial Decision dismissing the complaint without prejudice.  Vote 5-0.
  • Veolia Energy Philadelphia, Inc., 2255147-ALJ, M-2011-2255147Steam Cost Rate Section 1307(e) Reconciliation Statement filed on 7/29/11, for the twelve-month period ended 6/30/11.  A hearing was held on 9/19/11.  COMMISSION REVIEW:  That the Commission adopt ALJ Buckley’s Recommended Decision accepting the Statement, insofar as it is undisputed.  Commissioner Cawley’s Motion is attached.  Vote 5-0. 

CARRY-IN AGENDA

OFFICE OF SPECIAL ASSISTANTS

  • All matters approved as submitted.  

LAW BUREAU

  • Act 127-Gas & Hazardous Liquids Pipelines Act, 2282031-LAW, M-2012-2282031.  Governor Corbett signed on 12/22/11, the Gas and Hazardous Liquids Pipelines Act, Act 127 of 2011. The Act provides authority to the Commission to enforce Federal pipeline safety laws as they relate to non-public utility gas and hazardous liquids pipeline equipment and facilities within the Commonwealth of Pennsylvania. The Act enables the Commission to fund an increase in its complement of pipeline safety inspectors by assessments to be paid by Pennsylvania pipeline operators.  RECOMMENDATION:  That the Commission adopt the Tentative Order.  Chairman Powelson’s and Commissioner Witmer’s Joint Statement, with which Commissioner Gardner associates, is attached.  Vote 5-0.  

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, JANUARY 27, 2011 AT 10:00 A.M.

* Denotes Order

 

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