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Highlights: PA PUC Public Session of March 15, 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 March 15, 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 March 29 at 10:00 a.m.  The minutes of the Public Meeting of February 16, 2012, were, by a vote of 5-0, approved without modification.

MAIN AGENDA

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

  • Rover Community Transportation Inc., 2273451-TAS, A-2011-2273451.  Application for the approval of the transfer of the common carrier paratransit right held by Krapf's Coaches, Inc. Chester County RECOMMENDATION:  That the Commission adopt the proposed Order approving the application. The certificate issued to the transferor is to be canceled by Supplemental Order.  Vote 5-0.

BUREAU OF AUDITS

  • Newtown Artesian Water Co., 2286283-AUD, M-2012-2286283Purchased Water Adjustment Charge.  RECOMMENDATION: That the Commission approve Supplement No. 90 to Tariff Water-Pa. P.U.C. No. 9, reflecting a PWAC of $0.1237 per 1,000 gallons, effective 3/20/12.  Vote 5-0.

OFFICE OF SPECIAL ASSISTANTS

  • Bur of Transportation & Safety vs. Robert Levan t/a Night Moves, 2191735-OSA, A-2010-2191735.  The matter was postponed from the March 1, 2012 Public Meeting.  Complaint instituted on 3/6/09, alleging that the Respondent held himself out to transport household goods without having a Certificate. The Complaint requested that a civil penalty of $1,000 be imposed for the violation. On 3/24/09, the Respondent filed an Answer denying the allegation of the Complaint. On 8/31/11, the Respondent and BTS filed a Settlement Agreement in which the Respondent, inter alia, admitted the allegation and agreed to pay a civil penalty of $500. On 11/7/11, ALJ Buckley issued an Initial Decision that, inter alia, approved the Settlement as modified to increase the civil penalty to $5,000.  Exceptions were filed by the Respondent and the Law Bureau Prosecutory Staff, representing BTS. No reply exceptions have been filed.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that: (1) grants the Respondent's Exceptions; (2) grants BTS' Exceptions, in part, and denies them, in part; (3) modifies the Initial Decision; and (4) approves the proposed Settlement as submitted.  Chairman Powelson’s Motion is attached.  Vote 5-0.
  • Trans-Allegheny Interstate Line t/a TrailCo., A-2010-2187542, 2248532-OSA, A-2011-2248532.  The matter was postponed from the March 1, 2012 Public Meeting. Order entered on 11/14/11, granting the Application subject to certain conditions. On 11/29/11, EnerPenn filed a Petition for Reconsideration of the Commission’s Opinion and Order. On 12/1/11, the Commission entered an Order granting the Petition pending further review of, and consideration on, the merits.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order.  Vice Chairman Coleman’s Conflicts Statement is attached.  Vote 5-0.
  • Consolidated Communications Enterprise Services vs. Omnipoint Communications Inc Dba T-Mobile et al., 2210014-OSA, C-2010-2210014.  Complaint filed on 11/12/10, asking the Commission to determine the appropriate intercarrier compensation rate for the termination of T-Mobile's intra-MTA traffic. On 12/6/10 T-Mobile filed an Answer and Preliminary Objections. On 8/23/11 ALJ Buckley issued an Initial Decision sustaining the Preliminary Objections and dismissing the Complaint for lack of jurisdiction. On 9/12/11, both Parties filed Exceptions to the Initial Decision. On 9/22/11, both Parties filed Reply Exceptions. RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order.  Vote 5-0.
  • UGI Utilities, Inc. - Electric Division, 2210316-OSA, M-2010-2210316.  Secretarial Letter issued on 12/23/09, inviting four electric distribution companies, which are not subject to Act 129, to file voluntary EE&C Plans. On 11/9/10, UGI-Electric Division, filed a Petition seeking approval of a proposed EE&C Plan. By Opinion and Order entered 10/19/11, the Commission, inter alia, directed UGI to make specific revisions to its Plan. On 12/19/11, UGI filed a Revised Plan. No comments were filed on the Revised Plan.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order which, inter alia, approves the Revised Plan, subject to certain additional modifications to bring the Revised Plan into compliance with the October 2011 Order.  Commissioner Witmer’s Conflicts Statement is attached.  Vote 5-0.
  • Columbia Gas of Pa Inc., 2215623-OSA, R-2010-2215623, C-2011-2224941, C-2011-2224985, C-2011-2227004, C-2011-2230067, C-2011-2232186, C-2011-2224944, C-2011-2225050, C-2011-2225828, C-2011-2225878, C-2011-2227222.  Opinion and Order entered on 10/14/11, that approved a Joint Petition in Partial Settlement of Columbia's base rate proceeding, rejected Columbia 's proposed Levelized Distribution Charge and deferred consideration of the litigated issue concerning Columbia’s Customer Assistance Plan-Plus.  On 10/31/11, the PA Communities Organizing for Change (PCOC) filed a Petition for Reconsideration and/or Clarification of the Commission’s 10/14/11 Opinion and Order.  Answers to the Petition were filed by Columbia and the OCA on 10/7/11, and 10/8/11, respectively.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order which grants, in part, and denies, in part, PCOC’s Petition and modifies the ALJ’s Recommended Decision with regard to Columbia’s CAP-Plus Program.  Commissioner Witmer’s Conflicts Statement is attached.  Vote 5-0.
  • EnerPenn USA LLC d/b/a Yep & Yep Energy, 2248532-OSA, A-2011-2248532.   The matter was postponed from the March 1, 2012 Pubic Meeting.  Order entered on 11/14/11, granting the Application subject to certain conditions. On 11/29/11, EnerPenn filed a Petition for Reconsideration of the Commission’s Opinion and Order. On 12/1/11, the Commission entered an Order granting the Petition pending further review of, and consideration on, the merits.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order.  Commissioners Gardner’s and Cawley’s Joint Dissenting Statement is attached.  Vote 3-2.

BUREAU OF TECHNICAL UTILTIY SERVICES

  • Aqua Pennsylvania Inc, 2282709-FUS, A-2012-2282709.  Application filed on 12/28/11, for approval of the acquisition of certain water service assets in the Concord Park section of Bensalem Township from the Bucks County Water & Sewer Authority and the related transfer of 168 customers presently served by BCWSA from the acquired assets in Bensalem Township, Bucks County. No protests were filed and no hearings were held.  RECOMMENDATION:  The Commission adopt the proposed Order that approves the application.  Vote 5-0.
  • TDS Long Distance Corporation, 2286082-FUS, A-2012-2286082.  Application filed on 1/17/12, for approval to offer, render, furnish or supply telecommunication services as a detariffed Interexchange Toll Facilities-Based Carrier throughout PA. No protests were filed and no hearings were held.  RECOMMENDATION:  The Commission approve the application consistent with the proposed Order.  Vote 5-0.

LAW BUREAU

  • Rulemaking-Call Recording For Telephone Companies, 2123673-LAW, L-2009-2123673.  The matter was postponed from the March 1, 2012 Public Meeting.  Proposed Rulemaking Order was entered on 4/19/10, relative to the regulatory prohibition against call recording at 52 Pa. Code 63.137(2) relating to telephone companies. Comments have been received.  RECOMMENDATION:  That the Commission adopt the proposed final rulemaking Order.  Vote 5-0.
  • Implementation of Unconventional Gas Well Impact Fee Act 13, 2288561-LAW, M-2012-2288561.  Governor Corbett signed on 1/14/12, the Unconventional Gas Well Impact Fee Act, Act 13. The Act allows counties to pass ordinances to impose an impact fee on unconventional gas well producers and, alternatively, allows municipalities, to adopt resolutions compelling the imposition of fees, if a county fails to do so.  RECOMMENDATION:  That the Commission adopt the Tentative Implementation Order.  Vote 5-0.

OFFICE OF ADMINISTRATIVE JUDGE

  • All matters approved as submitted.

COMMISSIONERS OFFICE

  • Investigation RLEC Access Charge, 1189996-CMR, I-00040105, C-2009-2098380.  Combined Motion of Commissioner Cawley Investigation Regarding Intrastate Access Charges and IntraLATA Toll Rates of Rural Carriers and The Pennsylvania Universal Service Fund (Docket I-00040105); and AT&T Communications of Pennsylvania, et al., vs. Armstrong Telephone Company-Pennsylvania, et al., (Docket C-2009-2098380), and 
  • Implementation of FCC Order, 2291824-CMR, M-2012-2291824.  Combined Motion of Commissioner Cawley Implementation of the Federal Commission Order of 11/18/11, as Amended or Revised and Coordination With Certain Intrastate Jurisdictional Matters.  Commissioner Cawley’s Motion is attached.  Vice Chairman Coleman’s and Commissioner Witmer’s respective Conflicts Statements are attached.  Vote 5-0.

CARRY-IN AGENDA

BUREAU OF TECHNICAL UTILITY SERVICES

  • National Fuel Gas Distribution, 2271125-FUS, R-2011-2271125.  Supplement No. 121 to Tariff Gas – Pa. P.U.C. No. 9 filed on 11/3/11, proposing a number of revisions and updates to various sections of the tariff. Supplement No. 121 was originally filed to become effective on 1/2/12, but the effective date was voluntarily postponed to 3/14/12, and subsequently postponed again to 3/16/12.  RECOMMENDATION:  That the Commission adopt the proposed Order approving Tariff Gas – Pa. P.U.C. No. 9.  The matter has been withdrawn.

SUPPLEMENTAL CARRY-IN AGENDA

OFFICE OF ADMINISTRATIVE LAW JUDGE

  • All matters approved as submitted.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, MARCH 29, 2012 AT 10:00 A.M.

* Denotes Order

 

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