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Highlights: PA PUC Public Session of March 29, 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 29, 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 April 12 at 10:00 a.m.  The minutes of the Public Meeting of March 1, 2012, were, by a vote of 5-0, approved without modification.



  • All matters approved as submitted.


  • All matters approved as submitted.


  • On Time Delivery Inc, 1072528-OSA, A-00106161.  Complaint instituted on 11/22/11, alleging that it failed to maintain evidence of insurance on file with the Commission. The Respondent was notified that, if an answer was not filed within 20 days of receipt of the Complaint, BI&E would request that the Commission impose a penalty. On 12/6/11, the Respondent's insurer filed evidence of insurance effective on 6/8/11, verifying that the Respondent did not have evidence on file with the Commission from 10/6/11 to 12/6/11. By Secretarial Letter of 1/24/12, the Respondent was directed to pay a civil penalty of $500. On 2/6/12, the Respondent filed the instant Petition to Appeal Staff Action. No response has been received.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order, which denies the Petition. The matter has been postponed to the 04/12/12 Public Meeting.
  • MXEnergy Electric, Inc., 2201861-OSA, M-2012-2201861.  The matter was postponed from the 03/15/12 Public Meeting.  Settlement Agreement filed on 1/6/12, with respect to an Informal Investigation conducted by the Prosecutory Staff focusing on MXenergy’s marketing of its residential electric generation supplier services and specifically its door-to-door sales practices. RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order seeking comments on the Settlement Agreement.  Joint Motion by Chairman Powelson and Commissioner Gardner is attached.  Vote 5-0.
  • Larry and Gail Newman vs. Philadelphia Gas Works, 2273565-OSA, C-2011-2273565.  Formal Complaint filed on 11/15/11, requesting that a municipal lien filed by the City of Philadelphia, on behalf of PGW for unpaid gas service, be removed from their property. On 12/8/11, PGW filed an Answer as well as Preliminary Objections and a Motion to Strike Impertinent Matter. The Complainants filed an Answer to the Preliminary Objections on 12/28/11. In an Initial Decision, issued 1/11/12, ALJ Nguyen found that the Commission did not have jurisdiction to adjudicate the municipal lien imposed on the Complainants’ property and dismissed the Complaint.  The Complainants filed Exceptions on 1/17/12. PGW filed Replies to Exceptions on 2/10/12.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order which denies the Exceptions and modifies the Initial Decision.  Commissioner Witmer’s Statement, with which Chairman Powelson associates, is attached.  Vote 5-0.


  • 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. However, NFG filed subsequent tariff supplements to voluntarily postpone the effective date of Supplement No. 121 to 3/14/12, 3/16/12, and 3/30/12.  RECOMMENDATION:  That the Commission adopt the proposed Order approving Tariff Gas – Pa. P.U.C. No. 9.  This matter has been withdrawn.
  • Aqua Pennsylvania, Inc., 2282704-FUS, A-2012-2282704.  Application filed on 12/28/11, for approval of (1) the acquisition by Aqua of the water system assets of Bristol Township situated in a portion of Bristol Township, Bucks County, and (2) the right of Aqua to begin to offer, render, furnish and supply water service to the public in an additional portion of Bristol Township, Bucks County. Proofs of publication and service to the appropriate entities were submitted. No protests were filed and no hearings were held.  RECOMMENDATION:  That the Commission adopt the proposed Order that approves the application.  Vote 5-0.
  • Mahanoy & Mahantango Tel and Sugar Valley Tel., 2290156-FUS, R-2012-2290156.  2012 combined Price Index/Service Price Index report filing and accompanying tariff supplements requesting an aggregate rate increase of $37,974. On 3/1/12, the subject report and tariff supplements were filed. No protests were filed and no hearings were held.  RECOMMENDATION:  The Commission adopt the proposed Order approving the report and proposed rate increases.  Vote 5-0.


  • Net Metering - Use of 3rd Party Operators, 2249441-LAW, M-2011-2249441.  With the passage of the Alternative Energy Portfolio Standards Act of 2004 (AEPS Act), this Commonwealth embarked on a policy of promoting alternative generation sources. To further this commitment, the Commission, in a Tentative Order, proposed that it be the policy of the Commission to interpret the term “operator” in the definition of “customer-generator” as including customer-generators with distributed alternative energy systems that contract with a third party to perform the operational functions of the system.  RECOMMENDATION:  That the Commission adopt the proposed Final Order.  Vote 5-0.


  • Roy Winston vs. Philadelphia Gas Works, 2181504-ALJ, C-2010-2181504.  Complaint was filed on 6/1/10, alleging incorrect charges on his gas bill. On 6/21/10, PGW filed an Answer. On 6/22/11, PGW filed a Petition for Continuance based upon the belief that the Complainant was deceased.  COMMISSION REVIEW:  That the Commission adopt ALJ Jones’ Initial Decision dismissing the complaint.  Commissioner Cawley’s Motion is attached.  Vote 5-0, with Vice Chairman Coleman concurring in result only.
  • Fairview Sanitation Co., 2248937-ALJ, R-2011-2248937.  Supplement No. 14 to Tariff Sewer - Pa. P.U.C. No. 1, filed on 10/28/11, to become effective 12/30/11, containing proposed changes in rates, rules, and regulations calculated to produce additional annual revenues based on a future test year ending 12/31/11.  On 12/15/11, the Commission issued an Order initiating an investigation into the lawfulness, justness and reasonableness of the proposed rates, and suspending the effective date until 7/30/12, by operation of law. The Company voluntarily extended the suspension date for sixty days or until 9/28/12. On 2/10/12, a Joint Petition for Settlement was filed.  COMMISSION REVIEW:  That the Commission adopt ALJ Long’s Recommended Decision approving the Settlement.  Vote 5-0.
  • Duquesne Light Company, 2276459-ALJ, M-2011-2276459.  Reconciliation Statement filed on 12/1/11, for its Universal Service Charge for the nine months ended 12/31/11. A hearing was held.  COMMISSION REVIEW:  That the Commission adopt ALJ Colwell’s Recommended Decision approving the Reconciliation, insofar as it is undisputed.  Chairman Powelson’s Motion is attached.  Vote 5-0.



  • All matters approved as submitted.


  • Vice Chairman Coleman’s appointment has been reconfirmed.
  • Danielle McNichol will be leaving Chairman Powelson’s staff in early April.



* Denotes Order



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