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Highlights: PA PUC Public Session of June 21, 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 June 21, 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 July 19 at 10:00 a.m.  The minutes of the Public Meeting of May 24, 2012, were, by a vote of 5-0, approved without modification.

MAIN AGENDA

BUREAU OF TECHNICAL UTILITY SERVICES (Transportation)

  • All matters approved as submitted.

DIRECTOR OF ADMINISTRATION

  • Pa Universal Service Fund Administrator, 2272902-BAS.  The matter was postponed from the 06/07/12 Public Meeting.  The Commission is seeking to secure an Administrator for the PaUSF for the next contracting period anticipated to be 7/1/12 through 6/30/16, with one optional year (at the Commission’s option) through 6/30/17.  RECOMMENDATION:  That the Commission approve the vendor selected by the Evaluation Committee.  Vote 5-0, with Commissioner Cawley dissenting in part and approving only due to bid price.

BUREAU OF AUDITS

  • All matters approved as submitted.

DIRECTOR OF REGULATORY OPERATIONS

  • Investigation of Pa's Retail Electricity Market, 2237952-DIR, I-2011-2237952.  Order amending the Final Order and Intermediate Work Plan adopted on 3/1/12, and provides for a revised schedule for the mailing of certain consumer education materials.  RECOMMENDATION:  That the Commission adopt the proposed Order which establishes the revised schedule.  Vote 5-0.

OFFICE OF SPECIAL ASSISTANTS

  • PPL Electric Utilities Corp, 2161694-OSA, R-2010-2161694, C-2010-2171967, C-2010-2174138, C-2010-2176959, C-2010-2174117, C-2010-2172723, C-2010-2171487, C-2010-2204823, C-2010-2179405, C-2010-2177233, C-2010-2187127.  The matter has been postponed from the 06/07/12 Public Meeting.  Order entered 12/21/10, approving a partial settlement of PPL's base rate proceeding and disposing of other issues. On 1/13/11, the Order was entered granting a petition for reconsideration pending further consideration of the merits that had been filed by the PPL Industrial Customer Alliance. On 4/27/11, an Order was entered remanding the proceeding to the OALJ.  On 1/27/12, ALJ Colwell issued a Recommended Decision on Remand that denied PPLICA's request for a special rate for Donsco, Inc. On 2/16/12, PPLICA filed Exceptions to the Recommended Decision on Remand. On 2/27/12, PPL and the OSBA filed Reply Exceptions.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order denying the Exceptions.  Commissioner Witmer’s Conflicts Statement is attached.  Vote 4-1, with Commissioner Cawley dissenting. 

BUREAU OF TECHNICAL UTILITY SERVICES

  • Just Energy Pennsylvania Corp., 2097544-FUS, A-2009-2097544.  Application filed on 6/10/11, for approval to amend its electric generation supplier license to serve as a supplier and a broker/marketer and aggregator engaged in the business of supplying electricity for residential, small commercial (25kw demand and under) and large commercial (over 25kw demand) customers in all electric distribution company service territories within PA.  RECOMMENDATION:  That the Commission adopt the proposed Order which approves the application amendment.  Vice Chairman Coleman’s Conflicts Statement is attached.  Vote 5-0.
  • North-Eastern Pa Telephone Co., 2298950-FUS, R-2012-22989502012 Annual Price Stability Index and Service Price Index and Tariff Supplement No. 135 to Tariff PA PUC No. 9, filed on 5/1/12, requesting a $6,766 increase from the application of the Service Price Index change.  No protests were filed and no hearings were held.  RECOMMENDATION:  The Commission adopt the proposed Order approving the proposed rate increase.  Vote 5-0.
  • Hickory Telephone Co., 2012 Annual Price Stability Index and Service Price Index and Tariff Supplement No. 139 to Tariff PA PUC No. 6, filed on 5/1/12, requesting a $16,868 increase from the application of the Service Price Index change.  No protests were filed and no hearings were held.  RECOMMENDATION:  The Commission adopt the proposed Order approving the proposed rate increase.  Vote 5-0.
  • Bentleyville Communications Corp., 2298969-FUS, R-2012-22989692012 Annual Price Stability Index and Service Price Index and Tariff Supplement No. 96 to Tariff PA PUC No. 6, filed on 5/1/12, requesting a $25,669 increase from the application of the Service Price Index change.  No protests were filed and no hearings were held.  RECOMMENDATION:  The Commission adopt the proposed Order approving the proposed rate increase.  Vote 5-0.
  • Marianna & Scenery Hill Tel Co., 2298973-FUS, R-2012-2298973.  2012 Annual Price Stability Index and Service Price Index and Tariff Supplement No. 112 Tariff PA PUC No. 6, filed on 5/1/12, requesting a $28,439 increase from the application of the Service Price Index change.  No protests were filed and no hearings were held.  RECOMMENDATION:  The Commission adopt the proposed Order that approves this filing.  Vote 5-0.
  • Penn Estates Utilities And Utilities Inc., 2299394-FUS, A-2012-2299394, A-2012-2299431, A-2012-2299433, A-2012-2299434 Joint Application filed on 4/3/12, for approval of a transfer of membership interests resulting in an indirect change of control of Utilities, Inc.’s Pennsylvania subsidiaries. No protests were filed and no hearings were held.  RECOMMENDATION:  That the Commission adopt the proposed Order which approves the transfer of membership interests resulting in an indirect change of control of Penn Estates Utilities, Inc., Utilities, Inc. of Pennsylvania and Utilities, Inc. – Westgate.  The matter has been withdrawn by the Bureau of Technical Utility Services. 
  • Sunoco Pipeline, L.P., 2301882-FUS, R-2012-2301882.  General Rate Case filed on 4/30/12, proposing an annual increase in rates of $999,954 (3.95%), to become effective 7/1/12.  RECOMMENDATION:  That the Commission adopt the proposed Order that approves the rate increase.  Vote 5-0.
  • Consolidated Communications of Pennsylvania Company, 2303551-FUS, R-2012-2303551, P-00981437F1000.  2012 Price Stability Index/Service Price Index Report filed on 4/26/12. No tariffs were filed. No protests were filed and no hearings were held.  RECOMMENDATION:  The Commission adopt the proposed Order approving the filing.  Vote 5-0.
  • Consolidated Communications of Pennsylvania Company, 2305080-FUS, S-2012-2305080.  Securities Certificate filed on 5/17/12, with respect to the guarantee of debt in a principal amount up to $300 million. No protests were filed and no hearings were held. An amendment to the securities certificate was filed on 6/8/12, decreasing the principal amount from $350 million to $300 million and setting the interest rate at 10.875%.  RECOMMENDATION:  That the Commission adopt the proposed Order.  Vote 5-0.
  • MIPC LLC and Phillips 66 Pipeline LLC, 2307013-FUS, A-2012-2307013, A-2012-2307015.  Joint Application filed on 5/25/12, for approval of: (1) the transfer of petroleum products pipeline assets of Phillips 66 Pipeline LLC to MIPC, LLC under Section 1102(a)(3) of the Public Utility Code; (2) the abandonment of all Pennsylvania regulated services by Phillips 66 Pipeline LLC under Section 1102(a)(2) of the Public Utility Code; and (3) the intrastate transportation or conveyance of crude oil, gasoline or petroleum products by MIPC, LLC. 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.  Chairman Powelson’s Statement, with which Commissioner Witmer associates, is attached.  Vote 5-0.

LAW BUREAU

  • Amendment of PUC Rules of Practice & Procedure - 52 Pa Code Chapters 1, 3 & 5, 2296005-LAW, L-2012-2296005.  The Procedural Rules Committee and the Law Bureau have recommended amending certain procedural rules to address problems with the regulations and to reduce the number of paper copies filed with pleadings.  RECOMMENDATION:  That the Commission approve the proposed Order.  The matter has been postponed until the 07/19/12 Public Meeting. 
  • Penn Estates Utilities and Utilities Inc., 2299711-LAW, P-2012-2299711, P-2012-2299712, P-2012-2299713, P-2012-2299714.  Petition for Protective Order filed on 4/13/12, requesting that the Commission restrict the disclosure of proprietary and highly confidential information contained in Exhibits to the Joint Application that had been filed in accordance with 66 Pa. C.S. § 1102(a)(3) at Docket Nos. A-2012-2299431, A-2012-299433, A-2012-2299434, and A-2012-2299394 in which they requested the Commission to approve a transaction that would result in a change of control of Utilities, Inc., and its PA subsidiaries.  RECOMMENDATION:  That the Commission grant the Petition.  The matter has been withdrawn by the Law Bureau.

OFFICE OF ADMINISTRATIVE LAW JUDGE

  • All matters approved as submitted.

CARRY-IN AGENDA

OFFICE OF SPECIAL ASSISTANTS

  • UGI Central Penn Gas, Inc., 2214415-OSA, R-2010-2214415.  Rate request filed on 1/14/11, and on 3/17/11, the Commission suspended the proposed tariffs and referred the matter to OALJ for investigation. In addition to the rate request, the filing included voluntary energy efficiency and conservation (EE&C) measures.  By Opinion and Order entered 8/19/11, the Commission approved a Settlement Petition, with the exception of the EE&C measures included in the Settlement. The Commission, inter alia, directed that CPG file an EE&C Plan and address 9 specific issues. CPG filed an EE&C Plan on 10/24/11. Comments on the Plan were filed by the OCA on 11/16/11. No Reply Comments were filed.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that, inter alia, approves the EE&C Plan, as modified, and directs CPG to take certain actions prior to the submission of its first annual report on its EE&C Plan.  Vice Chairman Coleman’s and Commissioner Witmer’s Joint Motion is attached.  Vote 5-0.

LAW BUREAU

  • All matters approved as submitted.

SUPPLEMENTAL CARRY-IN AGENDA

OFFICE OF SPECIAL ASSISTANTS

  • All matters approved as submitted.

ANNOUNCEMENTS

  • Patrick Edwards with the Bureau of Technical Utility Services is retiring after 25 years of service.
  • Dave Fischer is retiring after 39 years of service.

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, July 19, 2012 AT 10:00 A.M.

* Denotes Order

 

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