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Highlights: PA PUC Public Session of July 19, 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 July 19, 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 August 2 at 10:00 a.m.  The minutes of the Public Meeting of June 7, 2012, were, by a vote of 5-0, approved without modification.

MAIN AGENDA

BUREAU OF TECHNICAL UTILITY SERVICES (Transportation)

  • All matters approved as submitted.

BUREAU OF AUDITS

  • All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

  • RLEC Access Charge.  1189996-OSA, I-00040105, C-2009-2098380, M‑2012-2291824.  The matter was postponed from the 06/21/12 Public Meeting.  Updated Joint Petition filed on 4/9/12 by PA Telephone Association & CenturyLink (PTA/CTL) for Reconsideration and Stay of the Commission’s Opinion and Order entered 7/18/11. AT&T Communications, TCG Pittsburgh and TCG New Jersey also filed an Updated Petition for Reconsideration of the same Opinion and Order.  Answers have been filed by PTA/CTL, AT&T, Verizon, Sprint, Comcast and the OCA.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order.  Chairman Powelson’s and Commissioner Witmer’s Joint Motion is attached.  Vice Chairman Coleman’s and Commissioner Witmer’s Conflicts Statements are attached.  Commissioner Cawley’s Statement is attached.  Commissioner Gardner’s Dissenting Statement is attached.  Vote 3-2, with Commissioner Cawley Concurring in Part and Dissenting in Part, and Commissioner Gardner Dissenting on the Motion and Concurring on the Recommendation. 
  • Connie Connor vs. PECO Energy Co., 2205777-OSA, F-2010-2205777.  Formal Complaint filed on 10/18/10, alleging that there are incorrect charges on her bill. Specifically, she denied that she ever resided at the service address in question or that she received electric and gas service from PECO at that address. As relief, she requested that her bill be reduced accordingly. After hearing, the ALJ's Initial Decision was issued by the Commission on 2/22/12. The Complainant filed Exceptions on 3/16/12. PECO did not file Replies to Exceptions.  RECOMMENDATION:  that the Commission adopt the proposed Opinion and Order that remands the case to the OALJ for such proceedings as may be necessary and the issuance of an Initial Decision upon Remand.  Vice Chairman Coleman’s Motion is attached.  Vote 5-0.
  • Linda Spotti vs. Equitable Gas Company, 2255047-OSA, C-2011-2255047.  Formal Complaint filed on 7/25/11, alleging that her budget from the PUC is too high and she cannot afford it and that she would like to have a lower budget payment. On 8/11/11, Equitable filed an Answer which denied the material allegations of the Complaint and New Matter.  On 1/25/12 an evidentiary hearing was held. On 5/24/12, the Commission issued the Initial Decision of ALJ Johnson. Exceptions were filed by the Complainant on 6/21/12. Equitable did not file Replies to Exceptions.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that denies the Exceptions and adopts the ALJ’s Initial Decision.  Vote 5-0.

BUREAU OF TECHNICAL UTILITY SERVICES

  • Timeframe-Telecommunications Carriers Providing Service, 2273119-FUS, M‑2011‑2273119, M-00960799.  Final Order regarding the Commission’s plan to implement a time frame requirement on telecommunication carriers providing service within the Commonwealth of Pennsylvania. On 3/1/12, the Commission approved a Tentative Order outlining the process for a one year time frame for telephone carriers to actively provide service to customers and sought comments. The Commission received two comments and this Final Order disposes of them.  RECOMMENDATION:  The Commission adopt the Final Order establishing a timeframe requirement for telecommunications carriers to be active on an annual basis.  Vote 5-0.
  • Little Washington Wastewater Co d/b/a Suburban Wastewater Co., 2298067-FUS, A-2012-2298067.  Application filed on 4/5/12, for approval of: 1) the acquisition by LWWC of the wastewater system assets of the Township of Kidder (TOK) situated in a portion of Kidder Township, Carbon County, and 2) the right of LWWC to begin to offer, render, furnish and supply wastewater service to the public in an additional portion of Kidder Township, Carbon 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.

LAW BUREAU

  • Implementation-Unconventional Gas Well Fee Act 13, 2288561-LAW, M-2012-2288561.  Petitions for Reconsideration and Clarification of the Order of 5/10/12, filed by the PA State Association of Township Supervisors, the PA Independent Oil & Gas Association, the Marcellus Shale Coalition, and the Associated Petroleum Industries of PA.  RECOMMENDATION:  That the Commission adopts the Order approving the Petition.  Commissioner Gardner’s Partial Dissenting Statement is attached.   Vote 4-1.
  • Amendment of PUC Rules of Practice & Procedure, 2296005-LAW, L-2012-2296005.  The matter was postponed from the 06/21/12 Public Meeting.  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.  Vote 5-0.
  • PPL Electric Utilities Corp., 2303075-LAW, P-2012-2303075, M-2009-2123945.  Petition filed for approval to add new programs and make several adjustments to its plan, and requests a 24 month extension to its grace period to continue to identify, test, develop and implement measures that fully meet the Act 129 requirements. PPL asserts that the changes are needed to evaluate its current AMI system limitations, remote connect and disconnect functionality, technical issues in implementing its In Home Display Pilot, the proposed pilots and its aging AMI infrastructure. PPL asserts that it needs more time to determine the most cost-effective way to meet the Act 129 requirements.  RECOMMENDATION:  That the Commission adopts the Order approving the petition.  The matter has been postponed to the 08/02/12 Public Meeting.
  • Metropolitan Edison Co., 2308630-LAW, P-2012-2308630.  Petition seeking approval of a revised prospective solar photovoltaic alternative energy credit (SPAEC) sale and purchase agreement between Met-Ed and Air Products and Chemicals, Inc. The revised SPAEC agreement obligates Air Products to provide Met-Ed with 2,080 Alternative Energy Portfolio Standards compliant SPAECs per year at a price of $110.00 per SPAEC for the period commencing from the date of Commission approval until 5/31/20.  RECOMMENDATION:  That the Commission adopts the Order approving the petition.  Vote 4-1, with Commissioner Witmer dissenting.

OFFICE OF ADMINISTRATIVE LAW JUDGE

  • Bur of Transportation & Safety vs. William Diaz t/a Ashley' S Stretched Limo, 2170273-ALJ C-2010-2170273, C-2009-2075573, C-2009-2126067.  The matter was postponed from the 06/21/12 Public Meeting.  Respondent failed to observe, obey and comply with a Commission Order entered on 10/13/09 at C-2009-2075573 and a Secretarial Letter issued 11/17/09 at C-2009-2126067. A Settlement Agreement was filed on 3/22/12.  COMMISSION REVIEW:  That the Commission adopt ALJ Barnes’ Initial Decision approving the Settlement Agreement.  Commissioner Gardner’s and Commissioner Witmer’s Joint Motion is attached.  Vote 5-0.
  • Gila Williams vs. Philadelphia Gas  Works, 2197891-ALJ, C-2010-2197891.  The matter was postponed from the 06/07/12 Public Meeting.  Formal Complaint filed 9/2/10 alleging a request to PGW to repair a water leak in her basement at the entry point of the PGW service line. An Answer was filed 9/27/10. Hearing held on 10/11/11.  COMMISSION REVIEW:  That the Commission adopt ALJ Melillo’s Initial Decision denying the Complaint.  Commissioner Gardner’s Motion is attached.  Vote 3-2, with Vice Chairman Coleman and Commissioner Witmer dissenting.
  • A Edward Schwartz vs. Delaware & Hudson Railway Co. d/b/a Canadian Pacific, C-2011-2237486, 2241780-ALJ, P-2011-2241780.  Complaint filed 4/15/11, alleging that the bridge carrying S.R. 4009 over the facilities of the Railroad is unsafe. On 5/13/11, Mr. Schwartz filed a Petition for Expedited Hearing and Interim Emergency Order. On 7/15/11, the Commission issued an Order upholding the 5/27/11 Order denying the Complainant’s request. A hearing was held on 3/21/12 limited to the issue of whether the Commission should approve PennDOT’s proposal to reopen the S.R. 4009 bridge.  COMMISSION REVIEW:  That the Commission adopt ALJ Salapa’s Recommended Decision approving the plans submitted by PennDOT to reopen the bridge.  Commissioner Gardner’s Motion is attached.  Vote 5-0.
  • Peoples Twp. LLC, 2273539-ALJ, R-2011-2273539.  Information filed on 1/13/12, in support of a tariff supplement proposing changes in rates for recovery of purchased gas costs. A hearing was held on 4/5/12. On 4/23/12, a Joint Petition for Settlement of the Rate Investigation was filed.  COMMISSION REVIEW:  That the Commission adopt ALJ Johnson’s Recommended Decision approving the Joint Petition for Settlement of Rate Investigation without modification.   Commissioner Cawley’s and Commissioner Witmer’s Joint Statement is attached.  Vote 5-0.

CARRY-IN AGENDA

COMMISSIONERS OFFICE

  • Default Service Reconciliation Interim Guidelines, 2314313-CMR.  Motion of Commissioner Cawley is attached.  Vote 5-0.

ANNOUNCEMENTS

  • John Levine with the Law Bureau is retiring after 35+ years of service with the Commission.

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, August 2, 2012 AT 10:00 A.M.

* Denotes Order

 

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