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Highlights: PA PUC Public Session of August 30, 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 August 30, 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 September 13 at 10:00 a.m.  The minutes of the Public Meeting of July 19, 2012, were, by a vote of 5-0, approved without modification.

MAIN AGENDA

BUREAU OF TECHNICAL UTILITY SERVICES (Transportation)

  • Ascot Transportation Group LLC, 2290583-TAS, A-2012-2290583Application for the right to transport as a common carrier by motor vehicle, persons in limousine service.  Bucks, Chester, Delaware, and Montgomery Counties.  RECOMMENDATION:  That the Commission adopt the proposed Order approving the application.  Vote 5-0.

DIRECTOR OF ADMINISTRATION

  • Contractor Selection, 2316011-BAS.  Request for Proposal issued on 4/11/12, to hire an Information Management System for Gas Safety Inspections (“GSIMS”). The term of the contract will be from the effective date of the contract through 6/30/14.  RECOMMENDATION:  That the Commission approve the selected vendor.  The matter has been postponed until the 09/13/12 Public Meeting. 
  • Public Utility Commission, 2320009-BAS, General Assessment upon Public Utilities for FY 2012-2013.  RECOMMENDATION: That the Commission approve the Assessment Section Computation in accordance with Section 510 of the Public Utility Code, the amount of the General Assessment for the Fiscal Year 7/1/12 to 6/30/13, on each applicable utility.  Vote 5-0.

BUREAU OF AUDITS

  • All matters approved as submitted.

BUREAU OF CONSUMER SERVICES

  • All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

  • Consolidated Communications Enterprise Services vs. Omnipoint Communications Inc. D/B/A T-Mobile Et Al, 2210014-OSA, C-2010-2210014.  Opinion and Order entered on 3/15/12, that, inter alia, denied T-Mobile's Preliminary Objections to a Formal Complaint filed by CCES asking the Commission to determine the appropriate intercarrier compensation rate for the termination of T-Mobile's intra-MTA traffic by CCES. On 3/30/12, T-Mobile filed (1) a Petition for Reconsideration and, in the alternative, (2) a Motion for Certification of Interlocutory Order for Immediate Appeal. By Opinion and Order entered 4/12/12, the Commission denied the Motion as late-filed and granted the Petition pending further review of the merits. CCES filed an Answer to T-Mobile's Petition on 4/16/12.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that grants the Petition in part and denies it in part.  Vote 5-0.
  • Thomas Greco vs. Pennsylvania American Water Company, Formal Complaint filed on 2/14/11, alleging that his water service was improperly turned off. On 3/9/11, PAWC filed an Answer that denied the material allegations of the Formal Complaint and submitted New Matter. The Complainant responded to New Matter on 3/15/11. On 3/7/12 an evidentiary hearing was held. On 5/21/12, the Commission issued the Initial Decision of ALJ Jandebeur that dismissed the Complaint. Exceptions were filed by the Complainant on 6/11/12. PAWC filed Replies to Exceptions on 6/21/12.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that grants the Exceptions, in part, denies them, in part, and reverses the ALJ’s Initial Decision consistent with this Opinion and Order.  Chairman Powelson’s Motion is attached.  Commissioner Cawley’s Dissenting Statement is attached. Vote 4-1.
  • Kat Lyons vs. Penelec, 2238862-OSA, C-2011-2238862.  Formal Complaint filed on 4/18/11, alleging that there were incorrect charges on her electric bills; and that Penelec’s meter readers incorrectly read her meter.  On 5/23/11, Penelec filed an Answer and New Matter.  A Telephonic Hearing was held on 12/22/11. In an Initial Decision issued 3/15/12, ALJ Corbett granted in part and denied in part the Complaint. Penelec filed Exceptions on 4/4/12. No Replies to Exceptions were filed.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order which grants the Exceptions and modifies the ALJ’s Initial Decision.  Vote 4-1, with Commissioner Cawley dissenting.
  • Victor Nixon vs. West Penn Power, 2266144-OSA, C-2011-2266144.  The matter was postponed from the 08/02/2012 Pubic Meeting.  Formal Complaint filed on 9/29/11, alleging that the transmission lines emit pulsed modulated electromagnetic microwave radiation at levels that exceed FCC limits. On 10/24/11, West Penn filed an Answer and Preliminary Objections. By Initial Decision issued 12/23/11, ALJ Chestnut sustained West Penn’s Preliminary Objections, and dismissed the Complaint for legal insufficiency and lack of subject matter jurisdiction. The ALJ also found that the Complaint is barred by the doctrines of res judicata and collateral estoppel. The Complainant filed Exceptions on 12/27/11 and 1/12/12.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that denies the Exceptions, adopts the Initial Decision, as modified by the Opinion and Order, and dismisses the Complaint.  The matter has been postponed to the 09/13/12 Public Meeting.

BUREAU OF TECHNICAL UTILITY SERVICES

  • Equitable Gas Co, 2312577-FUS, R-2012-2312577, G-2012-2312597.  Supplement No. 86 to Tariff Gas - Pa. P.U.C. No. 22, proposing to establish a Rider E-Appalachian Production Enhancement Program Surcharge, to become effective 8/28/12, voluntarily postponed until 8/31/12. Application filed on 6/29/12, for an Affiliated Interest Approval and the Acquisition of Assets from Affiliates.  RECOMMENDATION:  That the Commission adopt the proposed Order that suspends the proposed tariff filing until 2/28/13, and institutes an investigation of the proposed tariff filing and application.  Vote 5-0.
  • Ymax Communications Corp, 2313195-FUS, R-2012-2313195.  Supplement No. 4 to its Switched Access Tariff PA PUC No. 2, filed on 7/9/12, to incorporate the FCC Report and Order in WC Docket No. 10-90, etc., FCC No. 11-161 (released 11/18/11) regarding the treatment of Toll VoIP-PSTN traffic. On 7/30/12, AT&T Communications, TCG New Jersey, and TCG Pittsburgh filed formal complaints against the filing. RECOMMENDATION:  The Commission adopt the proposed Order.  Vote 5-0.

LAW BUREAU

  • PECO Energy Company-Electric, 2297304-LAW, P-2012-2297304.  Petition filed, seeking approval of its selection of an Electric Generation Supplier as a vendor to provide time-of-use (TOU) service for PECO’s Dynamic Pricing Plan. PECO is also petitioning for approval of its Plan supplement, which was developed by it solely to facilitate the provision of TOU service by an EGS and does not materially change the plan.  RECOMMENDATION:  That the Commission adopts the proposed Order.  This matter has been postponed until the 09/13/12 Public Meeting.

OFFICE OF ADMINISTRATIVE LAW JUDGE

  • Connie Darlene Mullins vs. Philadelphia Gas Works, 2266040-ALJ, C-2011-2266040.  Complaint filed 9/28/11 as an appeal of a BCS decision. Answer filed 10/25/11 denying the allegations. Hearing held 2/27/12.  COMMISSION REVIEW:  That the Commission adopt ALJ Heep’s Initial Decision granting in part and denying in part the complaint and ordering respondent to credit complainant for service charges for the period 1/09 to 11/10.Vote 5-0.  Commissioner Gardner’s Motion is attached.  Vote 5‑0.
  • Empire Ambulance Inc., 2278221-ALJ, A-2011-2278221.  Application filed 11/23/11, to transport as a common carrier, by motor vehicle, persons, in paratransit service, limited to transportation between medical facilities from points in the Counties of Bucks, Montgomery and Delaware, and the City and County of Philadelphia, to points in Pennsylvania and return. Several protests filed. No hearing was held.  COMMISSION REVIEW:  That the Commission adopt ALJ Vero’s Initial Decision dismissing the application.  Commissioner Gardner’s and Commissioner Witmer’s Joint Motion is attached.  Vote 5-0.
  • Philadelphia Gas Works, 2286447-ALJ, R-2012-2286447.  Annual Gas Cost Rate for 2012-2012 filed on 1/31/12.  On 2/24/12, a Petition to Intervene was filed by PICGUG. On 2/29/12, PGW also filed Supplement No. 51 to Gas Tariff – Pa.P.U.C. No. 2 and Supplement No. 43 to Supplier Tariff – Pa.P.U.C. No. 1.  On 6/5/12, a Joint Petition for Settlement was filed.  COMMISSION REVIEW:  That the Commission adopt ALJ Pell’s Recommended Decision approving the Settlement.  Commissioner Cawley’s Statement is attached.  Vote 5-0.
  • Equitable Gas Co, 2287044-ALJ, R-2012-2287044, C-2012-2295220, C-2012-2297006.  Supplement to Tariff Gas-Pa. P.U.C.  No. 6, filed on 4/2/12, which proposed a Purchased Gas Cost Rate of $5.12 per Mcf, which represents a decrease of $1.15 per Mcf in the then-effective PGC rate of $6.27 per Mcf.  On 7/13/12, a Joint Settlement Agreement was filed.  COMMISSION REVIEW:  That the Commission adopt ALJ Dunderdale’s Recommended Decision approving the Settlement.  Vote 5-0.

CARRY-IN AGENDA

OFFICE OF SPECIAL ASSISTANTS

  • Leatherstocking Gas Company LLC, 2275595-OSA, A-2011-2275595.  Application filed on 11/23/11. On 12/27/11, UGI Penn Natural Gas filed a Protest. On 1/17/12, Leatherstocking filed Preliminary Objections requesting dismissal of UGI’s Protest for lack of standing. On 1/27/12, UGI filed an Amended Protest. On 2/16/12, Leatherstocking filed Preliminary Objections to UGI’s Amended Protest. On 3/20/12, ALJ Salapa issued an Initial Decision that dismissed UGI’s Protest for lack of standing, and that dismissed UGI’s Amended Protest as late-filed. Following several extensions, UGI filed timely Exceptions on 7/30/12.  Leatherstocking filed Reply Exceptions on 8/6/12.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order denying the Exceptions and adopts the Initial Decision.  Vote 5-0.
  • Leatherstocking Gas Company LLC, 2275595-OSA, A-2011-2275595.  Application filed on 11/23/11. On 12/27/11, UGI Penn Natural Gas filed a Protest to the Application.  On 1/27/12, UGI filed an Amended Protest. On 3/20/12, ALJ Salapa issued an Initial Decision that dismissed UGI’s Protest for lack of standing, and that dismissed UGI’s Amended Protest as late-filed. On 6/21/12, Leatherstocking and UGI filed a Joint Stipulation in Settlement. On 6/26/12, Leatherstocking and UGI filed an Amended Stipulation. On 6/27/12, the Bureau of Investigation and Enforcement filed a Motion to Strike the Stipulation and Amended Stipulation.  On 7/17/12, Leatherstocking filed an Answer to I&E’s Motion to Strike.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that rejects the Stipulation/Amended Stipulation, denies the Motion to Consolidated, and refers the application to TUS for further proceedings.  Vote 5-0.

LAW BUREAU

  • Act 129 Energy Efficiency Program - Phase 2, 2289411-LAW, M-2012-2289411, M‑2008-2069887. Energy Efficiency and Conservation Program Phase II Implementation Order was adopted on 8/3/12, establishing the standards each electric distribution company’s energy efficiency and conservation plan must meet and providing guidance on the procedures to be followed for submittal, review and approval of all aspects of those plans. The Phase II Implementation Order also adopted additional incremental reductions in consumption that each electric distribution company must meet. On 8/20/12, Met-Ed, Penelec, Penn Power, West Penn Power and PPL Electric filed Petitions for Reconsideration of the Implementation Order.  RECOMMENDATION: That the Commission adopt the proposed Opinion and Order granting the Petitions for Reconsideration pending further review and consideration on the merits.  Vote 5-0.
  • Act 129 Phase 2 Total Resource Cost - Test-2012, M-2009-2108601, 2300653-LAW, M‑2012-2300653.  Act 129 of 2008, 66 Pa. C.S. § 2806.1, mandates use of TRC testing to analyze benefits and costs of EDCs’ energy efficiency and conservation (EE&C) plans. The initial PA TRC Test was adopted 6/23/09, at M-2009-2108601. On 5/25/12, a Tentative Order proposed refinements to the PA TRC Test for Act 129’s Phase II that begins 6/1/13, pursuant to M 2012-2289411 (8/3/12).  Comments and reply comments were received. RECOMMENDATION:  That the Commission adopts the proposed Order.  Vote 5-0.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, SEPTEMBER 13, 2012 AT 10:00 A.M.

* Denotes Order

 

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