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Highlights: PA PUC Public Session of September 13, 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 September 13, 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 27 at 10:00 a.m.  The minutes of the Public Meeting of August 2, 2012, were, by a vote of 5-0, approved without modification.



  • All matters approved as submitted.


  • All matters approved as submitted.


  • Verizon Pennsylvania Inc., 2077881-OSA, M-2008-2077881.  The matter was postponed from the 08/30/2012 public meeting.  Informal Investigation initiated on 6/29/07, focusing on customer service and compliance with Chapter 63.  After concluding its investigation, LBPS apprised Verizon of the results of the investigation. On 12/03/08, LBPS, BCS, and Verizon PA filed a Joint Settlement Agreement resolving the issues raised in the investigation. On 12/19/08, Verizon PA filed an Application for Temporary Exemption from the provisions of 52 Pa. Code Section 63.59(b)(2). By Opinion and Order entered 2/26/09, the Commission requested interested parties to file comments to the proposed Settlement. Comments were filed by the Communications Workers of America and the Office of Consumer Advocate on 3/18/09. Verizon PA filed its Response to Comments on 4/28/09.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that addresses the merits of the Settlement and Exemption Application.  Chairman Powelson’s and Vice Chairman Coleman’s Joint Motion is attached.  Commissioner Cawley’s Dissenting Statement is attached.  Vote 4-1.
  • Samir Ouaqerrouch, 2218369-OSA, A-2011-2218369.  Application filed on 11/24/10, seeking approval for the right to transport persons, upon call or demand, in Tinicum Township, Delaware County. Notice was published in the PA Bullletin. A timely Protest was filed by Sawink, Inc., t/d/b/a County Cab Company on 1/31/11. After hearing, the proceeding was transferred to ALJ Melillo. On 2/28/12, OALJ received a call from the Applicant requesting that a hold be placed on the issuance of a decision until mid-April. In her Initial Decision, issued on 6/22/12, ALJ Melillo recommended, inter alia, that the Application be approved. On 7/11/12, Sawink filed Exceptions to the Initial Decision. On 7/20/12, the Applicant filed Reply Exceptions.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that: (1) denies Sawink's Exceptions to the Initial Decision; (2) approves the application; and (3) adopts the Initial Decision as the action of the Commission.  The matter has been postponed to the 9/27/12 Public Meeting.


  • All matters approved as submitted.


  • Act 129 Energy Efficiency Program, Phase 2, M-2008-2069887, 2289411-LAW, M-2012-2289411.  The Commission on 8/3/12, adopted the Energy Efficiency and Conservation Program Phase II Implementation Order 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. On 9/4/12, PECO Energy Company filed a Motion for Leave to File a Petition for Reconsideration and a Petition for Reconsideration of the Implementation Order. Due to the fact that the thirty day period to act on the Petition for Reconsideration closes on 9/4/12, we granted the Motion and Petition pending review of, and consideration on, the merits. An Opinion and Order was adopted by notational vote on 9/4/12, and served the same day.  RECOMMENDATION:  That the Commission, consistent with 4 Pa. Code § 1.43(c), record and enter this action in the minutes of this public meeting.  Vote 5-0.
  • PECO Energy Company – Electric, 2297304-LAW, P-2012-2297304.  Petition filed 4/2/12, 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.  Chairman Powelson’s and Commissioner Witmer’s Joint Motion is attached.  Vote 4-1, with Commissioner Gardner dissenting.
  • Act 129 EE&C Program - 2013 Technical Reference Manual, 2313373-LAW, M-2012-2313373, M-00051865.  Commission adopted the 2009 update to the Technical Reference Manual (TRM) on 5/28/09. In that Order, the Commission directed the Bureau of Technical Utility Services to revise the TRM annually. In August 2009, the Commission contracted with GDS Associates, Inc., to be the Act 129 Statewide Evaluator (SWE), which, among other duties, is to assist in reviewing and providing suggested changes to the TRM. The SWE, in conjunction with a Technical Working Group, has reviewed the 2012 version of the TRM and proposes several changes and additions for the 2013 TRM update. The Commission seeks comments on the proposed 2013 TRM update.  RECOMMENDATION:  That the Commission adopt the proposed Tentative Order.  Vote 5-0.


  • NRG Energy Center Harrisburg LLC, 2239521-ALJ, A-2011-2239521.  Application filed for approval to abandon steam service on the following seven segments of its low pressure steam system in the city of Harrisburg, Dauphin County: a) North Third Street between Forster and Reily Streets; b) Green Street between North and Forster Streets; c) Locust Street between North Second and Court Streets; d) North Second Street between North and Herr Streets; e) Forster Street between North Second and Bartine Streets; f) Bartine Street between Briggs and Union Streets; and g) Briggs Street between North Second and Green Streets. The Application was published in the 5/14/11 edition of the PA Bulletin. On 3/30/12, a General Settlement and separate Individual Settlements were filed.  COMMISSION REVIEW:  That the Commission adopt ALJ Buckley’s Recommended Decision adopting the proposed General Settlement and the separate Individual Settlements without modification.  Commissioner Cawley’s Motion is attached.  Vote 5-0.
  • Debra Simconis vs. Peoples Natural Gas Company, 2260079-ALJ, C-2011-2260079.  The matter was postponed from the 08/30/12 Public Meeting.  Complaint filed on 8/29/11, alleging Complainant was never informed by PNG that there was a reimbursement program for riser replacement, and that claims must be made prior to 5/1/11. PNG filed its answer on 9/23/11.  A hearing was held on 2/14/12.  COMMISSION REVIEW:  That the Commission adopt ALJ Hoyer’s Initial Decision dismissing the complaint.  Chairman Powelson’s Motion is attached (the Motion is combined with Theresa Karaffa v. Peoples Natural Gas Company, 2288380-ALJ referenced below).  Vote 5-0. 
  • Rae Chase vs. PPL Electric Utilities, 2273494-ALJ, F-2011-2273494.  Complaint filed 11/15/11, requesting the removal from monthly budget billing and seeking a payment agreement. On 12/7/11, PPL filed its Answer requesting that the complaint be denied. An initial telephonic hearing was held on 3/15/12.  COMMISSION REVIEW:  That the Commission adopt ALJ Hoyer’s Initial Decision dismissing the complaint.  Commissioner Witmer’s Motion is attached.  Vote 5-0.
  • Theresa Karaffa Vs Peoples Natural Gas Company, 2288380-ALJ, C-2012-2288380. Complaint filed 2/10/12, alleging it is unfair and discriminatory for PNG to replace risers for her neighbors and reimburse others, who had previously paid to replace their risers, while she is denied reimbursement.  On 2/25/12, PNG filed its Answer. A telephonic hearing was held on 4/23/12.  COMMISSION REVIEW:  That the Commission adopt ALJ Corbett’s Initial Decision dismissing the complaint for lack of subject matter jurisdiction.  Chairman Powelson’s Motion is attached (the Motion is combined with Debra Simconis vs. Peoples Natural Gas Company, 2260079-ALJ, C‑2011-2260079 matter above).  Vote 5-0.
  • Megan Mohn vs. PPL Electric Utilities Corp, 2301470-ALJ, C-2012-2301470.  Complaint filed 4/27/12, alleging PPL cut down trees under its power lines and stacked them under the power lines within sight of complainants’ property causing an eyesore and potential hazard. On 5/21/12, PPL filed its Answer with New Matter and Preliminary Objections.  COMMISSION REVIEW:  That the Commission adopt ALJ Salapa’s Initial Decision sustaining the Preliminary Objections and dismissing the complaint with prejudice for lack of jurisdiction.  Commissioner Gardner’s Motion is attached.  Vote 5-0.



  • Peregrine Keystone Gas Pipeline LLC, 2200201-OSA, A-2010-2200201.  Application filed on 9/17/10. Numerous parties filed interventions and protests. Following public input hearings and evidentiary hearings, ALJ Colwell's Recommended Decision, issued 5/23/12, recommended that Peregrine’s Application be denied. Peregrine filed a Petition to Withdraw Application on 6/8/12. On 6/28/12, MarkWest Liberty Midstream & Resources, LLC and Laurel Mountain Midstream, LLC filed a Joint Answer in Support of the Petition. On 6/28/12, the Pennsylvania Independent Oil and Gas Association (PIOGA) filed a Petition for Leave to File an Answer to the Petition, together with a proposed Answer in Support of the Petition.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order which grants PIOGA’s Petition for Leave to File Answer, grants Peregrine’s Petition to Withdraw Application, and vacates the Recommended Decision.  Vote 5-0, with Commissioner Cawley and Commissioner Witmer concurring in result only.
  • Met-Ed, Penelec, Penn Power & West Penn, 2273650-OSA, P-2011-2273650, P-2011-2273668, P-2011-2273669, P-2011-2273670.  By Order entered 8/16/12, the Commission, inter alia, granted in part, and denied in part, the Companies’ Joint Petition for approval of their DSP. On 8/31/12, the following six Parties each filed Petitions for clarification, rehearing and/or reconsideration: (1) the Coalition for Affordable Utility Services and Energy Efficiency in Pennsylvania; (2) the Constellation Energy Commodities Group, Inc., Constellation NewEnergy, Inc., Exelon Generation Company, LLC, and Exelon Energy Company; (3) the Companies; (4) the OCA; (5) the OSBA; and (6) the Retail Energy Supply Association.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that grants the 8/31/12 Petitions pending review of and consideration on the merits.  Vote 5-0.


  • PECO Smart Meter Briefing @ 1:30 pm. in Hearing Room 1


* Denotes Order



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