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Highlights: PA PUC Public Session of December 20, 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 December 20, 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 January 10, 2013 at 10:00 a.m.  The minutes of the Public Meeting of November 8, 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.

DIRCTOR OF REGULATORY OPERATIONS

  • Investigation of Pa's Retail Electricity, 2237952-DIR, I-2011-2237952.  Secretarial Letter of 12/15/11, directed certain EDCs to produce and mail a Commission-endorsed postcard no later than 2/29/12, encouraging customers to shop for a competitive electric generation supplier as well as promoting www.PAPowerSwitch.com. At the conclusion of this mailing, the Commission then directed in the Final Order and Intermediate Work Plan of 3/1/12, that the Commission-endorsed postcard be re-established on an annual basis. This Secretarial Letter proposes to dispense with the mailing of the annual postcard in 2013 and resume with the mailing of the postcard in 2014.  RECOMMENDATION:  That the Commission approve the Secretarial Letter.  Vote 5-0.

OFFICE OF SPECIAL ASSISTANTS

  • Matthew Gillette vs. PPL Electric, 2266733-OSA, F-2011-2266733.  The matter was postponed form the 12/05/12 public meeting.  Formal Complaint filed on 9/6/11, alleging that he was being overcharged. On 10/31/11, PPL filed an Answer. A hearing was held on 2/2/12. In an Initial Decision issued 5/10/12, ALJ Jandebeur granted in part and denied in part the Complaint. The Complainant filed Exceptions on 5/29/12. PPL filed Replies to Exceptions on 6/7/12.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order which denies the Exceptions and adopts the Initial Decision, consistent with the Opinion and Order.  Vote 5-0, with Commissioner Cawley concurring in the result only.
  • Aegis Ambulette Service, LLC, 2268719-OSA, A-2011-2268719Application filed on 10/20/11, for certain paratransit authority. Notice of the Application was published in the PA Bulletin on 12/10/11. Protests were filed by several entities. A hearing was held on 4/3/12. In his Initial Decision, issued on 9/5/12, ALJ Pell recommended that the Application be denied due to the Applicant's failure to establish the basic requirements for certification. On 9/25/12, the Applicant filed Exceptions to the Initial Decision. On 10/2/12, the Protestants filed Reply Exceptions.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that: (1) grants, in part, the Applicant’s Exceptions; (2) vacates the Initial Decision; and (3) remands the matter to OALJ for such further proceedings as may be appropriate.  Vote 5-0.
  • Equitable Gas Co., 2304727-OSA, R-2012-2304727, R-2012-2304735, R-2012-2304731.  Three separate Supplements filed on 5/15/12, to its gas delivery tariff. The OCA filed Complaints against each of the proposed Supplements. The Bureau of I&E, OSBA, RESA, and Dominion Energy Solutions were all granted intervention. After evidentiary hearings and briefing, ALJ Johnson’s Recommended Decision was issued on 11/2/12, recommending denial of the proposed tariff supplements. Exceptions were filed by Equitable and RESA. Reply Exceptions were filed by Equitable, I&E, OCA, and OSBA.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order which grants, in part, and denies, in part the Exceptions of Equitable, denies the Exceptions of RESA, and modifies the ALJ’s recommendation.  Vote 5-0.

BUREAU OF TECHNICAL UTILITY SERVICES

  • Just Energy Pennsylvania Corp., 2098011-FUS, A-2009-2098011.  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.  The matter has been withdrawn.
  • Pennsylvania American Water Company, 2285320-FUS, A-2012-2285320.  Application filed on 1/25/12, for approval of the transfer, by sale, of the water works property and rights of the Paint Township Municipal Water Authority to PAWC; and, the commencement by PAWC of water service to the public in a portion of Paint Township, Clarion County, presently being served by the Paint Township Municipal Water Authority. No protests were filed and no hearings were held.  RECOMMENDATION:  The Commission adopt the proposed Order which approves the application.  Chairman Powelson made an oral statement, with which Commissioner Witmer associated.  Vote 5-0.
  • Equitable Gas Co., 2333983-FUS, R-2012-2333983.  Supplement No. 91 to Tariff Gas-Pa. P.U.C. No. 22, filed on 11/13/12, proposing to unbundle natural gas procurement costs from distribution rates and recover these costs through a Gas Procurement Charge that will be included in its Price to Compare (PTC). Equitable is also proposing to establish a Merchant Function Charge (MFC) rider to remove uncollectible bad debt expense from distribution rates and to recover these costs through an MFC rider that will be included in its PTC, to become effective on 1/12/13. A formal complaint was filed. RECOMMENDATION:  The Commission adopt the proposed Order that suspends the tariff supplement and institutes an investigation.  Vote 5-0.

LAW BUREAU

  • Implementation-Unconventional Gas Well Fee Act 13, 2288561-LAW, M-2012-2288561.  The matter was postponed from the 12/05/12 Public MeetingOrder issued on 5/10/12, implementing Chapter 23 of the Unconventional Gas Well Impact Fee Act.  Petitions for Reconsideration were filed. A Reconsideration Order was issued on 7/19/12, regarding Chapter 23 of Act 13. On 9/28/12, Anadarko E&P Company LP filed a Petition for Amendment and Clarification of the 5/10/12 Implementation Order.  RECOMMENDATION:  That the Commission adopt the proposed Order.  Vote 5-0.
  • Verizon Pennsylvania and Verizon North, 2333985-LAW, P-2012-2333985.  Petition for a bona fide retail request deployment extension for 4 1/2 months for VZ PA and 3 months for VZ North, to 4/30/13, relating to their Youngsville CSA 4285, Elkland CSA 4001, and Westfield CSA 4001 pursuant to 66 Pa. C.S. § 3014(c)(5). Verizon asserts that the delay in completing the project is attributable to a limited work force. Verizon sent extra manpower to New Jersey to restore telephone service as a result of Hurricane Sandy in late October 2012.  RECOMMENDATION:  That the Commission adopt the proposed Order.  Commissioner Gardner’s Statement is attached.  Vote 5‑0.

OFFICE OF ADMINISTRATIVE LAW JUDGE

  • Sue Christmas vs. Peco Energy Company, 2273245-ALJ, F-2011-2273245.  Complaint filed on 11/11/11, alleging that there were incorrect charges on her bill, and that her service was terminated because PECO failed to adhere to the terms of a Commission-issued payment arrangement. An Answer was filed 12/6/11. A hearing was held 5/1/12. COMMISSION REVIEW:  That the Commission adopt ALJ Vero’s Initial Decision sustaining the complaint, insofar as PECO’s failure to correctly apply the terms of the Commission-issued payment arrangement.  The matter has been postponed to the 01/10/13 Public Meeting.

CARRY-IN AGENDA

BUREAU OF TECHNICAL UTILITY SERVICES (Transportation)

  • All matters approved as submitted.

BUREAU OF AUDITS

  • All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

  • 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, the First Energy Companies’ Joint Petition for approval of their DSPs. On 9/6/12, the Companies filed Revised DSPs (Compliance Filing). On 9/17/12, Met-Ed Industrial Users Group, Penelec Industrial Customer Alliance, Penn Power Users Group, and West Penn Power Industrial Intervenors (collectively, Industrials) filed Comments on the Compliance Filing and the Companies filed Reply Comments on 9/24/12. By Secretarial Letter dated 11/8/12, the Compliance Filing was approved. On 11/19/12, the Industrials filed a Petition for Appeal of Staff Action (Petition) challenging the approval of the Compliance Filing. The Companies filed an Answer to the Petition on 11/29/12.  RECOMMENDATION:  That the Commission adopt the proposed Opinion and Order that grants, in part, the petition.  Vote 5-0.

BUREAU OF TECHNICAL UTILITY SERVICES

  • Total Environmental Solutions (TESI) & Aqua Pa-Water; and, TESI & Little Washington Wastewater Company, 2322416-FUS, A-2012-2322416, A-2012-2322501.  Joint Application filed on 8/3/12, for approval of:  1) the acquisition by Aqua of the water system assets of TESI; 2) the right of Aqua to begin to offer, render, furnish and supply water service to the public; and, 3) the abandonment by TESI of public water service in Sandy Twp., Clearfield County. Joint Application also filed on 8/31/12, for approval of: 1) the acquisition by LWWC of the wastewater system assets of TESI; 2) the right of LWWC to begin to offer, render, furnish and supply public wastewater service; and, 3) the abandonment by TESI of public wastewater service.  One protest was filed but is ordered dismissed because it was not filed in a timely manner.  RECOMMENDATION:  The Commission adopt the proposed Order which approves the Joint Applications.  Chairman Powelson’s Statement is attached.  Commissioner Cawley made an oral statement concurring in the result only.  Vote 5-0.

NO ANNOUNCEMENTS

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, JANUARY 10, 2013 AT 10:00 A.M.

* Denotes Order

 

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