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Highlights: PA PUC Public Session of January 28, 2016

Note:  Video from each public meeting is available on the Pennsylvania Public Utility Commission's website.  To access the video stream for this public meeting, please visit http://www.puc.state.pa.us/about_puc/2013_pm_videos.aspx.  The public meeting calendar may be viewed at http://www.puc.state.pa.us/about_puc/public_meeting_calendar.aspx, and public meeting agendas and summaries may be viewed at www.puc.state.pa.us/about_puc/public_meeting_calendar/
public_meeting_audio_summaries.aspx
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At the January 28, 2016 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 February 11, 2016 at 10:00 a.m.  The minutes of the Public Meeting of the December 3, 2015, were, by a vote of 5-0, approved as submitted.

MAIN AGENDA

BUREAU OF AUDITS

  • All matters approved as submitted.

OFFICE OF SPECIAL ASSISTANTS

  • DELAWARE SEWER COMPANY, P-2014-2404341.  Petition filed on 2/6/14, pursuant to 52 Pa. Code § 5.41 seeking to have the Commission initiate an investigation under Section 529 of the Public Utility Code to determine whether it should be acquired by a capable public utility. On 2/26/14, the OCA filed an Answer to the Petition, and on 3/6/14, Pennsylvania-American Water Co. (PAWC) filed an Answer and New Matter to the Petition. On 11/25/14, PAWC filed a Motion for Judgment on the Pleadings, which ALJ Jandebeur denied by Interim Order dated 3/3/15. On 3/3/15, the Bureau of Investigation and Enforcement (I&E) filed a notice of appearance. The ALJ conducted an evidentiary hearing to determine whether a prima facie case existed to recommend initiation of an investigation. On 7/10/15, the Commission issued the Recommended Decision of ALJ Jandebeur. I&E and PAWC filed Exceptions on 7/30/15. DSC and the OCA filed Replies to Exceptions on 8/10/15.  RECOMMENDATION: The Commission adopt the proposed Opinion and Order.  Vote 5-0. 
  • MELVIN D WILLIAMS VS DUQUESNE LIGHT COMPANY, C-2014-2446701.  Formal Complaint filed on 9/29/14, alleging that Duquesne damaged his sidewalk, left debris from the installation of a new utility pole near his home and refused to meet with him about the matter. On 10/27/14, Duquesne filed an Answer admitting that it replaced the utility pole, but denying that it caused the damage or left the debris. By Initial Decision issued on 6/29/15, ALJ Johnson sustained the Complaint, finding that Duquesne provided unreasonable service related to the installation of the utility pole and damage to the Complainant's sidewalk. The ALJ also found that Duquesne violated Commission regulations pertaining to the investigation of a customer's complaint, assessed a civil penalty of $5,000, and directed Duquesne to repair the sidewalk. On 7/20/15, Duquesne filed Exceptions. On 8/3/15, the Complainant filed Replies to the Exceptions.  RECOMMENDATION: That the Commission adopt the proposed Opinion and Order, which (1) grants the Exceptions, in part, and denies them, in part; (2) reverses the Initial Decision; and (3) dismisses the Complaint.  Joint Motion by Vice Chairman Place and Commissioner Coleman is attached.  The Conflict Statement of Commissioner Witmer is also attached.  Vote 4-1 with Commissioner Witmer dissenting.
  • SUSAN KREIDER VS PECO ENERGY COMPANY, P-2015-2495064.  Formal Complaint filed on 2/5/15, objecting to the installation of a smart meter at her residence. On 7/28/15, PECO filed a Petition for Interlocutory Review and a Brief in Support of the Petition, raising material questions concerning whether claims regarding health symptoms related to the smart meter should be addressed at an evidentiary hearing. By Order entered 9/3/15, the Commission answered the material questions in the negative and returned the matter to the OALJ. On 9/18/15, PECO filed a Petition for Reconsideration of the 9/3/15 Order. By Order entered 10/1/15, the Commission granted the Petition for Reconsideration, pending further review of, and consideration on, the merits. On 11/3/15, Laura Sunstein Murphy filed an Amicus Curiae Brief in Opposition to PECO's Petition for Reconsideration.  RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.  The Dissenting Statement of Commissioner Witmer is attached.  Vote 4-1 with Commissioner Witmer dissenting.
  • VERIZON NORTH LLC AND LAUREL HIGHLAND TELEPHONE COMPANY, A-2015-2513843.  Joint Petition filed on 11/16/15, seeking approval of an Interconnection Agreement and Amendment No. 1 pursuant to Section 252(e) of the Telecommunications Act of 1996.  Notice of the Joint Petition was published in the Pa. Bulletin on 12/5/15.  No comments or protests were received.  RECOMMENDATION: That the Commission adopt the proposed Opinion and Order that granted the Joint Petition.  Vote 5-0. 
  • VERIZON PENNSYLVANIA LLC AND LAUREL HIGHLAND TELEPHONE COMPANY, A-2015-2513852,  Joint Petition filed on 11/16/15, seeking approval of an Interconnection Agreement and Amendment No. 1 pursuant to Section 252(e) of the Telecommunications Act of 1996.  Notice of the Joint Petition was published in the Pa. Bulletin on 12/5/15.  No comments or protests were received.  RECOMMENDATION: That the Commission adopt the proposed Opinion and Order that granted the Joint Petition.  Vote 5-0. 

BUREAU OF TECHNICAL UTILITY SERVICES

  •   All matters approved as submitted.

LAW BUREAU

  • All matters approved as submitted.

COMMISSIONERS

  • REVIEW OF ISSUES RELATING TO COMMISSION CERTIFICATION OF DISTRIBUTED ANTENNAE SYSTEM PROVIDERS.  The Joint Motion by Vice Chairman Place and Commissioner Coleman is attached.  The Statement of Commissioner Witmer is also attached.  Vote 5-0.  

CARRY-IN AGENDA

OFFICE OF SPECIAL ASSISTANTS

  • PHILADELPHIA GAS WORKS, P-2015-2501500, C-2015-2504092.  Petition filed on 9/1/15, requesting waivers of certain provisions of Act 11 to permit it to increase the Distribution System Improvement Charge (DSIC) cap from 5% to 7.5%, exclusive of under collections; to increase the DSIC cap by an additional 2.5%, or up to 10%, for reconciliation purposes; and to levelize and annualize DSIC-eligible costs. An evidentiary hearing was held on 11/5/15. Main and Reply Briefs were filed by the Parties. On 12/11/15, the Commission issued the Recommended Decision of ALJs Pell and Guhl, which recommended that the Petition be granted. Exceptions were filed by the OCA and the Philadelphia Industrial and Commercial Gas Users Group on 12/30/15, and by PGW on 12/31/15. Replies to Exceptions were filed by the Environmental Defense Fund on 1/4/16, and by the OCA, the Bureau of Investigation and Enforcement, and PGW on 1/11/16.  RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.  The Statements of Vice Chairman Place and Commissioner Powelson are attached.  Vote 5-0, noting a partial dissent of Commissioner Powelson.

NO ANNOUNCEMENTS

 

NEXT PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR THURSDAY, FEBRUARY 11, 2016 AT 10:00 A.M. 

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