1. science
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PENNSYLVANIA PUBLIC UTILITY COMMISSION
________________
PUBLIC MEETING
________________
AUGUST 29, 2002 (KP)
10:00 A. M.
MAIN HEARING ROOM NO. 1
SECOND FLOOR COMMONWEALTH KEYSTONE BUILDING
__________________
The Commission will act on various matters at today’s meeting, which is open
to the public. However, since adequate forums have been made available for public
participation in cases before the Commission, there will be no opportunity for the
public to address the Commission.
The attached agenda is complete at the time of issuance, but other items may
be added and some stricken without further notice.
The listing of an item on the agenda does not necessarily mean that the
Commission will take final action on it at this meeting. When the Commission does
take final action, its decision---except on routine, uncontested tariff filings---will be put
in writing and served on the interested parties and made public at the time it is entered
and served.
All public documents---such as orders, opinions, hearing transcripts, comments,
initial and recommended decisions, and the like---relating to items on the agenda, may
be examined in the Commission’s File Room located in Room B-7, Second Floor, this
Building.
The Commissioners seated on the bench are:
COMMISSIONER
VICE CHAIRMAN
CHAIRMAN
COMMISSIONER
Terrance J. Fitzpatrick Robert K. Bloom Glen R. Thomas Aaron Wilson, Jr.
COMMISSIONER
Kim Pizzingrilli
BUREAU DIRECTORS AND MEMBERS
OF THE LEGAL, TECHNICAL AND
ADMINISTRATIVE STAFF OF THE
COMMISSION
THE TAKING OF PHOTOGRAPHS IS PERMITTED PROVIDED FLASH IS NOT USED.
The Next Public Meeting is Tentatively Scheduled for Thursday, September 12, 2002 at 10:00 a.m.
Minutes of the Meeting of July 18, 2002 (AW)
***ANNOUNCEMENTS***
THE NEXT
PUBLIC MEETING OF THE PENNSYLVANIA PUBLIC
UTILITY COMMISSION IS SCHEDULED FOR THURSDAY, SEPTEMBER 12,
2002, AT 10:00 A.M., IN HEARING ROOM #1, SECOND FLOOR,
COMMONWEALTH KEYSTONE BUILDING, 400 NORTH STREET. AN AGENDA
FOR PUBLIC MEETING WILL BE MADE AVAILABLE TO ALL
COMMISSIONERS AND INTERESTED PERSONS PRIOR TO THE PUBLIC
MEETING.
ALSO, THE COMMISSION HAS SCHEDULED AN EXECUTIVE SESSION,
FOR THURSDAY, AUGUST 29, 2002, AT 2:00 P.M., IN THE COMMISSION’S JR.
EXECUTIVE CHAMBERS,
THIRD FLOOR, KEYSTONE BUILDING.
THE
COMMISSION WILL LIMIT ITS AGENDA TO:
1. DISCUSSING PERSONNEL MATTERS.
2. CONSULTING WITH ITS LEGAL OR TECHNICAL STAFF ABOUT
ACTIONS WHICH THIS COMMISSION IS LITIGATING
BEFORE OTHER
ADMINISTRATIVE AGENCIES OR COURTS.
3.
DISCUSSING CASES WHICH WILL
ADJUDICATED
BY COMMISSION ACTION.
BE
COMMENCED
OR
4. REVIEWING LEGALLY PRIVILEGED OR CONFIDENTIAL MATTERS.
5. DISCUSSING COLLECTIVE BARGAINING ISSUES.
6. CONSIDERING THE PURCHASE OR LEASE OF REAL ESTATE.
AN AGENDA FOR THE EXECUTIVE SESSION WILL BE DISTRIBUTED TO
ALL COMMISSIONERS IN ADVANCE OF THIS SESSION. THIS NOTICE IS
PROVIDED IN ACCORDANCE WITH ACT 84 of 1986, KNOWN AS THE
SUNSHINE ACT.
**************
A LISTING OF THE COMPLAINTS INITIATED BY THE COMMISSION’S
ENFORCEMENT BUREAUS, DURING THE CURRENT MONTH, IS AVAILABLE
FOR PUBLIC INSPECTION IN ROOM B-7 NORTH, SECOND FLOOR, KEYSTONE
BUILDING.
1-A
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
TSM-0086*
A-00119034, F.6000 Emergency temporary authority application of DAVID
G. MARX, SR., T/D/B/A MARX LIMOUSINE
SERVICE, Pittsburgh, Allegheny County, for the right to
transport persons in limousine service.
RECOMMENDATION that the Commission adopt
the proposed order approving the emergency temporary
authority application.
Vote 5-0
TSM-0089*
Vote 5-0
TSM-0091*
Vote 5-0
TSM-0092*
Vote 5-0
TSM-0102*
Vote 5-0
NAME AND SUBJECT
A-00119033, F.6000 Emergency temporary authority application of NU
EXODUS, INC., T/D/B/A J & W AIRPORT
TRANSPORTATION, Pittsburgh, Allegheny County,
for the right to transport persons in limousine service.
RECOMMENDATION that the Commission adopt
the proposed order approving the emergency temporary
authority application.
A-00119025, F.6000 Emergency temporary authority application of SCOTT
F. LENGYEL, Pittsburgh, Allegheny County, for the
right to transport persons in limousine service.
RECOMMENDATION that the Commission adopt
the proposed order approving the emergency temporary
authority application.
A-00119040, F.6000 Emergency temporary authority application of MARIE
A. COSTANZA, T/D/B/A COSTANZA’S
CHAUFFEUR SERVICE, Pittsburgh, Allegheny
County, for the right to transport persons in limousine
service.
RECOMMENDATION that the Commission adopt
the proposed order approving the emergency temporary
authority application.
A-00119048, F.6000 Emergency temporary authority application of ACTY T.
RINDT, T/D/B/A EXCEL LIMOUSINE,
Murrysville, Westmoreland County, for the right to
transport persons in limousine service.
RECOMMENDATION that the Commission adopt
the proposed order approving the emergency temporary
authority application.
2
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
TSM-0104*
A-00118279, F.6000 Emergency temporary authority application of JOHN
CHAPMAN, T/D/B/A CHAPMAN’S LIMOUSINE
SERVICE, Pittsburgh, Allegheny County, for the right to
transport persons in limousine service.
RECOMMENDATION that the Commission adopt
the proposed order approving the emergency temporary
authority application.
Vote 5-0
TSM-0109*
Vote 5-0
TSM-0110*
Vote 5-0
TSM-0116*
Vote 5-0
NAME AND SUBJECT
A-00117497, F.6000 Emergency temporary authority application of HANS
SCHACK AND MARK SCHACK,
COPARTNERS, T/D/B/A ALLEGHENY
BUSINESS LIMOUSINE, Pittsburgh, Allegheny
County, for the right to transport persons in limousine
service.
RECOMMENDATION that the Commission adopt
the proposed order approving the emergency temporary
authority application.
A-00119044, F.6000 Emergency temporary authority application of KIM
TURNER, T/D/B/A TURNER LIMOUSINE,
Homestead, Allegheny County, for the right to transport
persons in limousine service.
RECOMMENDATION that the Commission adopt
the proposed order approving the emergency temporary
authority application.
A-00117788, F.3
Application of LONG MOTOR BUSES, INC.,
Philipsburg, Centre County, for the additional right to
transport, as a common carrier, by motor vehicle,
persons in group and party service.
RECOMMENDATION that the Commission adopt
the proposed order approving the application.
3
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0117
A-00110545
Motor Carrier rate increases in accordance with 52 Pa
Code §23.67.
TRISTATE HOUSEHOLD GOODS TARIFF
CONFERENCE, INC., ON BEHALF OF
PARTICIPATING MEMBERS OF LEHIGH &
NORTHAMPTON COUNTIES, FISCHER
HUGHES OF ALLENTOWN, INC., ET AL.
Increase in rates.
RECOMMENDATION that the Commission approve
the acceptance of the tariff under the prescribed rules.
A-00109593
Motor Carrier rate increases in accordance with 52 Pa
Code §23.67.
TRISTATE HOUSEHOLD GOODS TARIFF
CONFERENCE, INC., ON BEHALF OF
PARTICIPATING MEMBERS OF
WASHINGTON COUNTY, ANDERSON
TRANSFER, INC., ET AL. Increase in rates.
RECOMMENDATION that the Commission approve
the acceptance of the tariff under the prescribed rules.
A-00086901
Motor Carrier rate increases in accordance with 52 Pa
Code §23.67.
TRISTATE HOUSEHOLD GOODS TARIFF
CONFERENCE, INC., ON BEHALF OF
PARTICIPATING MEMBERS OF
PHILADELPHIA COUNTY, ADVANCE
TRANSPORTATION CO., INC., ET AL. Increase
in rates.
RECOMMENDATION that the Commission approve
the acceptance of the tariff under the prescribed rules.
R-0002____
BDB & SONS MOVING, INC., Exton, Chester
County. Increase in rates.
RECOMMENDATION that the Commission permit
that 1st Revised Page 21-C to Tariff Freight Pa. PUC
No. 54 as filed by the carrier become effective
September 2, 2002.
Vote 5-0
TSM-0119
Vote 5-0
TSM-0120
Vote 5-0
TSM-0121*
Vote 5-0
4
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
TSM-0123*
A-00110740, F.6000 Emergency temporary authority application of GUY
BERTINI, T/D/B/A AMERICAN TIFFANY
LIMOUSINE SERVICE, Duquesne, Allegheny
County, for the right to transport persons in limousine
service.
RECOMMENDATION that the Commission adopt
the proposed order approving the emergency temporary
authority application.
Vote 5-0
TSM-0125*
A-00117832
Application of LATROBE AREA HOSPITAL, INC.,
Latrobe, Westmoreland County, for the right to begin to
transport, as a common carrier, by motor vehicle,
persons in paratransit service.
RECOMMENDATION that the Commission adopt
the proposed order approving the application, as
amended.
A-00118924
Application of GLEN & GWEN
TRANSPORTATION, INC., Tunkhannock, Wyoming
County, for the approval of the transfer to applicant of all
of the common carrier call or demand right held by
Gerald E. Sands, t/d/b/a AJ Taxi at
A-00110392, F.2.
RECOMMENDATION that the Commission adopt
the proposed order approving the transfer application
and that a certificate be issued to the applicant. The
certificate issued to the transferor to be canceled by
supplemental order.
A-00100101, F. 1,
Am-A
Application of HERMAN SHEPPARD DETECTIVE
SYSTEM, INC., Philadelphia, for the discontinuance of
service and cancellation of its certificate as a common
carrier, by motor vehicle at A-00100101, F. 1,
authorizing the transportation of persons in limousine
service.
RECOMMENDATION that the Commission adopt
the proposed order approving the application for
discontinuance and cancellation of its certificate.
Vote 5-0
TSM-0126*
Vote 5-0
TSM-0127*
Vote 5-0
NAME AND SUBJECT
5
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
TSM-0128*
A-00118075, F.6000 Emergency temporary authority application of LEA C.
MORGAN, T/D/B/A AMORE’ LIMOUSINE,
North Versailles, Allegheny County, for the right to
transport persons in limousine service.
RECOMMENDATION that the Commission adopt
the proposed order approving the emergency temporary
authority application.
Vote 5-0
TSM-0129*
A-00118522
Application of PENNSYLVANIA MEDICAL
TRANSPORT, INC., T/D/B/A MEDEVAC, Ellwood
City, Lawrence County, for the right to transport persons
in paratransit service.
RECOMMENDATION that the Commission adopt
the proposed order approving the application, as
amended.
A-00107326, F.2,
Am-A
Application of HANDY DELIVERY, INC., State
College, Centre County, for the partial discontinuance of
service, of the following authority: persons upon call or
demand.
RECOMMENDATION that the Commission adopt
the proposed order approving the application for the
partial discontinuance of service.
A-00110266, F.1,
Am-B
Application of DELAWARE EXPRESS SHUTTLE,
INC., Newark, Delaware County, for amendment to its
common carrier certificate: SO AS TO PERMIT the
transportation of persons, in airport transfer service.
RECOMMENDATION that the Commission adopt
the proposed order approving the application.
A-00118917
Application of CENTENNIAL TRANSPORT
SERVICES, INC., Philadelphia, for the transfer of the
paratransit rights of Guardian Ambulance Service, Inc.,
authorized under the certificate issued at A-00114888.
RECOMMENDATION that the Commission adopt
the proposed order approving the application, and
canceling the certificate of the transferor at
A-00114888 by supplemental order.
Vote 5-0
TSM-0130*
Vote 5-0
TSM-0131*
Vote 5-0
TSM-0132*
Vote 5-0
NAME AND SUBJECT
6
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0133*
A-00118932
Application of WCU ENTERPRISES, LLC, T/D/B/A
ENCORE TOURS, Mechanicsburg, Cumberland
County, for a brokerage license, evidencing the
Commission’s approval of the beginning of the right and
privilege to operate as a broker, to arrange for the
transportation of persons, between points in
Pennsylvania.
RECOMMENDATION that the Commission adopt
the proposed order approving the application.
A-00118804
Application of PEOPLE UNITED TOGETHER
(P.U.T.), Philadelphia, for the right to begin to transport,
as a common carrier, by motor vehicle, persons in
paratransit service.
RECOMMENDATION that the Commission adopt
the proposed order approving the application, as
amended.
A-00118524
Application of INFINITY LIMOUSINE, INC.,
Wyomissing, Berks County, for the approval of the
transfer to applicant of all of the common carrier
limousine right held by Lehman Limousine Service, Inc. at
A-00108333.
RECOMMENDATION that the Commission adopt
the proposed order approving the transfer application
and that a certificate be issued to the applicant. The
certificate issued to the transferor to be canceled by
supplemental order.
A-00115480, F. 3
Application of FREDERICK L. COREY, T/D/B/A
COREY TRANSPORTATION, Meadville, Crawford
County, for the additional right to transport, as a common
carrier, by motor vehicle, persons upon call or demand.
RECOMMENDATION that the Commission adopt
the proposed order approving the application.
Vote 5-0
TSM-0134*
Vote 5-0
TSM-0135*
Vote 5-0
TSM-0136*
Vote 5-0
7
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0138*
A-00118447, F. 2
Application of VICKI M. CRANSTON, T/D/B/A
VICKI CRANSTON SERVICES, Newtown, Bucks
County, for the right to begin to transport, as a common
carrier, by motor vehicle, household goods, in use,
between points in the city and county of Philadelphia, and
the county of Bucks, and from points in said territory, to
points in Pennsylvania, and vice versa.
RECOMMENDATION that the Commission adopt
the proposed order dismissing the application for lack of
prosecution.
A-00117050
Petition of NORMA J. ALENOVITZ, T/D/B/A
L & L LUXURY LIMO, Broad Top, Huntingdon
County, for reinstatement of her application for the
purpose of compliance.
RECOMMENDATION that the Commission adopt
the proposed order granting petition for reinstatement of
the application subject to conditions.
A-00118844
Application of GUILFORD TOWNSHIP for the
approval of the abolition of an existing unsignalized atgrade crossing (DOT 535 146 X) and the construction of
a new signalized at-grade crossing due to the relocation
of Guilford Springs Road
(T-467) which crosses a single track of Norfolk
Southern Railway Company, Guilford Township,
Franklin County.
RECOMMENDATION that the Commission adopt
the order approving the application.
Vote 5-0
TSM-0140*
Vote 5-0
TSR-0022*
Vote 5-0
8
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSR-0023*
A-00117083
Application of DEPARTMENT OF
TRANSPORTATION for approval to: (1) abolish the
suspended at-grade crossing where SR 0119 crossed a
single track owned by PA Lines, LLC (AAR 529 106
R); and (2) suspend the public at-grade crossing where
SR 3011 crosses a single track owned by PA Lines,
LLC and operated on by Norfolk Southern Railway
Company (AAR 545 124 A), Burrell Township, Indiana
County.
RECOMMENDATION that the Commission approve
the abolition of the State Route 0119 crossing and the
suspension of the State Route 3011 crossing.
A-00079143C0201
PUC v. HARRISBURG TAXICAB & BAGGAGE
COMPANY, T/A YELLOW CAB, Lemoyne,
Cumberland County.
FINE $1,250.00.
Vote 5-0
TSV-0004*
Vote 5-0
9
PUC-246
*Denotes Order
BUREAU OF AUDITS
BUREAU NO.
DOCKET NO.
AUD-0014
D-02SPS013
Statement by Chairman Thomas
Vote 5-0
AUD-0016
UNITED WATER PENNSYLVANIA, INC.
Harrisburg, PA
Auditor's Report on the Distribution System
Improvement Charge for the three years ended
December 31, 2000, which contained nine findings.
RECOMMENDATION to release the Audit Report.
D-01NUG005
D-01NUG006
METROPOLITAN EDISON COMPANY AND
PENNSYLVANIA ELECTRIC COMPANY
Reading, PA
Order approving the Reports on the Audit of Non-Utility
Generation Related Stranded Cost Recovery Through
the Competitive Transition Charge.
RECOMMENDATION that the Commission adopt
the proposed Order.
M-00021624,
et al
GAS COST RATES TO BECOME EFFECTIVE
SEPTEMBER 1, 2002.
RECOMMENDATION that the Commission approve
those rates reflected on Attachment A of AUD-0019 to
become effective with service rendered on and after
September 1, 2002 and that the Commission approve
NUI Valley Cities Gas' request for a 30-day extension
for filing and application of its 2002-2003 GCR.
Vote 5-0
AUD-0019
Vote 5-0
SURVEY OF CORPORATE GOVERNANCE
CONTROLS AND AUDIT-RELATED
PRACTICES PERTAINING TO THE
FINANCIAL REPORTING PROCESS.
Survey questionnaire responses were received from 27
utilities. The Bureau of Audits has completed its review
and issued its report.
RECOMMENDATION to make the Survey Report
public.
D-00DSC017
Vote 5-0
AUD-0018*
NAME AND SUBJECT
10
PUC-246
*Denotes Order
BUREAU OF AUDITS
BUREAU NO.
DOCKET NO.
AUD-0020
M-00021623,
et al
Vote 5-0
NAME AND SUBJECT
STEAM/CHILLED WATER COST RATES TO
BECOME EFFECTIVE SEPTEMBER 1, 2002.
RECOMMENDATION that the Commission approve
those rates as reflected on Attachment A of AUD-0020
to become effective with service rendered on and after
September 1, 2002.
11
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0152 2ndR*
A-00115848
APPLICATION OF STEWARTSTOWN
BOROUGH...
On April 26, 1999, the Borough filed an Application
seeking approval of the construction of a new crossing
where Bailey Drive, a proposed Borough Street, will cross
a single track of the Railroad. Per Secretarial Letter dated
March 5, 2002, the Commission declared that the project
had been satisfactorily completed and that the proceeding
should be marked “closed.” On March 15, 2002, the
Railroad filed a Letter-Petition seeking Reconsideration.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which denies the
Letter-Petition.
C-00004254
HARRY AND LORETTA THOMAS v. VERIZON
PA INC.
On September 27, 2000, the Complainants filed an
Extended Area Service Complaint against the Respondent
regarding the Bath Exchange. The
Initial Decision of ALJ Nguyen was issued on
February 15, 2002. On March 7, 2002, Exceptions were
filed by the Respondent and the Office of Consumer
Advocate.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which denies the
Exceptions of the Respondent, grants the Exceptions of
the OCA, and reverses the Initial Decision of the ALJ,
consistent with the proposed Opinion and Order.
Vote 5-0
OSA-0165*
(PP from 8/8/02)
Motion by Vice Chairman Bloom
Vote 5-0
12
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0226*
(PP from 8/8/02)
A-00114425C0101
DANIEL A. LUISI v. VALLEY TAXI, INC.
On September 25, 2001, the Complainant filed a
Complaint alleging that Valley had refused to stow his
wheelchair. By Initial Decision issued on April 23, 2002,
the Complaint was sustained on the basis that Valley had
violated Section 1501 of
the Public Utility Code, 66 Pa. C.S. §1501. On
May 20, 2002, Valley filed Exceptions and also filed a
Petition to Reopen.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which denies Valley’s
Petition to Reopen and Exceptions.
Postponed by Vice Chairman Bloom until
the Public Meeting of September 12, 2002.
OSA-0235*
A-310125F7000
JOINT PETITION OF VERIZON PENNSYLVANIA INC. AND AT&T COMMUNICATIONS,
INC....
On June 19, 2002, Verizon PA and AT&T filed a Joint
Petition seeking approval of Adoption of Interconnection
Agreement under Section 252(i) of the
Telecommunications Act of 1996.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which approves the
Joint Petition.
C-79081327
BOROUGH OF ROYALTON v. NATIONAL
RAILROAD PASSENGER CORPORATION,
DEPARTMENT OF TRANSPORTATION OF THE
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF DAUPHIN, CONSOLIDATED RAIL
CORPORATION, UGI CORPORATION
This Complaint involves the rehabilitation of the Burd
Street Bridge, in the Borough of Royalton. On May 16,
2002, ALJ Weismandel issued a Recommended Decision
recommending that the Stipulation of Full Settlement of
Proceeding be approved. On June 4, 2002, Norfolk
Southern Railway Company filed Exceptions.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which grants the
Exceptions, consistent with the proposed Opinion and
Order.
Vote 5-0
OSA-0242*
Vote 5-0
13
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0252*
F-00825712
NICHOLLA ANDERSON v. PHILADELPHIA GAS
WORKS
On September 12, 2001, the Complainant filed a
Complaint against PGW alleging that she was overcharged
for residential gas service, that PGW violated a repair
service agreement, and that PGW failed to credit to her
account all payments tendered. The Initial Decision of
ALJ Nguyen, issued on June 21, 2002, dismissed the
Complaint. The Complainant filed Exceptions on July 9,
2002.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which denies the
Complainant’s Exceptions.
A-212285F0096
A-230073F0004
JOINT APPLICATION OF PENNSYLVANIAAMERICAN WATER COMPANY AND THAMES
WATER AQUA HOLDINGS GmbH...
The Application was filed by the Joint Applicants on
December 14, 2001. The Initial Decision of ALJ
Weismandel was issued on June 21, 2002, recommending
that the Joint Applications be granted, subject to the
conditions accepted by the Joint Applicants. Exceptions
were filed separately on July 11, 2002 by OCA, OTS;
and PennFutures Parties.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which denies the
Exceptions, and adopts the Initial Decision, consistent with
the proposed Opinion and Order.
Vote 5-0
OSA-0253*
Motion by Chairman Thomas
Vote 5-0
14
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0256*
F-01017024
ELISA M. ACOT v. PPL ELECTRIC UTILITIES
CORPORATION
On December 13, 2001, the Complainant filed a
Complaint against PPL alleging that she was overcharged
for residential electric service to her vacation home every
winter since 1990. By Initial Decision issued on June 21,
2002, the Complaint was dismissed. Exceptions were
filed by the Complainant on July 1, 2002, and served on
PPL on July 18, 2002. The Exceptions also contained a
request for leave to withdraw the Complaint.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which denies the
Complainant’s request for leave to withdraw her
Complaint and denies her Exceptions.
A-310125F7002
JOINT PETITION OF THE UNITED TELEPHONE
COMPANY OF PENNSYLVANIA d/b/a SPRINT
AND AT&T COMMUNICATIONS OF
PENNSYLVANIA, INC....
On June 7, 2002, Sprint and AT&T filed a Joint Petition
for approval of the Adoption of a Master Interconnection
and Resale Agreement under Sections 251 and 252 of the
Telecommunications Act of 1996.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which grants the Joint
Petition, thereby approving the Agreement, consistent with
the Opinion and Order.
A-311080F7000
JOINT PETITION OF VERIZON PENNSYLVANIA INC. f/k/a BELL ATLANTICPENNSYLVANIA, INC. AND CRICKET
COMMUNICATIONS, INC., d/b/a CRICKET
WIRELESS, INC....
On June 18, 2002, Verizon PA and Cricket filed a Joint
Petition seeking approval of Amendment No. 1 to the
Interconnection Agreement approved by the Commission
by Order entered May 25, 2001.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which grants the Joint
Petition.
Vote 5-0
OSA-0257*
Vote 5-0
OSA-0260*
Vote 5-0
15
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0261*
A-310687F7001
JOINT PETITION OF VERIZON NORTH INC.
AND ICG TELECOM GROUP, INC....
On June 14, 2002, Verizon North and ICG filed a Joint
Petition for approval of the Adoption of an
Interconnection Agreement under Sections 251 and 252
of the Telecommunications Act of 1996.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order granting the Joint
Petition, thereby approving the Agreement, consistent with
the Opinion and Order.
A-310633F7004
JOINT PETITION OF ALLTEL PENNSYLVANIA,
INC. AND LEVEL 3 COMMUNICATIONS, LLC...
On June 20, 2002, ALLTEL and Level 3 filed a Joint
Petition for approval of an Interconnection Agreement
under Section 252(e) of the Telecommunications Act of
1996.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order granting the Joint
Petition, thereby approving the Agreement, consistent with
the Opinion and Order.
A-310917F7000
JOINT PETITION OF VERIZON PENNSYLVANIA INC. AND LINE SYSTEMS, INC....
On June 20, 2002, Verizon PA and Line Systems filed a
Joint Petition for approval of the Adoption of an
Interconnection Agreement under Section 252(i) of the
Telecommunications Act of 1996.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order granting the Joint
Petition, thereby approving the Agreement, consistent with
the Opinion and Order.
Vote 5-0
OSA-0262*
Vote 5-0
OSA-0263*
Vote 5-0
16
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0265*
A-00107959
A-00107959C0002
A-00107959C0006
LADY LIBERTY TRANSPORTATION
COMPANY, INC.
On February 4, 2000, the Commission’s BTS instituted a
Complaint against the Petitioner, alleging that it failed to
display a valid and legible certificate of inspection on its
vehicle. On June 11, 2002, the Petitioner filed an
amended Emergency Petition for Reinstatement. On July
10, 2002, the Petitioner filed a Superseding and
Supplemental Petition for Emergency Relief. By Opinion
and Order entered July 12, 2002, the Commission denied
the Petitioner’s Emergency Petition to Reinstate and
granted the Emergency Relief Request. On July 29, 2002,
the Petitioner filed the instant Petition for Reconsideration.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which denies the
Petition for Reconsideration.
Statement by Commissioner Wilson
Statement by Commissioner Fitzpatrick
Vote 4-1 with Commissioner Wilson
Dissenting.
OSA-0266*
Vote 5-0
A-310752F7000
PETITION OF VERIZON PENNSYLVANIA INC.
FOR RESOLUTION OF DISPUTE; PETITION
FOR RECONSIDERATION OF WORLDCOM,
INC.
On May 29, 2002, the Commission entered its Opinion
and Order which granted the Exceptions of Verizon PA
and denied the counter-claim of WorldCom in this
proceeding. On June 13, 2002, WorldCom filed a
Petition for Reconsideration of that May 29 Order. On
June 29, 2002, the Commission granted WorldCom’s
Petition, pending further consideration of the merits. The
merits of the Petition are now before the Commission.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which denies
WorldCom’s Petition, consistent with the proposed
Opinion and Order.
17
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-0469*
A-310103F2000
Application filed June 26, 2002, by PHONETEL
TECHNOLOGIES, INC., seeking approval for the
Abandonment of the Certificate of Public Convenience.
RECOMMENDATION that the Application for
Abandonment be approved.
A-310870F2000
Application filed June 24, 2002, by METROCALL,
INC., seeking approval for the Abandonment of the
Certificate of Public Convenience.
RECOMMENDATION that the Application for
Abandonment be approved.
A-310621F2000
Application filed October 24, 2001, by VANGUARD
TELECOM. CORP., seeking approval for the
Abandonment of the Certificate of Public Convenience.
RECOMMENDATION that the Application for
Abandonment be approved.
M-00001373F0006
IMPLEMENTATION OF NUMBER
CONSERVATION MEASURES granted to
Pennsylvania by Federal Communications Commission
in its Order released March 31, 2000 NXX Code
Reclamation.
RECOMMENDATION that the Commission reclaim
NXX Codes 724-406, 724-630, 724-690, 724-716,
724-740, 724-759, 724-808, 724-809, 724-815, 724870, 724-922 and 724-990 from Arbros
Communications and return these codes to the North
American Numbering Plan Administrator for
reuse/reassignment.
M-00001373F0030
IMPLEMENTATION OF NUMBER
CONSERVATION MEASURES granted to
Pennsylvania by Federal Communications Commission
in its Order released March 31, 2000 NXX Code
Reclamation.
RECOMMENDATION that the Commission reclaim
NXX Code 412-436 from PaeTec Communications
and return this code to the North American Numbering
Vote 5-0
FUS-0471*
Vote 5-0
FUS-0473*
Vote 5-0
FUS-0475*
Vote 5-0
FUS-0478*
Vote 5-0
18
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
FUS-0852*
DOCKET NO.
A-212285F0102
Vote 5-0
FUS-0857*`
Application filed May 24, 2002 by TOWNSHIP OF
MIDDLETOWN, BUCKS COUNTY, for approval
of the sale of Bucks County Water & Sewer Authority
of its assets used and useful in providing water service
beyond the Township’s municipal boundaries, the
transfer of service obligations, and abandonment of
jurisdictional service by the Twp.
RECOMMENDATION that the draft Order be
adopted approving the Application
A-212285F0104
Application filed June 24, 2002 by PENNSYLVANIA
AMERICAN WATER CO., for approval of the right
to offer, render, furnish or supply water service to the
public in portions of Nottingham Twp., Fallowfield
Twp., and Somerset Twp., Washington County, PA,
nunc pro tunc.
RECOMMENDATION that the Application be
approved.
R-00027587
PHILADELPHIA GAS WORKS (“PGW”) filed
Supplement No. 27 to Tariff Gas-Pa. PUC No. 1 on
July 10, 2002, to become effective July 11, 2002,
proposing to change the procedures for suspension and
reinstatement in the Customer Responsibility Program in
conformance with Public Utility Commission guidelines.
RECOMMENDATION that the Tariff be approved
consistent with the proposed Order.
Vote 5-0
FUS-1070*
Vote 5-0
Plan Administrator for reuse/reassignment.
Application filed May 24, 2002, by
PENNSYLVANIA-AMERICAN WATER
COMPANY, for approval to offer, render, furnish or
supply water service to the public in additional portions
of Perkiomen Township, Montgomery County, PA.
RECOMMENDATION that the Application be
approved consistent with the proposed Order.
A-222200F2000
Vote 5-0
FUS-0864*
NAME AND SUBJECT
19
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-1071*
A-121850F2027
Application filed April 19, 2002, by NATIONAL
FUEL GAS DISTRIBUTION CORPORATION
for approval of abandonment of service to one natural
gas customer located in Ashland Township, Clarion
County, Pennsylvania.
RECOMMENDATION that the Application be
approved.
A-111250F0092
Letter of Notification filed May 30, 2002 by WEST
PENN POWER COMPANY d/b/a ALLEGHENY
POWER to reconductor and reconstruct the existing
Van Kirk Junction – Gordon 138kV transmission line
located in Canton and North Franklin Townships,
Washington County, PA.
RECOMMENDATION that the Commission
approve the Letter of Notification as filed.
A-311201
Application filed June 26, 2002, by ECONODIAL,
LLC, for approval to offer, render, furnish or supply
telecommunication services as a reseller of interexchange
(IXC) services.
RECOMMENDATION that the Commission adopt
the proposed Order approving the Application.
A-310507
Application filed June 6, 2002, by AMERICAN
TELECOMMUNICATIONS SYSTEMS, INC., for
approval to offer, render, furnish or supply
telecommunication services as a reseller of interexchange
(IXC) services.
RECOMMENDATION that the Commission adopt
the proposed Order approving the Application.
A-311203
Application filed July 11, 2002, by MGEN
SERVICES CORP., for approval to offer, render,
furnish or supply telecommunication services as a
reseller of interexchange (IXC) services.
RECOMMENDATION that the Commission adopt
the proposed Order approving the Application.
Vote 5-0
FUS-1073*
Vote 5-0
FUS-1392*
Vote 5-0
FUS-1393*
Vote 5-0
FUS-1394*
Vote 5-0
20
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-1395*
A-310629
Application filed June 10, 2002, by U.S. TELECOM
LONG DISTANCE, INC. for approval to offer,
render, furnish or supply telecommunications services as
a reseller of interexchange (IXC) toll services.
RECOMMENDATION that the Commission adopt
the proposed Order approving the Application.
A-311199
Application filed June 25, 2002, by EQUAL ACCESS
COMMUNICATIONS, LLC d/b/a EQUAL
ACCESS for approval to offer, render, furnish or
supply telecommunications services as a reseller of
interexchange (IXC) toll services.
RECOMMENDATION that the Commission adopt
the proposed Order approving the Application.
A-310395F0004
A-310457F2000
Joint Application filed June 13, 2002, by NUI
TELECOM, INC. and TELCORP, LTD. for
approval of the transfer of assets from Telcorp, Ltd. to
NUI Telecom, Inc., and for Telcorp, Ltd. to abandon
providing telecommunications service in Pennsylvania.
RECOMMENDATION that the Commission adopt
the proposed Order approving the Joint Application.
Vote 5-0
FUS-1396*
Vote 5-0
FUS-1397*
Vote 5-0
21
PUC-246
*Denotes Order
LAW BUREAU
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
L-0065 R*
P-00930715
Petition and Plan of VERIZON PENNSYLVANIA,
INC. for Alternative Form of Regulation Under Chapter
30; 2000 Biennial Update to Network Modernization
Plan.
Petition for Reconsideration of the Commission’s Order
of May 15, 2002.
RECOMMENDATION that the Commission adopt
the proposed Order denying the Petition.
Joint Motion by Vice Chairman Bloom
and Commissioner Pizzingrilli.
Statement by Commissioner Fitzpatrick
Vote 5-0
22
PUC-246
*Denotes Order
OFFICE OF ADMINISTRATIVE LAW JUDGE
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
ALJ-0041*
(PP from 8/8/02)
C-20026842
JOHN D. FULGENZIO v. VERIZON NORTH
INC.
On January 22, 2002 a complaint was filed asking that
Verizon North remove toll charges on calls from the
Albion exchange to several other exchanges in the Erie
area. On March 5, 2002, Verizon filed an Answer and a
Motion to Dismiss. On March 14, 2002, Verizon filed
an Amended Motion to Dismiss.
COMMISSION REVIEW of ALJ Nemec’s Initial
Decision granting the Amended Motion to Dismiss.
R-00027135;
R-00027135C0001
PA PUC AND OFFICE OF CONSUMER
ADVOCATE v. EQUITABLE GAS COMPANY
On April 1, 2002, Equitable Gas Company filed its
purchased gas cost filing pursuant to Section 1307(f) of
the Public Utility Code, 66 Pa. C.S. §1307(f). On
April 4, 2002, the Office of Consumer Advocate filed a
complaint. A hearing was held June 17, 2002. A Joint
Settlement Petition was submitted on July 10, 2002.
REVIEW of Judge Meehan’s Recommended Decision
approving the Joint Settlement Petition.
Vote 5-0
ALJ-0046*
Vote 5-0
ALJ-0047*
H-00006565M2543; PA PUC v. EBERE C. ONYEMEREKIYA
H-00006565M2544 Complaints filed February 6, 2002, alleging that
Respondent operated a taxicab while his motor vehicle
license was under suspension, in violation of 52 Pa. Code
Statement by Chairman Thomas
§30.76(d)(7) and operated a taxicab with an expired
Vote 5-0
TDC in violation of 52 Pa. Code §30.71(f). A hearing
was held May 9, 2002.
COMMISSION REVIEW of Judge Rainey’s Initial
Decision denying Respondent’s request for a rehearing;
sustaining both complaints; levying a civil penalty against
Respondent in the amount of $100.00 and canceling the
Respondent’s TDC.
23
PUC-246
*Denotes Order
OFFICE OF ADMINISTRATIVE LAW JUDGE
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
ALJ-0048*
F-00849666
MICHAEL MCCREY v. PECO ENERGY
COMPANY
A complaint was filed against PECO alleging that while
Complainant was in Europe for 2 months, upon his return
the bills for those months were higher than the months
while he was in residence. An answer was filed
December 12, 2001. A hearing was held on
May 9, 2002.
COMMISSION REVIEW of ALJ Nguyen’s Initial
Decision dismissing the complaint.
C-20026752
MICHAEL A. VERONA v. DUQUESNE LIGHT
COMPANY
A complaint was filed against Duquesne Light Company
on January 28, 2002, alleging a service line extension
billing dispute. An answer was filed March 1, 2002. A
hearing was held on May 28, 2002.
COMMISSION REVIEW of Judge Meehan’s Initial
Decision dismissing the complaint.
Vote 5-0
ALJ-0049*
Vote 5-0
24
PUC-246
*Denotes Order
PENNSYLVANIA PUBLIC UTILITY COMMISSION
CARRY-IN AGENDA
AUGUST 29, 2002
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0124*
A-00115729 F6000
Application of GREEN’S TAXI, INC., Burgettstown,
Washington County, for Emergency Temporary Authority
to transport persons upon call or demand in the Borough
of Canonsburg, etc.
RECOMMENDATION that the Commission adopt
the proposed Order approving the Application, effective
immediately, for Emergency Temporary Authority.
Vote 5-0
COMBINED BUREAU AGENDA
FUS-0846*
R-00027408
CITY OF JOHNSTOWN – Bureau of Sewerage
Supplement No. 12 to Tariff Sewer-Pa. P.U.C. No. 4,
filed May 10, 2002, voluntarily postponed to become
effective August 30, 2002, proposing an annual increase
in rates of $438,645.
RECOMMENDATION that the Commission give the
Respondent the alternative of filing a Supplement
calculated to produce increased revenues of
approximately $403,825 as adjusted by Staff; or, if
Respondent does not elect to file such a Tariff
Supplement, an Investigation should be instituted and the
matter assigned to the OALJ, consistent with the
proposed Order.
R-00027408
CITY OF JOHNSTOWN – Bureau of Sewerage
Supplement No. 12 to Tariff Sewer-Pa. P.U.C.
No. 4, voluntarily postponed to become effective August
30, 2002, proposing an annual increase in rates of
$438,645.
RECOMMENDATION that the Commission
Investigate the Tariff and allow the filing to be suspended
by operation of law.
Vote 5-0
OTS-10
(PP from 7/18/02)
Rejected 5-0
1
PUC-246
*Denotes Order
LAW BUREAU
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
L-0053 R*
M-00021619
INSPECTION AND MAINTENANCE OF
ELECTRIC DISTRIBUTION SYSTEMS
RECOMMENDATION that the Commission adopt
the proposed Order directing Staff to issue a Secretarial
Letter within 30 days of entry, advising EDCs of new
reporting requirements and directing Staff to further
prepare a proposed Rulemaking Order with Comments
to be solicited from interested Parties in the Rulemaking
process.
D-01SPS021
REVIEW OF THE COMMISSION’S
MONITORING PROCESS FOR ELECTRIC
DISTRIBUTION SERVICE RELIABILITY
RECOMMENDATION that the Commission adopt
the proposed Order directing Staff to issue Statements of
Policy and initiate a Rulemaking procedure to implement
the recommendations made within the Review Report.
Comments should be solicited from interested Parties in
the Rulemaking process.
Vote 5-0
L-0067*
Statement by Chairman Thomas
Vote 5-0
OFFICE OF SPECIAL ASSISTANTS
OSA-0279*
Vote 5-0
C-20018114
LEVEL 3 COMMUNICATIONS, LLC v.
MARIANNA & SCENERY HILL TELEPHONE
COMPANY
Petition for Reconsideration of the Commission’s Order
entered August 8, 2002, filed by LEVEL 3 on August
23, 2002.
RECOMMENDATION that the Commission grant the
Petition for Reconsideration pending review of and
consideration on the merits.
2
PUC-246
*Denotes Order
PENNSYLVANIA PUBLIC UTILITY COMMISSION
CARRY-IN AGENDA
SUPPLEMENTAL
AUGUST 29 2002
LAW BUREAU
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
L-0070*
M-00021632
IN RE: NEWPOWER COMPANY’s MAKE-UP
BILLS FOR ALLEGED UNBILLED UTILITY
SERVICE.
RATIFICATION of EMERGENCY ORDER issued
by Chairman Glen R. Thomas on
August 28, 2002, directing NewPower to notify affected
customers that the subject make-up bill was rescinded
and issue refunds for customers who have already paid
the charges.
Vote 5-0
1