PENNSYLVANIA PUBLIC UTILITY COMMISSION ________________ PUBLIC MEETING ________________ JUNE 13, 2002 (TF) 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, June 27, 2002 at 10:00 a.m. Minutes of the Meeting of May 9, 2002 (RB) This page is intentionally blank. PUC-246 *Denotes Order BUREAU OF TRANSPORTATION AND SAFETY BUREAU NO. DOCKET NO. NAME AND SUBJECT TSM-0016* R-0002____ RAINBOW CAB, INC., T/A RAINBOW LIMOUSINE & PARATRANSIT SERVICE, West Chester, Chester County. Increase in rates. RECOMMENDATION that the Commission permit Tariff Call or Demand Pa. PUC No. 5; Tariffs Airport Transfer Pa. PUC Nos. 6 & 7; and Tariffs Paratransit Pa. PUC Nos. 8 & 9 as filed by Rainbow, to become effective June 14, 2002. Postponed by Commissioner Wilson to June 27, 2002, public meeting TSM-0036* A-00108879, F.2 Application of JEFFRIES ENTERPRISES, INC. t/d/b/a SILVER FOX LIMOUSINE SERVICE, t/d/b/a A SILVER FOX LIMOUSINE SERVICE, Pittsburgh, Allegheny 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, as amended. A-00117931, F. 3 Application of QONNECTIONS, INC., Essington, Delaware 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, as amended and further modified. A-00108228 et al Motor Carrier rate increase of more than 1% for carriers with less than $500,000 gross annual revenues in accordance with 52 Pa Code §23.67. TRISTATE HOUSEHOLD GOODS TARIFF CONFERENCE, INC., ON BEHALF OF F. AMBROSE MOVING, INC. ET AL, Horsham, Montgomery County. Increase in rates. RECOMMENDATION that the Commission approve the acceptance of the tariff under the prescribed rules. Vote 5-0 TSM-0037* Vote 5-0 TSM-0040 Vote 5-0 2 PUC-246 *Denotes Order BUREAU OF TRANSPORTATION AND SAFETY BUREAU NO. DOCKET NO. NAME AND SUBJECT TSM-0041 A-00108973 Motor Carrier County rate increase of more than 1% for carriers with less than $500,000 gross annual revenues in accordance with 52 Pa Code §23.67. TRISTATE HOUSEHOLD GOODS TARIFF CONFERNENCE, INC., ON BEHALF OF PARTICIPATING MEMBERS OF CLARION, CRAWFORD, FOREST, VENANGO AND WARREN COUNTIES, HANNA TRANSFER COMPANY-NORTH, ET AL. Increase in rates. RECOMMENDATION that the Commission approve the acceptance of the tariff under the prescribed rules. A-00106172 et al Motor Carrier rate increase of more than 1% for carriers with less than $500,000 gross annual revenues in accordance with 52 Pa Code §23.67. TRISTATE HOUSEHOLD GOODS TARIFF CONFERENCE, INC., ON BEHALF OF THOMAS X. LIEBTAG, t/a LEE’S MOVING & STORAGE ET AL, Abington, Montgomery County. Increase in rates. RECOMMENDATION that the Commission approve the acceptance of the tariffs under the prescribed rules. A-00113632, F.2 Application of GOLD GLOVE SPORTS TOURS, INC., Schuylkill Haven, Schuylkill County, for a brokers license evidencing the Commission’s approval of the right and privilege to arrange for the transportation of persons and their baggage. RECOMMENDATION that the Commission adopt the proposed order approving the application. A-00118270 Petition of RANDOLPH S. BROWN, t/d/b/a R S BROWN LIMOUSINE, Philadelphia, for reinstatement of his application for the purpose of compliance. RECOMMENDATION that the Commission adopt the proposed order denying the petition for reinstatement of the application. Vote 5-0 TSM-0048 Vote 5-0 TSM-0052* Vote 5-0 TSM-0059* Vote 5-0 3 PUC-246 *Denotes Order BUREAU OF TRANSPORTATION AND SAFETY BUREAU NO. DOCKET NO. NAME AND SUBJECT TSM-0061* A-00118275 Application of HOLLIDAYSBURG AMERICAN LEGION AMBULANCE SERVICE, INC., Hollidaysburg, Blair County, for the right to begin to transport, as a common carrier, by motor vehicle, in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application, as amended. A-00087591 Motor Carrier rate increase of more than 1% for carriers with less than $500,000 gross annual revenues in accordance with 52 Pa Code §23.67. TRISTATE HOUSEHOLD GOODS CONFERENCE, INC., ON BEHALF OF CAMP CURTAIN TRANSFER, INC., ET AL, Harrisburg, Dauphin County. RECOMMENDATION that the Commission approve the acceptance of the tariff under the prescribed rules. A-00118707, F.2 Application of AC-COACH OPERATIONS, Greenville, Mercer County, for the approval of the transfer to applicant of all of the common carrier limousine right held by O.D. Anderson, Inc. at A00096222, F.3. RECOMMENDATON 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 cancelled by supplemental order. A-00118527 Application of HOUSTON H. PINCHAM, T/D/B/A H. H. PINCHAM MOVING COMPANY, Youngstown, Ohio, for the right to begin to transport, as a common carrier, by motor vehicle, household goods in use. RECOMMENDATION that the Commission adopt the proposed order approving the application, as amended. Vote 5-0 TSM-0062 Vote 5-0 TSM-0064* Vote 5-0 TSM-0065* Vote 5-0 4 PUC-246 *Denotes Order BUREAU OF TRANSPORTATION AND SAFETY BUREAU NO. DOCKET NO. NAME AND SUBJECT TSM-0066* A-00118707, F.3 Application of AC-COACH OPERATIONS, Greenville, Mercer County, for the approval of the transfer to applicant of all of the common carrier group and party right, held by O.D. ANDERSON, INC. at A-00096222. RECOMMENDATION that the Commission adopt the Vote 5-0 proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be cancelled by supplemental order. TSM-0067* A-00118577 Vote 5-0 Application of ELITE CARRIAGES, INC., t/d/b/a DREAM LIMOUSINES, Johnstown, Cambria County, for the right to begin to transport, as a common carrier, by motor vehicle, persons in limousine service which is to be a transfer of all of the right authorized under the certificate issued at A-00110461, to JOSEPH NATTA, JR., t/d/b/a DREAM LIMOUSINES. 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 cancelled by supplemental order. TSM-0068* A-00118769 Vote 5-0 Application of KREB’S MOVING & STORAGE CO., Clearfield, Clearfield County, for the transfer of the household goods in use and property, excluding household goods in use, authority of KREB’S MOVING & STORAGE, INC., authorized under the certificate issued at A-00107380. RECOMMENDATION that the Commission adopt the proposed order approving the application, and canceling the certificate of the transferor at A-00107380 by supplemental order. TSM-0069* Vote 5-0 A-00106548, F.1, Am-F Application of DEBO MOVING AND STORAGE, INC., Baden, Beaver County, for amendment to its common carrier certificate: SO AS TO PERMIT the transportation of household goods in use. RECOMMENDATON that the Commission adopt the proposed order approving the application. 5 PUC-246 *Denotes Order BUREAU OF TRANSPORTATION AND SAFETY BUREAU NO. DOCKET NO. NAME AND SUBJECT TSM-0070* A-00117714, F.2 Application of TIFFANY TRANSPORTATION, INC., Birdsboro, Berks County, for the right to begin to transport, as a contract carrier, by motor vehicle, persons for ADVANCE PERSONNEL STAFFING, INC., AND ADVANCE PERSONNEL TEMPORARY SERVICES, INC. RECOMMENDATION that the Commission adopt the proposed order approving the application. A-00117973 Application of SUSAN P. GRATALO, t/d/b/a CASTLE TRANSPORTATON, Hughestown, Luzerne County, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service. RECOMMENDATON that the Commission adopt the proposed order approving the application, as amended. A-00114962 Application of the DEPARTMENT OF TRANSPORTATION for approval of the reconstruction of the crossing where St. Mary’s Road crosses above the grade of a track of Reading, Blue Mountain and Northern Railroad (AAR 361 434 H) in the Borough of Avoca, Luzerne County; and an exemption from the Commission’s minimum overhead clearance requirements of 52 Pa. Code §§33.121. RECOMMENDATION that the Commission appropriate the additional railroad property necessary for the completed project. Vote 5-0 TSM-0071* Vote 5-0 TSR-0013* Vote 5-0 6 PUC-246 *Denotes Order BUREAU OF CONSERVATION ECONOMICS AND ENERGY PLANNING BUREAU NO. DOCKET NO. NAME AND SUBJECT CEP-0001* R-00974008 R-00974009 GPU ENERGY SUSTAINABLE ENERGY FUND By Final Order on May 21, 1999, the Commission approved GPU’s Advisory Board and on January 27, 2000 approved GPU’s bylaws. Request by GPU Fund Administrators that the Commission approve the appointment of Mr. Paul J. Dwyer, Green Mountain Energy Company to replace Mr. Jason Gifford. RECOMMENDATION that the Commission approve the appointment of Mr. Paul J. Dwyer to the Advisory Board for GPU’s Sustainable Energy Fund. Vote 5-0 7 PUC-246 *Denotes Order OFFICE OF SPECIAL ASSISTANTS BUREAU NO. DOCKET NO. NAME AND SUBJECT OSA-0182* A-311087F7000 JOINT PETITION OF VERIZON PENNSYLVANIA INC. AND PACLEC CORPORATION... On April 11, 2002, Verizon PA and PaCLEC 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. C-00015018 HELEN MILLER v. PHILADELPHIA GAS WORKS On March 5, 2001, the Complainant filed a Complaint alleging that the PGW had overbilled her residential account. ALJ Nguyen sustained the Complaint in an Initial Decision issued on November 21, 2001. PGW filed the instant Exceptions on December 11, 2001, which we deem to be a Petition for Rehearing. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the instant Petition. C-00015494 EMERALD ART GLASS v. DUQUESNE LIGHT COMPANY On May 29, 2001, the Complainant filed a Complaint with the Commission alleging that interruptions in the electric service provided by Duquesne caused property damages and resultant expenses. The Initial Decision of ALJ Corbett, issued on March 25, 2002, recommended that the Complaint be sustained and also that Duquesne pay a civil penalty of $1,000. Duquesne filed Exceptions to the Initial Decision on April 15, 2002. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order that denies Duquesne’s Exceptions and adopts the ALJ’s Initial Decision, as modified by the Opinion and Order. Vote 5-0 OSA-0184* Vote 5-0 OSA-0185* Vote 5-0 8 PUC-246 *Denotes Order OFFICE OF SPECIAL ASSISTANTS BUREAU NO. DOCKET NO. NAME AND SUBJECT OSA-0186* C-00015474 MARI T. GURZ v. PG ENERGY, GAIL HUGHES AND ROBERT RYAN On May 21, 2001 the Complainant filed a Formal Complaint against the Respondent alleging that a foreign load existed at the premises where the Complainant was a tenant. By Order issued September 17, 2001, Robert Ryan and Gail Hughes were added to the proceeding as Additional Parties Respondent. An Initial Decision from the Bench was issued on December 13, 2001, recommending that the Complaint be sustained. On March 21, 2002, the Initial Decision from the Bench was reissued because all Parties were not served. On April 9, 2002, Additional Respondent Robert Ryan filed Exceptions to the Initial Decision. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies Additional Respondent Robert Ryan’s Exceptions, and affirms the ALJ’s Initial Decision. Z-00943976 RENEE MARCELLA v. PENNSYLVANIA POWER COMPANY On August 7, 2001, the Petitioner filed a Formal Complaint as an appeal from a determination of the Commission’s BCS. The Initial Decision of ALJ Nene, issued on February 6, 2002, dismissed the Formal Complaint. On April 6, 2002, the Petitioner filed a Petition for Reconsideration. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Petition for Reconsideration. Vote 5-0 OSA-0187* Vote 5-0 9 PUC-246 *Denotes Order OFFICE OF SPECIAL ASSISTANTS BUREAU NO. DOCKET NO. NAME AND SUBJECT OSA-0192* F-00895063 JULIO M. RAMIREZ v. PECO ENERGY COMPANY On August 30, 2001, the Complainant filed a Complaint that disputed a billing adjustment by PECO. On March 5, 2002, ALJ Nguyen issued an Initial Decision which sustained the Complaint, directed the Complainant to pay $30 per month towards the adjusted bill, in addition to his regular monthly billing, and directed PECO to waive all late charges on the account. The Complainant and PECO filed Exceptions to the Initial Decision. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Complainant’s Exceptions, and grants, in part, PECO’s Exceptions. Vote 5-0 10 PUC-246 *Denotes Order BUREAU OF FIXED UTILITY SERVICES BUREAU NO. DOCKET NO. NAME AND SUBJECT FUS-0842* A-212285F0097 A-210073F2000 Joint Application filed February 15, 2002, by PENNSYLVANIA-AMERICAN WATER COMPANY and MID-MONROE WATER COMPANY, for approval (1) to transfer, by sale, the water works property and rights of Mid-Monroe to PAWC; (2) commencement by PAWC of water service in the certificated service territory of Mid-Monroe; and (3) abandonment by Mid-Monroe of all water service to the public. RECOMMENDATION that the proposed draft Order be adopted approving the Joint Application. A-210104F0012, et al C-00967814 R-00984334 Joint Application of PENNSYLVANIA SUBURBAN WATER COMPANY et al., filed on various dates for approval of various purchases of assets and rights. Complaint case Pa. P.U.C. v. NUI, et al., and Petition of NUI for rate increase. RECOMMENDATION that the draft Order be adopted approving the nine Applications and closing the Complaint and rate case. Vote 5-0 FUS-0845* Vote 5-0 Statement by Commissioner Wilson FUS-0847* Vote 5-0 A-210104F0015 A-210048F2000 Joint Application filed April 1, 2002, by PENNSYLVANIA SUBURBAN WATER COMPANY and ARIANA CORPORATION, for approval of (1) the acquisition of PSW of the water system assets of Ariana Corporation; (2) the right of PSW to begin to offer, render, furnish or supply water service to the public in a portion of Moore Township, Northampton County and (3) the abandonment by the Ariana Corporation of public water service within Moore Township, Northampton County. RECOMMENDATION that the Application be approved. 11 PUC-246 *Denotes Order BUREAU OF FIXED UTILITY SERVICES BUREAU NO. DOCKET NO. NAME AND SUBJECT FUS-0848* G-00020947 Affiliated Interest Agreement filed on March 22, 2002, between UNITED WATER PENNSYLVANIA (UWPA) and ONDEO NALCO, formerly the NALCO CHEMICAL COMPANY, setting forth the provision in which UWPA will purchase from Nalco water treatment and process chemicals for its Sixth Street Water Treatment Plant. RECOMMENDATION that the proposed draft Order be adopted approving the Affiliated Interest Agreement and imposing a civil penalty of $1,000. Vote 5-0 Statement by Commissioner Wilson FUS-1053* R-00027249 Supplement No. 22 to Tariff Gas-Pa. P.U.C. No. 1, filed on March 20, 2002, by PHILADELPHIA GAS WORKS (PGW”), to become effective May 19, 2002 and voluntarily postponed until June 14, 2002, proposing a gas transportation Pilot Program per PUC Order of December 6, 2001. RECOMMENDATION that the Supplement be approved and that the draft Order be adopted implementing the recommendation. A-110134 Petition filed March 19, 2002, by AMEREN ENERGY COMMUNICATIONS, INC., seeking to abandon its electric generation supplier (“EGS”) license. RECOMMENDATION that the proposed draft Order be adopted granting the Petition. A-110132 Petition filed March 18, 2002, by C3 COMMUNICATIONS, INC., seeking to abandon its electric generation supplier (“EGS”) license. RECOMMENDATION that the proposed draft Order be adopted granting the Petition. Vote 5-0 FUS-1057* Vote 5-0 FUS-1058* Vote 5-0 12 PUC-246 *Denotes Order BUREAU OF FIXED UTILITY SERVICES BUREAU NO. DOCKET NO. NAME AND SUBJECT FUS-1059* R-00027452 Supplement No. 162 to Tariff Electric-Pa. P.U.C. No. 39, filed May 17, 2002, by WEST PENN POWER COMPANY, to become effective June 14, 2002, proposing changes to West Penn’s procedures and cost recovery for customer line extensions. A petition for waiver of the 60-day notice provision has also been filed. RECOMMENDATION that the Supplement be approved and that the draft Order be adopted implementing the recommendation. A-311184 Application filed April 12, 2002, by TELENATIONAL COMMUNICATIONS, INC., for approval to offer, render, furnish or supply telecommunication services as a reseller of interexchange toll services to business and residential customers in the Commonwealth of Pennsylvania. RECOMMENDATION that the Commission adopt the proposed Order approving the Application. A-311182 Application filed March 27, 2002, by LINE 1 COMMUNICATIONS, LLC for approval to offer, render, furnish, or supply telecommunication services as a reseller of interexchange toll services to business and residential customers in the Commonwealth of Pennsylvania. RECOMMENDATION that the Commission adopt the proposed Order approving the Application. A-310972 F0002 Application filed February 28, 2002, by WORLDXCHANGE CORP. for approval to offer, render, furnish or supply telecommunications services as a facilities-based interexchange (IXC) toll services provider. RECOMMENDATION that the Commission adopt the proposed Order approving the Application. Vote 5-0 FUS-1364* Vote 5-0 FUS-1365* Vote 5-0 FUS-1366* Vote 5-0 13 PUC-246 *Denotes Order BUREAU OF FIXED UTILITY SERVICES BUREAU NO. DOCKET NO. NAME AND SUBJECT FUS-1367* A-311183 Application filed April 9, 2002, by INFONET TELECOMMUNICATIONS CORPORATION for approval to offer, render, furnish, or supply telecommunication services as a reseller of interexchange toll services to business and residential customers in the Commonwealth of Pennsylvania. RECOMMENDATION that the Commission adopt the proposed Order approving the Application. Vote 5-0 14 PUC-246 *Denotes Order LAW BUREAU BUREAU NO. DOCKET NO. L-0035* (PP from 5/23/02) M-0002_____ Vote 5-0 Statement by Commissioner Wilson L-0036* (PP from 5/23/02) M-0002_____ Vote 4-1 with Commissioner Wilson dissenting Statement by Commissioner Wilson L-0039* M-00011464 Vote 5-0 Statement by Commissioner Wilson L-0040* (PP from 5/23/02) R-00016999 Vote 4-1 with Commissioner Fitzpatrick dissenting Statement by Commissioner Fitzpatrick NAME AND SUBJECT PA PUC v. EQUITABLE GAS COMPANY Proposed Settlement Agreement dated April 29, 2002. RECOMMENDATION that the Commission adopt the proposed Tentative Order, which will become final after a 15-day Comment period, absent adverse Comment. PA PUC v. ACN ENERGY, INC. Proposed Settlement Agreement dated April 26, 2002. RECOMMENDATION that the Commission adopt the proposed Tentative Order, which will become final after a 15-day Comment period, absent adverse Comment. PHILADELPHIA GAS WORKS’ Implementation Plan for the Stratified Management and Operations Audit – Outsourcing Call Center Overflow. RECOMMENDATION that the Commission adopt the proposed Order granting PGW’s Petition to Rescind the Commission’s August 9, 2001 Order and close the docket in this matter. Petition of CITIZENS’ ELECTRIC COMPANY OF LEWISBURG, INC. to Modify Electric Restructuring Settlement and Proposed Provider of Last Resort Supply Offering. Revised PLR filed April 30, 2002 with an effective date of June 1, 2002. RECOMMENDATION that the Petition be granted, consistent with the proposed Order. 15 PUC-246 *Denotes Order LAW BUREAU BUREAU NO. DOCKET NO. L-0041* L-00010154 Proposed Rulemaking Re: DELETION OF OBSOLETE STREET RAILWAY TRANSPORTATION REGULATIONS at 52 Pa. Code §35.1 through 35.44. RECOMMENDATION that the Commission adopt the Comments submitted by IRRC and directs the final adoption of the regulations set forth in Annex A, consistent with the proposed Order. A-00115191, D.C. 1 Application of the DEPARTMENT OF TRANSPORTATION for approval of (1) the alteration of the crossing (AAR 592 808 Y) by demolition of the existing bridge superstructure and substructure in lieu thereof where Bethlehem Pike (S>R> 2018) crosses above the grade of the tracks of SEPTA, located in Whitemarsh Township, Montgomery County; and the allocation of costs incident thereto and (2) exemption from the minimum overhead clearance requirements of Subchapter C of the 52 Pa. Code (33.121). RECOMMENDATION that the Commission adopt the proposed Order referring the property damage claim to the Court of Common Pleas of Montgomery County. P-00930715 VERIZON PENNSYLVANIA INC. – Petition and Plan for Alternative Form of Regulation Under Chapter 30 2000 Biennial Update to Network Modernization Plan. RECOMMENDATION that the Commission adopt the proposed Order which grants the Petition pending further review of and consideration on the merits. I-00010090 Investigation Upon the Commission’s Own Motion with Regard to PJM Installed Capacity Credit Markets. RECOMMENDATION that the Commission release the Investigation Report and refer the matter to appropriate authorities pursuant to 66 Pa. C.S. §2811 (d). Vote 5-0 L-0042* Vote 5-0 L-0043* Vote 5-0 L-0046* Vote 5-0 Statement by Chairman Thomas Statement by Commissioner Wilson Statement by Commissioner Fitzpatrick NAME AND SUBJECT 16 PUC-246 *Denotes Order LAW BUREAU BUREAU NO. DOCKET NO. L-0047* P-00011914 Petition for Declaratory Order of RUSSELL ADAMS, JOHN F. ADAMS, and BEVERLY J. HAMILTON regarding Columbia Gas of PA, Inc. and Columbia Gas Transmission Corp. RECOMMENDATION that the Commission deny the Petition and grant the Motions to Dismiss. P-00011921 Petition of PPL ELECTRIC UTILITIES CORPORATION for a Declaratory Order to Terminate a Controversy Concerning Payment for Retail Electric Service Furnished by PPL Electric Utilities Corporation to Sunbury Generation, LLC. RECOMMENDATION that the Commission hold the Petition in Abeyance and refer the matter to the Office of Administrative Law Judge for a Recommended Decision. Vote 5-0 L-0048* Vote 5-0 NAME AND SUBJECT 17 PUC-246 *Denotes Order OFFICE OF ADMINISTRATIVE LAW JUDGE BUREAU NO. DOCKET NO. NAME AND SUBJECT ALJ-0021* R-00016681C0013 RICHARD COLLINS v. NORTH PITTSBURGH TELEPHONE COMPANY (NPTC) Complaint filed December 19, 2001 against NPTC alleging lack of notice of NPTC’s Chapter 30 Plan filing and objected to what complainant deemed an excessive rate increase “in one-party residence telephone line monthly charge.” On January 28, 2002, NPTC filed an Answer and Motion to Dismiss. REVIEW of ALJ Weismandel’s Recommended Decision granting the Motion and striking the complaint. F-00976510 VERNELL L. SEBRELL v. PECO ENERGY COMPANY On November 13, 2001, a complaint was filed against PECO Energy Company alleging, inter alia, that PECO improperly read her meter, added improper interest charges and a transfer fee. On December 19, 2001, PECO filed an Answer. A hearing was held April 8, 2002. COMMISSION REVIEW of ALJ Smolen’s Initial Decision dismissing the complaint. C-00004044 MICHAEL A. SAVAR, PRES., ELGEE-SAVAR, INC., T/A PENN TELEPHONE SYSTEMS v. VERIZON PA INC. Complaint filed August 14, 2000, alleging that Verizon wants to charge $27.00 per phone line to change the billing name. PTS owns and operates pay phones. On September 15, 2000 Verizon filed its answer and also a Motion to Dismiss. On March 21, 2002, the parties filed a Joint Petition for Approval of Settlement Agreement. REVIEW of ALJ Turner’s Recommended Decision adopting the Joint Petition for Approval of Settlement. Vote 5-0 ALJ-0024* Vote 5-0 ALJ-0025* Vote 5-0 18 PUC-246 *Denotes Order OFFICE OF ADMINISTRATIVE LAW JUDGE BUREAU NO. DOCKET NO. NAME AND SUBJECT ALJ-0026* R-00016898 R-00016898C0001 PA PUC AND THE OFFICE OF CONSUMER ADVOCATE v. T.W. PHILLIPS GAS AND OIL COMPANY On February 1, 2002, T. W. Phillips submitted its Year 2002 Section 1307(f) filing. OTS and OSBA intervened. OCA filed a complaint. After a prehearing conference on February 13, 2002, a Prehearing Order was issued on the same day establishing a litigation schedule. On May 3, 2002, T. W. Phillips, OTS, OCA and OSBA filed a Joint Petition for Settlement. REVIEW of ALJ Corbett’s Recommended Decision approving the Joint Petition for Settlement. C-00003944 HAL GEE, JR. v. PPL UTILITIES A complaint was filed July 21, 2000 alleging PPL billed the Complainant for the relocation of its line on Complainant’s property which had been severed by PG Energy during the installation of Complainant’s gas service line. PPL filed an Answer August 14, 2000. A hearing was held January 29, 2002. COMMISSION REVIEW of ALJ Cohen’s Initial Decision dismissing the complaint without prejudice. A-00114750M0103, P-687 A-00114750M0105, P-932 PA PUC v. M-S-Y CAB COMPANY On September 26, 2001, the PA PUC instituted two separate complaints alleging that on September 11, 2001, Respondent’s taxicabs were being operated without evidence of insurance on file with the Commission. No formal Answers to the complaints were filed. A hearing was held March 13, 2002. COMMISSION REVIEW of ALJ Smolen’s Initial Decision sustaining the complaints. Vote 5-0 ALJ-0027* Vote 5-0 ALJ-0028* Postponed by Commissioner Wilson to June 27, 2002, public meeting 19 PUC-246 *Denotes Order OFFICE OF ADMINISTRATIVE LAW JUDGE BUREAU NO. DOCKET NO. NAME AND SUBJECT ALJ-0029* C-00015570 C-20016089 LARRY M. IAMPIETRO v. VERIZON PA INC.; CARL A. DETWEILER v. VERIZON PA INC. On June 8, 2001, Larry M. Iampietro filed a complaint alleging that he would like to have an expanded local calling area. An answer was filed July 2, 2001. At the prehearing conference on September 28, 2001, counsel for Respondent requested this matter be consolidated with the case of Carl A. Detweiler who filed a complaint on August 29, 2001. An answer was filed September 27, 2001 to the Detweiler case. A hearing was held December 14, 2001. COMMISSION REVIEW of ALJ Fordham’s Initial Decision dismissing the complaints. Vote 5-0 20 PUC-246 *Denotes Order PENNSYLVANIA PUBLIC UTILITY COMMISSION CARRY-IN AGENDA JUNE 13, 2002 OFFICE OF SPECIAL ASSISTANTS BUREAU NO. DOCKET NO. NAME AND SUBJECT OSA-0200* R-00016855C0001 IRWIN POPOWSKY, CONSUMER ADVOCATE v. UGI UTILITIES, INC. – Electric Division. Petition for Review of and Answer to a Material Question filed by UGI on May 31, 2002. Petition requests that the Commission grant Interlocutory Review and approve a proposed Settlement. RECOMMENDATION that the Commission grant UGI’s Petition and approve the proposed Settlement consistent with the proposed Opinion and Order. Vote 5-0 BUREAU OF FIXED UTILITY SERVICES FUS-0809* A-212370F0068 A-211960F2000 Joint Application of PHILADELPHIA SUBURBAN WATER COMPANY and MANOR WATER COMPANY for various rights. No Protests and no Hearings were held. RECOMMENDATION that the Commission approve the Joint Application consistent with the proposed Order. A-212370F0069 A-210036F2000 Joint Application, filed October 22, 2001, of PHILADELPHIA SUBURBAN WATER COMPANY and ROLLING GREEN WATER COMPANY, INC. for approval of certain rights in the service territory located in portions of Monroe Township, Snyder County, PA. RECOMMENDATION that the Commission approve the Joint Application, consistent with the proposed Order. Vote 5-0 FUS-0810* Vote 5-0 1 PUC-246* *Denotes Order LAW BUREAU BUREAU NO. DOCKET NO. NAME AND SUBJECT L-0045* R-00016132 R-00016132C0001 & C0002 PA PUC, OCA, OSBA and DOMINION RETAIL INC. v. EQUITABLE GAS COMPANY Final Report of the Collaborative regarding Equitable’s Rate Fixed Sales Service as well as Comments and Reply Comments of OCA, Dominion Retail, Inc. and Equitable Gas Company. RECOMMENDATION that Equitable be permitted to file a Tariff Supplement providing for Rate FSS to be implemented on one day’s notice, consistent with the proposed Order. Vote 5-0 2
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