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PENNSYLVANIA PUBLIC UTILITY COMMISSION
________________
PUBLIC MEETING
________________
JULY 18, 2002 (AW)
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, August 8, 2002 at 10:00 a.m.
Minutes of the Meeting of June 27, 2002 (KP)
PUC-246
*Denotes Order
CASES OF SPECIAL INTEREST
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0225*
R-00016750
PA PUC, et al v. PHILADELPHIA SUBURBAN
WATER COMPANY
Recommended Decision issued by ALJ Marlane R.
Chestnut on June 11, 2002. Exceptions and Reply
Exceptions filed by various Parties.
RECOMMENDATION that the Commission conduct
a Binding Poll of the issues presented by the
Recommended Decision.
BINDING POLL
Motion by Chairman Thomas
Statement by Commissioner Wilson
Statement by Commissioner Fitzpatrick
Vote 5-0 with Commissioner Fitzpatrick
dissenting in part
2
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0082
R-0002____
JACK TREIER, INC., Lancaster, Lancaster County.
Increase in rates.
RECOMMENDATION that the Commission permit
the 3rd Revised Page 105-A to Tariff Freight Pa. PUC
No. 54 as filed by the carrier be permitted to become
effective July 22, 2002.
Vote 5-0
TSM-0088*
Vote 5-0
TSM-0090
A-00119031, F.6000 Emergency temporary authority application of PAUL
LIBERATI, T/D/B/A A-1 LIMO, 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-00100040
Motor Carrier rate increase of more than 1% for carriers
with less than $200,000 gross annual revenues in
accordance with 52 Pa Code §23.67.
TRISTATE HOUSEHOLD GOODS TARIFF
CONFERENCE, INC., ON BEHALF OF
AMERICAN TRANSFER, INC., PENNSAUKEN,
N. J., ET AL. Increase in rates.
RECOMMENDATION that the Commission approve
the acceptance of the tariffs under the prescribed rules.
A-00098581
Motor Carrier rate increase of more than 1% for carriers
with less than $200,000 gross annual revenues in
accordance with 52 Pa Code §23.67.
TRISTATE HOUSEHOLD GOODS TARIFF
CONFERENCE, INC., ON BEHALF OF JOHN P.
ATKINSON, Philadelphia, Philadelphia County.
Increase in rates.
RECOMMENDATION that the Commission approve
the acceptance of the tariff under the prescribed rules.
Vote 5-0
TSM-0095
Vote 5-0
3
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
TSM-0097*
A-00119050, F.6000 Emergency temporary authority application of
MORGAN K. GRIMM, T/D/B/A PARK AVENUE
LIMOUSINE, New Kensington, 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.
Vote 5-0
TSM-0098*
A-00101825, F.1,
Am-A
Application of LAUSCH’S MOVING AND
STORAGE, INC., Shillington, Berks County, for
amendment to its common carrier certificate: SO AS TO
PERMIT the transportation of household goods in use.
RECOMMENDATION that the Commission adopt
the proposed order approving the application, as
amended.
A-00118835, F.2
Application of EASTON COACH COMPANY,
Easton, Northampton County, for the transfer of the
group and party service rights of Vectour of
Pennsylvania, Inc., authorized under the certificate issued
at A-00108988, subject to the same limitations and
conditions.
RECOMMENDATION that the Commission adopt
the proposed order approving the application, and
canceling the certificate of the transferor at A-00108988
by supplemental order.
Vote 5-0
TSM-0100*
Vote 5-0
TSM-0101*
Vote 5-0
NAME AND SUBJECT
A-00119059, F.6000 Emergency temporary authority application of JOSEPH
P. GARVIN, T/D/B/A METRO 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.
4
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
TSM-0103*
A-00119046, F.6000 Emergency temporary authority application of
MAYBELLINE LIMOUSINE, INC., 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-0105*
Vote 5-0
TSM-0106*
Vote 5-0
TSM-0107*
Vote 5-0
TSM-0108*
Vote 5-0
NAME AND SUBJECT
A-00119045, F.6000 Emergency temporary authority application of FIRST
IMPRESSIONS LIMOUSINE & ARMED
ESCORT, INC., Clarion, Clarion 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-00119026, F.6000 Emergency temporary authority application of WAYNE
PRICE, T/D/B/A WAYNE’S LIMO SERVICE,
McKees Rocks, 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-00119024, F.6000 Emergency temporary authority application of
THOMAS J. REARDON, T/D/B/A A CRYSTAL
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.
A-00119027, F.6000 Emergency temporary authority application of LONI’S
ANTIQUE CARS, INC., 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.
5
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
TSM-0111*
A-00114384, F.6000 Emergency temporary authority application of
HERBERT L. JOSEPH, T/D/B/A JEUNNE
NOIRE ENTERPRISES OF PA, 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-0112*
Vote 5-0
NAME AND SUBJECT
A-00119028, F.6000 Emergency temporary authority application of CITY
LIGHTS, LLC, 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.
6
PUC-246
*Denotes Order
BUREAU OF AUDITS
BUREAU NO.
DOCKET NO.
AUD-0013 R
D-00DSC011
Vote 5-0
NAME AND SUBJECT
THE YORK WATER COMPANY – York, PA
Auditor’s Report on the Distribution System
Improvement Charge for the three years ended
December 31, 2001, which contained one finding.
RECOMMENDATION to release the Audit Report.
7
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0188*
C-20016025
TIM PARRILL v. METROPOLITAN EDISON
COMPANY
On August 16, 2001, the Complainant filed a Formal
Complaint against the Respondent. The Complainant
alleged that he had been improperly billed for certain
electric usage that had not been registered by his
residential meter due to a malfunction. The Initial
Decision of ALJ Schnierle was issued on April 3, 2002,
recommending that the instant Complaint be sustained, in
part, and dismissed, in part. The Respondent filed
Exceptions to the Initial Decision on April 23, 2002.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which denies the
Respondent’s Exceptions and adopts the ALJ’s Initial
Decision.
F-00918904
VERA M. MOORE v. PHILADELPHIA GAS
WORKS
On July 25, 2001, the Complainant filed a Formal
Complaint against the Respondent alleging a billing
dispute for the period from December 7, 1996 to
May 26, 1997. On March 22, 2002, the Initial Decision
of ALJ Nguyen was issued recommending that the instant
Complaint be sustained in part. On April 8, 2002, the
Complainant filed Exceptions to the Initial Decision.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which denies the
Complainant’s Exceptions and modifies the ALJ’s Initial
Decision.
Vote 5-0
OSA-0191*
(PP from 7/11/02)
Motion by Vice Chairman Bloom
Vote 5-0
8
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0208*
C-20027044
GARY G. STAUFFER v. VERIZON
PENNSYLVANIA INC.
On March 1, 2002, the Complainant filed a Formal
Complaint alleging that he had been overcharged for local
service. Verizon PA filed an Answer and a Motion to
Dismiss on March 27, 2002. The Initial Decision of ALJ
Paist, issued on May 1, 2002, granted the Motion to
Dismiss. The Complainant filed Exceptions on May 3,
2002.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which denies the
Complainant’s Exceptions.
A-00117402
APPLICATION OF THE COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT OF
TRANSPORTATION (PENNDOT) FOR
APPROVAL OF (A) THE ALTERATION OF THE
CROSSING (AAR 501 638 H)….AND (B) AN
EXEMPTION FROM THE PROVISIONS OF
SUBCHAPTER C OF 52 PA. CODE…LOCATED
IN THE CITY OF PHILADELPHIA (CITY) AND
THE ALLOCATION OF COSTS INCIDENT
THERETO
Joint Exceptions, to ALJ Rainey’s April 17, 2002
Recommended Decision, filed by the City and PGW on
May 2, 2002. PECO also filed Exceptions on May 2,
2002. Reply Exceptions filed by PennDOT on May 27,
2002.
RECOMMENDATION that the Commission deny the
City’s and PECO’s Exceptions and adopt the ALJ’s
Recommended Decision consistent with the proposed
Order.
Vote 5-0
OSA-0209*
Vote 5-0
9
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0211*
C-00014993
CAROL ANNE GEISLER v. PECO ENERGY
COMPANY
On February 26, 2001, the Complainant filed a
Complaint alleging that she was improperly billed for
residential gas usage. By Initial Decision issued on
March 5, 2002, and reissued on April 23, 2002, the
Complaint was dismissed. Exceptions were filed by the
Complainant on May 9, 2002, and served on PECO on
May 16, 2002.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which denies the
Complainant’s Exceptions.
A-00049926C0102
A-00049926C0107
PA PUC, BUREAU OF TRANSPORTATION AND
SAFETY v. YELLOW CAB COMPANY OF
PITTSBURGH
On February 16, 2001, BTS filed a Complaint against
Yellow Cab, alleging violation of 66 Pa. C.S. §1501, and
52 Pa. Code §29.313(a), for failure to transport a
customer, Richard Yarosz, to his requested destination.
BTS requested that the Commission fine Yellow Cab
$500.00. The Initial Decision of ALJ Porterfield, issued
May 8, 2002, concluded that BTS met its burden of
proving that Yellow Cab violated 66 Pa. C.S. §1501,
and 52 Pa. Code §29.313(a), by failing to provide
reasonable service to Mr. Yarosz. The ALJ, however,
denied BTS’ request that a $500.00 civil penalty should
be assessed for the violation. BTS filed Exceptions to
the Initial Decision on May 17, 2002.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which grants
BTS’ Exceptions.
Vote 5-0
OSA-0217*
Vote 5-0
10
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0219*
C-20026698
BIO DATA CORPORATION v. PECO ENERGY
COMPANY
On July 11, 2002, the Petitioner filed a Complaint
alleging an inability to pay one outstanding bill and
requesting that the Commission direct PECO to accept a
specific payment arrangement. By Secretarial Letter
issued on March 21, 2002, the Parties were advised that
the proceeding had been marked closed. On May 14,
2002, the Petitioner filed a Petition to Reopen on the
basis that the Complaint had not been withdrawn or
satisfied.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which grants the
Petition to Reopen.
Motion by Commissioner Pizzingrilli
Vote 5-0
OSA-0220*
R-00016789
Motion by Chairman Thomas
Vote 5-0
PA PUC, et al v. NATIONAL FUEL GAS
DISTRIBUTION CORPORATION
Exceptions to ALJ Porterfield’s June 20, 2002
Recommended Decision filed by NFGD.
RECOMMENDATION that the NFGD Exceptions be
denied and that the ALJ’s Recommended Decision be
adopted with modification.
11
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-0811
A-210108
Nunc pro tunc Application filed December 4, 2001, by
LIGONIER MOUNTAIN LAND COMPANY
d/b/a LIGONIER HIGHLANDS WATER and
SEWER – WATER DIVISION for approval to begin
to offer, render, furnish or supply water service to the
public in Laurel Mountain Village, Jenner Township,
Somerset County.
RECOMMENDATION that the Commission adopt
the draft Order which approves the Application.
A-212285F0099
Application filed March 15, 2002, by
PENNSYLVANIA-AMERICAN WATER
COMPANY for approval of the right to offer, render,
furnish or supply water service to the public in an
additional portion of Upper Merion Township,
Montgomery County, PA.
RECOMMENDATION that the Commission adopt
the proposed draft Order approving the Application..
A-220009
A-220009F2000
C-00003383
Application filed November 14, 2001 by BOROUGH
OF BERLIN, for approval to offer, render, furnish or
supply water service beyond the Borough’s corporate
limits in a proposed territory including at least the
extraterritorial area of the Borough’s water system in
Brothersvalley Twp., Somerset County.
Application for Abandonment and transfer of the
Borough’s entire water system to the Municipal
Authority of the Borough of Berlin was filed on March
20, 2002. No Protests or Motions were filed and no
Hearings were held.
RECOMMENDATION that the Commission adopt
the draft Order approving the Applications.
A-212000F2000
Application filed March 11, 2002 by MOUNTAIN
SPRING WATER, INC., for approval of the
abandonment/discontinuation of water service and the
sale of certain assets to the Tamaqua Area Water
Authority.
RECOMMENDATION that the Commission
Vote 5-0
FUS-0837*
Vote 5-0
FUS-0853*
Vote 5-0
FUS-0859*
Vote 5-0
12
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
FUS-1063*
DOCKET NO.
A-110156
Vote 5-0
FUS-1064*
Affiliated Interest Agreement filed May 24, 2002 by
PEOPLES NATURAL GAS COMPANY d/b/a
DOMINION PEOPLES with DOMINION
EXPLORATION & PRODUCTION INC., . On
June 6, 2002, the consideration period was extended
until further notice of the Commission.
RECOMMENDATION that the Commission adopt
the proposed draft Order approving the Agreement and
levying a $1,000 fine.
A-110005
A-110084F2000`
Joint Application filed April 15, 2002 by AMERADA
HESS CORPORATION/HESS ENERGY, INC., to
transfer and abandon an Electric Generation Supplier
License and approval of an Alternative Level of
Bonding.
RECOMMENDATION that the Commission adopt
the proposed draft Order granting the Application in
part and denying the Application in part.
A-311188F0004
C-20027825
A-310097F2000
Joint Application filed April 11, 2002, by
BROADVIEW NP ACQUISITION CORP. d/b/a
BROADVIEW NET PLUS and NETWORK PLUS,
INC. for approval of the transfer of the assets and
customer base of Network Plus, Inc. and of the
subsequent abandonment of service by Network Plus,
Inc.
RECOMMENDATION that the Commission adopt
the proposed Order granting approval of the transfer
and abandonment, and dismissing the Complaint that has
become moot as a result of the bankruptcy.
Vote 5-0
FUS-1370*
Vote 5-0
approve the Application.
Application filed February 26, 2002 by TRACTEBEL
ENERGY SERVICES INC., for a license to operate
as a Marketer engaged in the business of supplying
electricity services to large commercial, industrial and
governmental customers in the state of PA.
RECOMMENDATION that the Commission adopt
the proposed draft Order approving the Application.
G-00020961
Vote 5-0
FUS-1065*
NAME AND SUBJECT
13
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-1382*
A-311186
Application filed April 8, 2002, by CHOICE TELCO,
LLC 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-311192
Application filed May 22, 2002, by WDT WORLD
DISCOUNT TELECOMMUNICATIONS
COMPANY 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-310190F0005
A-311140F0006
Application filed March 1, 2002, by AT&T CORP.,
AT&T BROADBAND PHONE OF PA, and
COMCAST BUSINESS COMMUNICATIONS,
INC. for approval of the transfer of control of
Broadband PA and CBC to the new AT&T Comcast
Corp.
RECOMMENDATION that the proposed Order be
adopted by which the Commission grants approval of
the transfers of control of the two jurisdictional units to
AT&T Comcast.
M-0002____
BUREAU OF FIXED UTILITY SERVICES
REPORT to the Commission regarding Quarterly
Earnings of Pennsylvania Utilities for the Quarter Ended
March 31, 2002.
RECOMMENDATION that the Commission make
the Earnings Report public.
Vote 5-0
FUS-1384*
Vote 5-0
FUS-1386*
Vote 5-0
FUS-1387*
Vote 5-0
14
PUC-246
*Denotes Order
LAW BUREAU
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
L-0050*
(PP from 7/11/02)
R-00994784
Petition of EQUITABLE GAS COMPANY for
Amendment of That Part of the Restructuring Order of
the Public Utility Commission concerning Universal
Service, Arrearage Forgiveness and Cost Recovery.
RECOMMENDATION that the Commission adopt
the Petition, in part, and approve the DROP for EAP and
other low-income residential customers.
Statement by Vice Chairman Bloom
Statement by Commissioner Wilson
Vote 5-0 with Vice Chairman Bloom and
Commissioner Wilson concurring in part
and dissenting in part.
L-0052*
Vote 5-0
P-00011933
Petition for Declaratory Order filed by STEPHEN L.
OLIVER for Continuation of Electric Service from the
Borough of Ellwood City.
RECOMMENDATION that the Commission adopt
the proposed Order denying the Petition.
15
PUC-246
*Denotes Order
OFFICE OF ADMINISTRATIVE LAW JUDGE
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
ALJ-0037*
C-20016319
BERNADINE WALKER v. UGI UTILITIES, INC.
On October 17, 2001, a complaint was filed against UGI
Utilities, Inc. in regard to an appeal from a decision of the
Bureau of Consumer Services (BCS). Complainant
alleged she was unable to pay the amount required by
BCS. On November 26, 2001, Respondent filed an
Answer and New Matter. A hearing was held
March 26, 2002.
COMMISSION REVIEW of ALJ Schnierle’s Initial
Decision dismissing the complaint.
Motion by Vice Chairman Bloom
Vote 5-0
ALJ-0038*
C-20016103
Motion by Vice Chairman Bloom
Vote 5-0
ALJ-0039*
A-00112842M0102,
P-622
Motion by Vice Chairman Bloom
Vote 5-0
ANTON REASON v. PECO ENERGY COMPANY
On September 4, 2001, a complaint was filed alleging
high bills. On September 28, 2001, Respondent filed an
Answer. A hearing was held February 1, 2002.
COMMISSION REVIEW of ALJ Rainey’s Initial
Decision dismissing the complaint.
PA PUC v. OHAZURIKE & PARTNERS, INC.
On September 26, 2001, a complaint was filed alleging
Respondent did not maintain insurance with the
Commission. On October 16, 2001, Respondent filed
an Answer. A hearing was held April 17, 2002.
COMMISSION REVIEW of ALJ Nguyen’s Initial
Decision dismissing the complaint.
16
PUC-246
*Denotes Order
PENNSYLVANIA PUBLIC UTILITY COMMISSION
CARRY-IN AGENDA
JULY 18, 2002
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-1388*
A-311197
A-310031F2000
ONE CALL COMMUNICATIONS, INC. and
OCMC, INC.
Joint Application, filed June 12, 2002, seeking approval
of the sale of assets of One Call to OCMC, and for
OCMC to commence and One Call to abandon the
provision of Interexchange Telecommunications Services
as a Reseller.
RECOMMENDATION that the Commission adopt
the proposed Order approving the Joint Application.
Vote 5-0
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