PENNSYLVANIA PUBLIC UTILITY COMMISSION
________________
PUBLIC MEETING
________________
MAY 23, 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, June 13, 2002 at 10:00 a.m.
Minutes of the Meeting of April 24, 2002 (KP)
This page is intentionally blank.
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0031*
A-00103670, F.4
Application of S. & S. TAXICO., T/D/B/A S. & S.
TRANSIT, McKeesport, 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.
A-00110882, et al
Motor Carrier rate increase of more than 1% for carriers
with less than $500,000 gross annual revenues. Tristate
Household Goods Tariff Conference, Inc. on behalf of
FRANK O’NEILL MOVING, INC., t/a Frank
O’Neill Moving, et al.
RECOMMENDATION that the Commission approve
the acceptance of the tariff under the prescribed rules.
A-00116740, F.2
Application of SOUTH HILLS CARRIAGES, INC.,
Venetia, Washington 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-00117712
Application of TRI-CONN ALTERNATIVE
SERVICES, INC., Connellsville, Fayette 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.
Vote 5-0
TSM-0032*
Vote 5-0
TSM-0033*
Vote 5-0
TSM-0035*
Vote 5-0
2
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0043*
R-0002____
PERSONAL TRANSPORT, INC., T/D/B/A PT
TRANSPORT, Pittsburgh, Allegheny County. Initial
Call or Demand Rates.
RECOMMENDATION that the Commission adopt
the proposed order offering PT Transport the option of
filing a tariff reflecting the proposed alternative rate
structure in Appendix A of the order, or have the matter
referred to the OALJ for determination if the proposed
rates are lawful, just and reasonable.
A-00112108, F.3
Application of C.A.T.S. ENTERPRISES, INC.,
Downington, Chester County, for the approval of the
transfer to applicant of all of the common carrier
paratransit rights held by Frederick Colella, t/d/b/a TriState Transportation Enterprises at A-00107975, F.1,
Am-A.
RECOMMENDATION that the Commission adopt
the proposed order approving the transfer application
and issue a certificate to the applicant. The certificate
issued to the transferor to be canceled by supplemental
order.
A-00118526
Application of EDWARD B. WARNER, T/D/B/A
ENDLESS MOUNTAIN TAXI, Montrose,
Susquehanna County, for the right to begin 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.
A-00118674
Application of GENERAL LIMO & SHUTTLE,
INC., Philadelphia, for the approval of the transfer to
applicant all of the limousine right held by GENERAL
CAB COMPANY, T/D/B/A GENERAL LIMO &
SHUTTLE at A-00107480, F.5.
RECOMMENDATION that the Commission adopt
the proposed order approving the transfer application
and that a certificate be issued to the applicant.
Vote 5-0
TSM-0046*
Vote 5-0
TSM-0047*
Vote 5-0
TSM-0049*
Vote 5-0
3
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0050*
A-00118707, F.4
Application of AC-COACH OPERATIONS,
Greenville, Mercer County, for the approval of the
transfer to applicant of all of the common carrier
scheduled rights held by O.D. ANDERSON, INC. at
A-00096222, F.2.
RECOMMENDATION that the Commission adopt
the proposed order approving the transfer application
and that a certificate be issued to the applicant.
A-00118552
Application of KEYSTONE CAB SERVICE, INC.,
Harrisburg, Dauphin County, for the right to begin to
transport, persons upon call or demand.
RECOMMENDATION that the Commission adopt
the proposed order approving the application.
A-00118147
Petition of DARRELL GREENE, Hatfield,
Montgomery County, 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-0051*
Vote 5-0
TSM-0053*
Vote 5-0
Commissioner Wilson statement
TSM-0054*
A-00117971
Vote 5-0
Commissioner Wilson statement
TSM-0055*
A-00117996
Vote 5-0
Commissioner Wilson statement
Petition of BLACK TOP LIMOUSINE, INC.,
Philadelphia, for reinstatement of its application for the
purpose of compliance.
RECOMMENDATION that the Commission adopt
the proposed order denying the petition for reinstatement
of the application.
Petition of MAGNUM LIMOUSINE SERVICE,
INC., McMurray, Washington County, for reinstatement
of its application for the purpose of compliance.
RECOMMENDATION that the Commission adopt
the proposed order denying the petition for reinstatement
of the application.
4
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0056*
A-00118387
Petition of GEISTWHITE LANDSCAPING, INC.,
T/D/B/A CARLISLE CAR & /DRIVER SERVICE,
Carlisle, Cumberland County, for reinstatement of its
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
Commissioner Wilson statement
TSM-0057*
A-00117749
Vote 5-0
Commissioner Wilson statement
TSM-0058*
A-00111452, F.3
Vote 5-0
Commissioner Wilson statement
TSM-0060*
Vote 5-0
A-00118512
Petition of ELMWOOD LIMO, INC., Philadelphia,
for reinstatement of its application for the purpose of
compliance.
RECOMMENDATION that the Commission adopt
the proposed order denying the petition for reinstatement
of the application.
Petition of HEALAKSAR, INC.,Bensalem, Bucks
County, for reinstatement of its application for the
purpose of compliance.
RECOMMENDATION that the Commission adopt
the proposed order denying the petition for reinstatement
of the application.
Application of RESTAURANT VALET, LLC,
Downington, Chester County, for the right to begin to
transport as a common carrier – persons in paratransit
service, between points in the township of Uwchlan,
Chester County, and within an airline distance of twenty
(20) statute miles of the limits thereof.
RECOMMENDATION that the Commission adopt
the proposed order approving the application, as
amended.
5
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSR-0011*
A-00118142
Application of the COUNTY OF LAWRENCE, for
approval to replace an at-grade crossing and add
automatic crossing protection at Covert’s Crossing
Bridge over the Mahoning River in Union Township and
Mahoning Township, Lawrence County, Pa., where a
Township Road T-372 crosses over a single track of the
Norfolk Southern Railroad Corporation (AAR 503 752
P) in Union and Mahoning Townships, Lawrence
County, Pa.; and the allocation of costs incident thereto.
RECOMMENDATION that the Commission adopt an
order which approves the application, appropriates
necessary right-of-way, directs that construction be
performed and directs that a hearing be held upon
completion of construction to allocate any initial costs,
assign maintenance and any other relevant matters in this
proceeding.
M-00021610
Bridge carrying West Road (T-649) above the grade of
the tracks of CSX TRANSPORTATION, INC.,
Marion Township, Beaver County (DOT 145 802 C).
RECOMMENDATION that the Commission adopt an
order directing Marion Township to post the subject
bridge for a six (6) ton load limit.
Vote 5-0
TSR-0012*
Vote 5-0
6
PUC-246
*Denotes Order
BUREAU OF AUDITS
BUREAU NO.
DOCKET NO.
AUD-0010
M-FACE0208
Vote 5-0
NAME AND SUBJECT
PIKE COUNTY LIGHT AND POWER
COMPANY
Competitive Transition Charge Reconciliation for the
Period ended May 31, 2002.
RECOMMENDATION to approve the Company's
Competitive Transition Charge Reconciliation Filing
subject to public Hearings held pursuant to 66 Pa. C.S.
§1307(e).
7
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0158*
(PP from 5/9/02)
C-00015491
PENNSYLVANIA ALLOY MACHINING
COMPANY, INC. V. EQUITABLE GAS
COMPANY
A Formal Complaint was filed by the Customer against
Equitable alleging that Equitable quoted a lower rate on
the Customer’s gas bills than it actually charged. The
Initial Decision of ALJ Corbett was issued on
November 27, 2001. Equitable filed Exceptions on
December 17, 2001. By Opinion and Order issued on
March 15, 2002, the Commission denied the Exceptions.
The Petitioner then filed a Petition for Reconsideration on
March 29, 2002. By Opinion and Order issued on
April 11, 2002, the Commission granted reconsideration,
pending review of, and consideration on, the merits of the
Petition.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which denies
Equitable’s Petition for Reconsideration.
Vote 4-1 (Commissioner Wilson)
Commissioner Wilson statement
OSA-0166*
A-310130F7002
Vote 5-0
JOINT PETITION BETWEEN THE UNITED
TELEPHONE COMPANY OF PENNSYLVANIA
d/b/a SPRINT AND NATIONAL TELEPHONE
EXCHANGE...
On March 25, 2002, Sprint and National Telephone filed
a Joint Petition seeking approval of an Interconnection
and Resale Agreement pursuant to Section 252 of the
Telecommunications Act of 1996.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which grants the
Joint Petition.
OSA-0167*
Vote 5-0
A-310295F7000
JOINT PETITION OF VERIZON PENNSYLVANIA
INC. AND CTC COMMUNICATIONS
CORPORATION...
On April 1, 2002, Verizon PA and CTC 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 which grants the Joint
Petition thereby approving the Interconnection Agreement.
8
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0170*
A-310072F7000
JOINT PETITION OF VERIZON PENNSYLVANIA INCORPORATED AND VARTEC
COMMUNICATIONS CORPORATION, d/b/a
VARTEC TELECOM...
On March 27, 2002, Verizon PA and VarTec 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 which grants the
Joint Petition thereby approving the Interconnection
Agreement.
A-00049926C0118
PA PUC, BUREAU OF TRANSPORTATION AND
SAFETY v. YELLOW CAB COMPANY OF
PITTSBURGH
On June 6, 2001, BTS filed a Complaint against Yellow
Cab, alleging violation of 66 Pa. C.S.§1501, for failure to
transport a customer, Ms. Janette Boneysteele, to her
requested destination. The Complaint further alleged
violation of 66 Pa. C.S. §501(c), and 55 Pa. Code
§29.13(c), for falsifying logs and failing to have a
completed log sheet or manifest in the vehicle. By Initial
Decision issued March 11, 2002, ALJ Gesoff concluded
that BTS met its burden of proving that Yellow Cab
violated Section 1501of the Code by failing to provide
adequate, efficient, or reasonable service to Ms.
Boneysteele. ALJ Gesoff further concluded that BTS did
not meet its burden of proving that Yellow Cab falsified
any driver’s logs and dismissed that portion of the
Complaint. BTS filed Exceptions to the Initial Decision
on March 28, 2002.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which grants
BTS’ Exceptions, in part.
Vote 5-0
OSA-0172*
Vote 5-0
9
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0173*
A-310092F7000
JOINT PETITION OF VERIZON PENNSYLVANIA INC. AND BUSINESS TELECOM, INC....
On March 28, 2002, Verizon PA and Business Telecom
filed a Joint Petition for approval of a replacement
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-310987F7000
JOINT PETITION OF VERIZON PENNSYLVANIA INC. AND PREMIERE NETWORK
SERVICES, INC....
On March 26, 2002, Verizon PA and PNSI filed a Joint
Petition seeking approval of an Interconnection
Agreement under Sections 252(e) 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 Interconnection
Agreement.
A-00115380C0201
BERNARD CHYTLA, t/a BERNARD CHYTLA
TRUCKING
On January 29, 2002, the BTS instituted a Formal
Complaint against the Petitioner alleging a violation of
Section 512 of the Public Utility Code, 66 Pa. C.S.
§512. On February 20, 2002, a Secretarial Letter was
issued sustaining the Complaint and revoking the
Petitioner’s Certificate. On March 6, 2002, the
Petitioner filed a Petition for Reinstatement.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which grants the
Petition for Reinstatement.
Vote 5-0
OSA-0174*
Vote 5-0
OSA-0175*
Withdrawn
10
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0176*
F-00714142
ROSE E. McCALL v. T. W. PHILLIPS GAS AND
OIL COMPANY
On March 5, 2001, the Complainant filed a Formal
Complaint against the Respondent challenging the
accuracy of a gas meter installed at her residence. The
Initial Decision of ALJ Nene was issued on March 22,
2002, recommending that the Complaint be dismissed.
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 affirms the ALJ’s Initial
Decision.
A-310824F7002
JOINT PETITION OF THE UNITED TELEPHONE COMPANY OF PENNSYLVANIA, d/b/a
SPRINT AND DSLNET COMMUNICATIONS,
LLC d/b/a DSL.NET...
On April 22, 2002, Sprint and DSL.net filed a Joint
Petition seeking approval of a Master Interconnection
and Resale Agreement under Sections 252(a)(1) and (e)
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 this Opinion and Order.
C-00015469
LEONARD VALENTINE v. COLUMBIA GAS OF
PENNSYLVANIA, INC.
On May 17, 2001, Columbia filed a Formal Complaint as
an appeal from a determination of the BCS. The BCS had
sustained an Informal Complaint filed by the Customer
alleging that Columbia overcharged the Customer for gas
service to his residence. An Initial Decision was issued on
March 25, 2002, denying Columbia’s appeal and sustaining
the Customer’s claim. On April 11, 2002, Columbia filed
Exceptions.
RECOMMENDATION that the Commission adopt the
proposed draft Opinion and Order which denies
Columbia’s Exceptions and adopts the ALJ’s Initial
Decision.
Vote 5-0
OSA-0177*
Vote 5-0
OSA-0178*
Motion Vice Chairman Bloom
Vote 5-0
11
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0181*
A-00112441C0104
PENNSYLVANIA PUBLIC UTILITY COMMISSION, BUREAU OF TRANSPORTATION AND
SAFETY v. DONALD A. FIX, JR., t/a HINDMAN
MOVING & STORAGE
On June 25, 2001, the Commission’s BTS instituted a
Complaint against the Petitioner. The Petitioner did not
file an Answer and the Complaint was subsequently
sustained. On October 2, 2001, the Petitioner filed the
instant Petition to Reopen Judgment, deemed a Petition
for Reconsideration.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which denies the
Petition.
M-00021592
PENNSYLVANIA PUBLIC UTILITY COMMISSION v. VERIZON PENNSYLVANIA INC.
By Tentative Opinion and Order entered January 25,
2002, the Commission tentatively approved, as in the
public interest, a Settlement Agreement reached between
Verizon and the Commission’s Prosecutory Staff.
Exceptions were filed by Senator Mary Jo White,
Senator Vincent J. Fumo, the Office of Consumer
Advocate, and jointly by ATX Telecommunications
Services t/a/Full Service Network, Covad
Communications Company, and AT&T Communications
of Pennsylvania, Inc. Comments of Ray Kepner
originally treated as a Formal Complaint were treated as
Exceptions.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order disposing of the
Exceptions.
Vote 5-0
OSA-0183 R*
Joint motion Vice Chairman Bloom and
Commissioner Pizzingrilli
Vote 5-0
12
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-0421*
A-311087
A-311087F0002
Applications filed April 11, 2001, by PACLEC
CORPORATION for approval to offer, render, furnish
or supply telecommunications services as a Facilitiesbased and Non-Facilities-based Competitive Local
Exchange Carrier and as a Competitive Access
Provider.
RECOMMENDATION that the Applications be
approved.
A-311160
A-311160F0002
Applications filed December 13, 2001, by MCGRAW
COMMUNICATIONS, INC., for approval to offer,
render, furnish or supply telecommunications services as
an Interexchange Toll Reseller (IXC) and NonFacilities-based Competitive Local Exchange Carrier
(CLEC).
RECOMMENDATION that the Applications be
approved.
M-00900239
RECALCULATION OF PENNSYLVANIA
TELECOMMUNICATIONS RELAY SERVICE
SURCHARGE
In accordance with Ordering Paragraph No. 10, of the
Commission’s May 29, 1990 Opinion and Order, at
Docket No. 00900239, and Act 34 of 1995, the
Commission has completed the recalculation of the
Relay Service surcharges as they apply to residence and
business customers for the ensuing twelve-month period
from July 1, 2001 through June 30, 2003.
RECOMMENDATION that the Commission adopt
the proposed draft Order increasing the surcharge for
residence and business telephone customers from $0.06
and $0.12 to $0.08 and $0.16 per access line per
month, respectively, to become effective July 1, 2002.
Vote 5-0
FUS-0435*
Vote 5-0
FUS-0446*
Motion Commissioner Pizzingrilli
Amendment to motion Chairman Thomas
Vote 5-0
Commissioner Wilson statement
13
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-0452*
M-00920314
BUTLER COUNTY’S 911 RENEWAL PLAN filed
February 27, 2002, by PEMA requesting that the
Commission review the costs associated with the
contribution rate of $1.25 per month and make
recommendation to PEMA within 90 days of the receipt
date.
RECOMMENDATION that the Commission adopt
the proposed draft Order approving the plan as filed.
M-00981074
SNYDER COUNTY’S 911 RENEWAL PLAN filed
March 15, 2002, by PEMA requesting that the
Commission review the costs associated with the
contribution rate of $1.50 per month and make
recommendation to PEMA within 90 days of the receipt
date.
RECOMMENDATION that the Commission adopt
the proposed draft Order approving the plan as filed.
A-122350F2007
Application filed April 1, 2002, by T.W. PHILLIPS
GAS AND OIL COMPANY for approval to
discontinue and abandon service to two residential
customers in Oliver Township, Jefferson County.
RECOMMENDATION that the Application be
approved.
R-00027309
PECO ENERGY COMPANY
Philadelphia, PA
Supplement No. 39 to Tariff Electric-Pa. P.U.C. No. 3
filed April 5, 2002, to become effective June 4, 2002, to
modify Interruptible Rider-2 (IR-2) to reduce monthly
administrative charge from $225 to $100 and to allow
customers to receive credit for any load curtailed in
excess of their Active Load Management (ALM).
RECOMMENDATION that the proposed draft
Order be adopted permitting the proposed Supplement
to become effective on June 4, 2002.
Vote 5-0
FUS-0453*
Vote 5-0
FUS-1054*
Vote 5-0
FUS-1055*
Vote 5-0
14
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-1358*
A-311178
Application filed March 12, 2002, by LCR
TELECOMMUNICATIONS, 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 draft Order approving the Application.
M-0002____
A BUREAU OF FIXED UTILITY SERVICES
REPORT to the Commission regarding Quarterly
Earnings of Pennsylvania Utilities for the Quarter ended
December 31, 2001.
RECOMMENDATION that the Commission make
the Earnings Report public.
Vote 5-0
FUS-1369*
Vote 5-0
15
PUC-246
*Denotes Order
LAW BUREAU
BUREAU NO.
DOCKET NO.
L-0035*
M-0002_____
Postponed Commissioner Wilson until
PM 6-13-02
L-0036*
M-0002_____
Postponed Commissioner Wilson until
PM 6-13-02
L-0038 R*
Vote 5-0
P-00011929
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.
Petition of PEOPLES NATURAL GAS COMPANY,
d/b/a DOMINION PEOPLES, for a Waiver of the
Commission’s Regulations at
52 Pa. Code § 56.21.
RECOMMENDATION that the Commission grant the
Petition consistent with the proposed Order.
16
PUC-246
*Denotes Order
OFFICE OF ADMINISTRATIVE LAW JUDGE
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
ALJ-016*
(PP from 5/09/02)
C-20016210
RICHARD FELECCIA v. PPL ELECTRIC
UTILITIES CORPORATION, d/b/a PPL
UTILITIES, RESPONDENT and BARBARA A.
LIMA, ADDITIONAL RESPONDENT
Complaint filed against PPL Electric Utilities
Corporation, d/b/a PPL Utilities on September 20, 2001,
alleging that Complainant, a tenant at one of two
apartments, has been overcharged for electricity due to
foreign load. PPL filed an Answer and a Motion to Join
the landlord as an indispensable party. The Motion was
granted.
COMMISSION REVIEW of ALJ Lovenwirth’s Initial
Decision sustaining the complaint and directing the
tenant’s balance for electricity be transferred into the
landlord’s name.
Motion Vice Chairman Bloom
Vote 4-1 (Commissioner Wilson)
Commissioner Wilson statement
ALJ-0023*
Vote 5-0
R-00005810
R-00005810C0001
PA PUC; IRWIN A. POPOWSKY, CONSUMER
ADVOCATE v. NUI VALLEY CITIES GAS
On October 2, 2000, NUI Valley Cities Gas filed its
Supplement No. 7 to Tariff Gas-Pa. P.U.C. No. 3 for
the purpose of determining the appropriateness, level and
recovery of a Customer Assistance Program rate, as well
as the costs to be recovered and the cost recovery
procedure for Consumer Education Costs. On
November 22, 2000, the Office of Consumer Advocate
filed a Formal Complaint. On April 10, 2002, a Joint
Petition for Settlement was filed.
REVIEW of ALJ Weismandel’s Recommended
Decision approving the Joint Petition for Settlement.
17
PUC-246
*Denotes Order
PENNSYLVANIA PUBLIC UTILITY COMMISSION
CARRY-IN AGENDA
MAY 23, 2002
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0063*
A-00118692
Application of TODD W. CALLAHAN, t/d/b/a
INTERSTATE AIRPORT SHUTTLE,
WASHINGTON, WASHINGTON COUNTY, for
the right to begin to transport, as a common carrier, by
motor vehicle, persons in airport transfer service.
RECOMMENDATION that the Application be
approved, consistent with the proposed Order.
Vote 5-0
BUREAU OF AUDITS
AUD-0011*
D-02SPS021
Vote 5-0
Review of COMMISSION ROLE IN
MONITORING ELECTRIC SERVICE
RELIABILITY PERFORMANCE.
RECOMMENDATION that the Commission direct
the Staff Internal Working Group to provide the
Commission with a Final Report on Electric Distribution
Reliability by July 15, 2002.
OFFICE OF SPECIAL ASSISTANTS
OSA-0189*
M-00011468
Motion Chairman Thomas
Vote 5-0
Statement Commissioner Wilson
PERFORMANCE MEASURES REMEDIES
Exceptions filed to ALJ Schnierle’s October 2, 2001
Recommended Decision recommending adoption of the
New York PAP and New York C2C, with
modifications. Proposed Consensus Performance
Assurance Plan filed by Verizon, AT&T and MCIW on
May 6, 2002.
RECOMMENDATION that the Commission grant in
part and deny in part the Exceptions and adopt the
Recommended Decision, as modified, consistent with the
proposed Opinion and Order.
1
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-1056*
A-110500F0318
Letter of Notification of PPL ELECTRIC UTILITIES
CORP. filed pursuant to 52 Pa. Code Chapter 57
Subchapter G with respect to the Steel City-Quarry #1
and #2 230kV Line relocation and addition of a second
circuit.
RECOMMENDATION that the Commission approve
the Letter of Notification filed by PPL, consistent with the
proposed Order.
P-00021960
Petition of UGI UTILITIES, INC. – Electric Division,
for an Expedited Order authorizing Waiver of a Tariff
provision.
RECOMMENDATION that the Petition be approved,
consistent with the proposed Order.
Vote 5-0
FUS-1363 R*
Vote 5-0
LAW BUREAU
L-0040*
R-00016999
Postponed Chairman Thomas until PM
6-13-02
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.
2