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
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