PENNSYLVANIA PUBLIC UTILITY COMMISSION
________________
PUBLIC MEETING
________________
NOVEMBER 21, 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, December 5, 2002 at 10:00 a.m.
Minutes of the Meeting of October 24, 2002 (KP)
This page is intentionally blank.
PUC-246
*Denotes Order
CASES OF SPECIAL INTEREST
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0339*
M-00011468
PERFORMANCE MEASURES REMEDIES
In a Tentative Order issued on June 24, 2002, the
Commission denied CTSI’s Petition to Reopen the
Record and reached tentative dispositions on various
issues reached by Exceptions. Several Parties filed
Comments and Reply Comments.
RECOMMENDATION that the Commission adopt
the proposed draft Final Opinion and Order which
addresses the Comments and Reply Comments filed to
the Tentative Order.
Motion by Vice Chairman Bloom
5-0 vote
2
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSM-0170*
R-0002____
GARDEN SPOT EQUIPMENT AUCTION, INC.
T/A LANDIS LUXURY COACHES, Ephrata,
Lancaster County. Increase in Rates.
RECOMMENDATION that the Commission permit
Airport Transfer Pa. PUC No. 6 to become effective
November 22, 2002.
Postponed by Commissioner
Wilson until PM 12-5
TSM-0173*
A-00119004
Application of NANCY B. LAPP, T/D/B/A NANCY
LAPP’S VAN SERVICE, Bird in Hand, Lancaster
County, for the right to begin to transport persons in
paratransit service.
RECOMMENDATION that the Commission adopt
the proposed order approving the application.
A-00118757
Application of SEAN McDONOUGH, T/D/B/A
NORTHSTAR EXECUTIVE
TRANSPORTATION, Exton, Chester County, for the
right to begin to transport, as a common carrier, by
motor vehicle, persons in limousine service.
RECOMMENDATION that the Commission adopt
the proposed order approving the application, as
amended.
5-0
TSM-0174*
Motion by Chairman Thomas
4-1 vote with Commissioner
Fitzpatrick dissenting
TSM-0176*
A-00119003
Application of STEVEN D. MEISNER AND
ELIZABETH I. MEISNER, Leola, Lancaster 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.
A-00117262, F.1,
Am-A
Application of RALPH J. BENNER AND MARY
ANN BENNER, COPARTNERS, Strasburg,
Lancaster County, for the cancellation of their certificate
of public convenience.
RECOMMENDATION that the Commission adopt
the proposed order approving the application to cancel
the certificate of public convenience.
5-0
TSM-0177*
5-0
3
PUC-246
*Denotes Order
BUREAU OF TRANSPORTATION AND SAFETY
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
TSR-0027*
A-00118765
Application of TOWNSHIP OF WEST DONEGAL
for the approval of the alteration of the crossing (O.H.B.
84.96) where Foreman Road
(T-843) crosses, above grade, the tracks of Amtrak,
located in West Donegal Township, in Lancaster County.
(DOT 518 031 J).
RECOMMENDATION that the Commission approve
the application and direct West Donegal Township to
construct the improvement of the subject bridge and
approaches thereto at its sole cost and expense upon
completion of the project, and if requested by any party
of record, a hearing be scheduled to allocate the costs
incurred by the non-carrier utilities.
5-0
4
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0326 R*
F-00938752
JOLYND BRYANT v. PHILADELPHIA GAS
WORKS
On December 20, 2001, the Complainant filed a
Complaint against the Respondent. The Complainant
essentially alleged that she had been overbilled. On
August 23, 2002, ALJ Nguyen issued an Initial Decision
dismissing the Complaint with prejudice. On September
8, 2002, the Complainant filed Exceptions.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which denies the
Exceptions and adopts the Initial Decision, as modified
by the proposed Opinion and Order.
Postponed by Vice Chairman
Bloom until PM 12-5
OSA-0331*
C-20015972
GIOVANNI LOMBARD-BUFF v. VERIZON
PENNSYLVANIA INC.
On September 6, 2002, the Initial Decision of ALJ
Rainey was issued concerning a Formal Complaint
pertaining to the accrual of toll charges from the
Complainant’s telephone number to the Complainant’s
internet access telephone number. The Complainant filed
Exceptions on September 20, 2002.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which denies the
Complainant’s Exceptions and adopts the ALJ’s Initial
Decision, to the extent that it is consistent with the
Opinion and Order.
A-00116319
APPLICATION OF PENNDOT...WHERE
COWPATH ROAD CROSSES, AT-GRADE, THE
TRACKS OF SEPTA...
On October 2, 2002, PennDOT filed the instant Petition
to Modify Secretarial Letter Entered February 7, 2000,
as Modified requesting until April 30, 2003, to complete
the project.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order granting
PennDOT’s Petition.
5-0
OSA-0336*
5-0
5
PUC-246
*Denotes Order
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0340*
P-00021990
M-0021609
PETITION OF PITTSBURGH COACH CORP.
On October 9, 2002, the Petitioner filed a Petition in the
nature of a Request for an Extension of Time to file an
Application for ETA under the expedited procedures.
RECOMMENDATION that the Commission adopt
the proposed draft Opinion and Order which grants the
Petition.
Withdrawn
6
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-0455*
A-311169;
A-311169F0002
Applications filed January 10, 2002, by SATCOM
COMMUNICATIONS CORPORATION for
approval to offer, render, furnish or supply
telecommunications services as an Interexchange Toll
Reseller (IXC) and as a Non Facilities-based
Competitive Local Exchange Carrier (CLEC).
RECOMMENDATION that the Commission adopt
the proposed Order approving the Applications.
A-310448F0003
Applications filed July 14, 2000, by ARC
NETWORKS, INC., d/b/a INFOHIGHWAY for
approval to offer, render, furnish or supply
telecommunications services as a Facilities-based and
Non Facilities-based Competitive Local Exchange
Carrier (CLEC).
RECOMMENDATION that the Commission adopt
the proposed Order approving the Applications.
A-310906F0002
Application filed August 13, 2002, by ACN
COMMUNICATION SERVICES, INC., for
approval to offer, render, furnish or supply
telecommunication services as a Competitive Local
Exchange Carrier to the Public in the Commonwealth of
Pennsylvania.
RECOMMENDATION that the Commission adopt
the proposed Order approving the Application.
M-00920313
SOMERSET COUNTY 911 SYSTEM RENEWAL
PLAN received September 4, 2002 from the
Pennsylvania Emergency Management Agency formally
requesting a review and recommendation of the costs
associated with the contribution rate of $1.50 per access
line, per month.
RECOMMENDATION that the Commission adopt
the proposed Order approving the contribution rate.
5-0
FUS-0484*
5-0
FUS-0485*
5-0
FUS-0489*
5-0
7
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-0490*
A-311206
Application filed August 1, 2002, by ACCESS FIBER
SOLUTIONS, INC., for approval to offer, render,
furnish or supply Telecommunications services as a
Competitive Access Provider in the Commonwealth of
Pennsylvania.
RECOMMENDATION that the Commission adopt
the proposed Order approving the Application.
A-220008F2000
Application filed January 28, 2002, by BOROUGH
OF BELLEFONTE for approval of the abandonment
of service regulated by the PUC outside the Borough of
Bellefonte. RECOMMENDATION that the
Commission approve the Application.
A-125117
Application filed August 29, 2002, by DOMINION
FIELD SERVICES, INC. for license to offer, render,
furnish or supply natural gas supply services to large
commercial, industrial and governmental customers in
The Peoples Natural Gas Company territory within the
Commonwealth of Pennsylvania, as a supplier of natural
gas services.
RECOMMENDATION that the Commission
approve the Application.
A-125116
Application filed July 25, 2002, by CROWN
ENERGY SERVICES, INC. for license to offer,
render, furnish or supply natural gas supply services.
RECOMMENDATION that the Commission
approve the Application.
A-310963F0004
A-310580F0007
A-310401F0004
Joint Application filed July 3, 2002, by CYPRESS
COMMUNICATIONS OPERATING
COMPANY, INC., MCI WORLDCOM
COMMUNICATIONS, INC., and INTERMEDIA
COMMUNICATIONS, INC. for approval of the
transfer of regulated assets used in the provision of
shared tenant services.
RECOMMENDATION that the Joint Application be
approved and the proposed Order be adopted.
5-0
FUS-0839*
5-0
FUS-1095*
5-0
FUS-1100*
5-0
FUS-1404*
Withdrawn
8
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-1421*
S-00020927
Securities Certificate filed October 23, 2002, by THE
MANWALAMINK WATER COMPANY for
modification of the terms of an outstanding note,
extending the maturity of the loan, lowering the interest
rate and reducing the amortization period of ten years.
RECOMMENDATION that Ssecurities Certificate
be registered and the proposed Order be adopted.
S-00020907
Amended Securities Certificate filed October 23, 2002,
by PENNSYLVANIA-AMERICAN WATER
COMPANY for the issuance of general mortgage
bonds, in a principal amount up to $13.4 million, in
support of revenue bonds to be issued by the Clarion
County Industrial Development Authority.
RECOMMENDATION that the proposed Order be
adopted and the Amended Securities Certificate be
registered.
S-00020926
Securities Certificate filed October 22, 2002, by
PENNSYLVANIA-AMERICAN WATER
COMPANY for the issuance of bonds in an aggregate
principal amount not to exceed $80 million.
RECOMMENDATION that the Securities Certificate
be registered and the proposed Order be adopted.
S-00020915
Securities Certificate filed September 20, 2002, by
CHOICE ONE COMMUNICATIONS OF
PENNSYLVANIA, INC. for authority to enter into a
guarantee of pre-existing bridge agreements, in an
aggregate principal amount not to exceed $180 million.
RECOMMENDATION that the Securities Certificate
be registered and the proposed Order be adopted
5-0
FUS-1423*
5-0
FUS-1424*
5-0
FUS-1425*
5-0
9
PUC-246
*Denotes Order
BUREAU OF FIXED UTILITY SERVICES
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
FUS-1426*
S-00020916
G-00020973
Securities Certificate filed September 6, 2002, and
Affiliated Interest Agreement filed August 22, 2002, by
WEST PENN POWER COMPANY in connection
with the issuance of a Note in the aggregate principal
amount of $160 million to an affiliate, WEST PENN
POWER FUNDING, LLC- WEST.
RECOMMENDATION that the Securities Certificate
be registered, the Affiliated Interest Agreement be
approved, and the proposed Order be adopted.
A-310332F5000
Application filed July 31, 2002, by NEW CENTURY
TELECOM, INC. for approval of the transfer of all of
its stock pursuant to a Stock Purchase Agreement.
RECOMMENDATION that the Application be
approved and the proposed Order be adopted.
5-0
FUS-1427*
5-0
10
PUC-246
*Denotes Order
LAW BUREAU
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
L-0096*
M-0002____
In Re: Order Directing Filing Pursuant to the FEDERAL
COMMUNICATIONS COMMISSION’S
Memorandum Opinion and Order released January 31,
2002 in the PAYPHONE RECLASSIFICATION
PROCEEDING.
RECOMMENDATION that the Commission adopt
the proposed Tentative Order with directions to
VERIZON PENNSYLVANIA INC. regarding this
matter.
P-00971177
Petition of 20 RURAL INCUMBENT LOCAL
EXCHANGE CARRIERS for a 36-month Suspension
of Interconnection Requirements Limited to only those
requirements set forth in Section 251(b)(1) and (c) of the
Telecommunications Act of 1996; and Petition of Eight
RURAL ILECs to Join and for Relief Under Section
251(f)(2) of the Telecommunications Act of 1996.
RECOMMENDATION that the Commission adopt
the proposed Order granting the Petition for Joinder, but
the Petitioner’s request for a 36-month extension of
suspension from interconnection obligations be denied.
5-0
L-0097*
Postponed by Commissioner
Wilson until PM 12-5
L-0100*
C-20028517
LBPS v. ESSENTIAL.COM, INC.
RECOMMENDATION that the Commission adopt
the proposed Default Order canceling the NGS License.
C-20028519
LBPS v. ONLINECHOICE.COM.
RECOMMENDATION that the Commission adopt
the proposed Default Order canceling the NGS License.
C-20028518
LBPS v. V-P ENERGY, INC
RECOMMENDATION that the Commission adopt
the proposed Default Order canceling the NGS License.
5-0
L-0101*
5-0
L-0102*
5-0
11
PUC-246
*Denotes Order
LAW BUREAU
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
L-0103*
C-20028516
LBPS v. PG&E ENERGY SERVICES
RECOMMENDATION that the Commission adopt
the proposed Default Order canceling the NGS License.
C-20028514
LBPS v. CLINTON ENERGY MANAGEMENT
SERVICES
RECOMMENDATION that the Commission adopt
the proposed Default Order canceling the NGS License.
C-20028513
LBPS v. ENRON ENERGY SERVICES, INC.
RECOMMENDATION that the Commission adopt
the proposed Default Order canceling the NGS License.
M-00021635F0004
P-00961071F0002
Request of AT&T COMMUNICATIONS OF
PENNSYLVANIA, INC. and TCG DELAWARE
VALLEY, INC. for Additional Two Blocks of 1,000
Telephone Numbers in the 717 Area Code.
RECOMMENDATION that the Commission adopt
the proposed Order granting two IK blocks in the 717
NPA to AT&T for use by the specific customer.
P-00021983
Joint Petition of PENNSYLVANIA POWER
COMPANY, METROPOLITAN EDISON
COMPANY, and PENNSYLVANIA ELECTRIC
COMPANY for Temporary Waiver of certain Universal
Reporting Requirements of 52 Pa. Code §54.75.
RECOMMENDATION that the Commission adopt
the proposed Order addressing the Joint Petition.
5-0
L-0104*
5-0
L-0105*
5-0
L-0108*
5-0
L-0109*
5-0
12
PUC-246
*Denotes Order
OFFICE OF ADMINISTRATIVE LAW JUDGE
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
ALJ-0043 R*
M-FACG0114
GASCO DISTRIBUTION SYSTEMS, INC. –
CLAYSVILLE DIVISION RE: FILING OF
ANNUAL SECTION 1307(E) STATEMENT
FOR THE 12-MONTH PERIOD ENDED
AUGUST 31, 2001
On April 1, 2001, Gasco filed its 2001 Section 1307(e)
Statement setting forth the Company’s over/under
collections for the 12-month period ended August 31,
2001. On June 18, 2002, a hearing was held.
REVIEW of ALJ Cocheres’s Recommended Decision
approving the Section 1307(e) Statement.
C-20016403
CLINICAL TRIAL SERVICES v. AUDUBON
WATER COMPANY
On November 5, 2001, a complaint was filed alleging the
quality of water received by Audubon Water Co. was
substandard. On December 6, 2001, Audubon filed its
Answer and a Motion to Dismiss. Due to proceedings in
the PA Commonwealth Court, further Commission
proceedings were stayed. On September 9, 2002, the
stay was lifted.
COMMISSION REVIEW of ALJ Weismandel’s
Initial Decision dismissing the complaint.
5-0
ALJ-0062*
(PP from 11/7/02)
Postponed by Commissioner Wilson
until PM 12-5
ALJ-0065*
C-20016570
Motion by Vice Chairman Bloom
5-0
REBECCA BARJOLA v. PECO ENERGY
COMPANY
On December 19, 2001, a complaint was filed alleging
an inability to pay. An Answer was filed on January 30,
2002. On May 20, 2002, a hearing was held.
COMMISSION REVIEW of ALJ Paist’s Initial
Decision denying the complaint and establishing a
payment plan.
13
PUC-246
*Denotes Order
OFFICE OF ADMINISTRATIVE LAW JUDGE
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
ALJ-0066*
Z-01033111
ELIZABETH FORD v. PECO ENERGY
COMPANY
On January 8, 2002, complainant filed an appeal of a
BCS determination, alleging an inability to pay. An
Answer was filed February 7, 2002. A hearing was
held.on June 3, 2002
COMMISSION REVIEW of ALJ Paist’s Initial
Decision denying the complaint, except to the extent that
the BCS monthly payment plan be modified.
C-20016215
C-20016552
GASCO DISTRIBUTION SYSTEMS, INC.,
KANE DIVISION; GASCO DISTRIBUTION
SYSTEM, INC., CLAYSVILLE DIVISION v. PUC
On October 3, 2001, Kane filed a complaint objecting to
a modification to its proposed Gas Cost Rate. On
October 30, 2001, Claysville also filed a complaint
objecting to the same. On August 1, 2002 a Joint
Settlement Stipulation was filed.
REVIEW of ALJ Cocheres’s Recommended Decision
approving the Joint Settlement Stipulation.
5-0
ALJ-0067*
5-0
14
PUC-246
*Denotes Order
PENNSYLVANIA PUBLIC UTILITY COMMISSION
CARRY-IN AGENDA
NOVEMBER 21, 2002
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0355*
C-00014669
DENNIS BRIGGS, et al v. COMMONWEALTH
TELEPHONE COMPANY
Petition for Reconsideration of the Commission’s Opinion
and Order entered October 28, 2002, filed by OCA on
November 12, 2002.
RECOMMENDATION that the Commission grant the
Petition, pending review of and consideration on the
merits.
5-0
LAW BUREAU
L-0112*
P-00021984
Joint motion by Chairman Thomas
and Commissioner Pizzingrilli
5-0
Petition for Approval of PECO ENERGY
COMPANY’S Market Share Threshold/Bidding
Assignment Process.
RECOMMENDATION that the Commission refer this
matter to the OALJ for mediation and possible Hearings,
consistent with the proposed Order.
Page 1 of 1
PUC-246
*Denotes Order
PENNSYLVANIA PUBLIC UTILITY COMMISSION
CARRY-IN AGENDA
SUPPLEMENTAL
NOVEMBER 21, 2002
OFFICE OF SPECIAL ASSISTANTS
BUREAU NO.
DOCKET NO.
NAME AND SUBJECT
OSA-0349*
C-20028114
LEVEL COMMUNICATIONS LLC (Level 3) v.
MARIANNA & SCENERY HILL TELEPHONE
COMPANY (M&SH).
On October 15, 2002, the Initial Decision of ALJ
Schnierle was issued consistent with an August 8,
2002 Order entered in this proceeding. Exceptions
and Reply Exceptions were filed by Level 3, M&SH
and Verizon Pennsylvania Inc. Concomitantly with
its Exceptions, Level 3 filed a Petition for Oral
Argument. M&SH filed its opposition to Level 3’s
Petition.
RECOMMENDATION that the Commission adopt
the proposed Opinion and Order that grants the
Exceptions, in part, and denies Level 3’s Petition for
Oral Argument.
Motion by Commissioner Pizzingrilli
5-0
Page 1 of 1