PENNSYLVANIA PUBLIC UTILITY COMMISSION PUBLIC MEETING ... · LINES, Kent, Indiana County, discontinuance of service and cancellation of their certificate, as a common carrier, by

PENNSYLVANIA PUBLIC UTILITY COMMISSION ________________

PUBLIC MEETING

________________

APRIL 6, 2006 (BS)

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 N-201, Second Floor, this Building. The Commissioners seated on the bench are: COMMISSIONER VICE CHAIRMAN CHAIRMAN COMMISSIONER COMMISSIONER Kim Pizzingrilli James H Cawley Wendell F Holland Bill Shane Terrance J Fitzpatrick THE TAKING OF PHOTOGRAPHS IS PERMITTED PROVIDED FLASH IS NOT USED. The Next Public Meeting is Tentatively Scheduled for Thursday, April 20, 2006 at 10:00 a.m.

Minutes of the Meeting of March 2, 2006 (BS)

BUREAU DIRECTORS AND MEMBERS OF THE LEGAL, TECHNICAL AND ADMINISTRATIVE STAFF OF THE COMMISSION

1-A

***ANNOUNCEMENTS***

THE NEXT PUBLIC MEETING OF THE PENNSYLVANIA PUBLIC UTILITY

COMMISSION IS SCHEDULED FOR THURSDAY, APRIL 20, 2006, AT 10:00 A.M., IN HEARING ROOM #1, SECOND FLOOR, COMMONWEALTH KEYSTONE BUILDING, 400 NORTH STREET. AN AGENDA FOR PUBLIC MEETING WILL BE MADE AVAILABLE TO ALL COMMISSIONERS AND INTERESTED PERSONS PRIOR TO THE PUBLIC MEETING.

ALSO, THE COMMISSION WILL HOLD AN EXECUTIVE SESSION ON THURSDAY, APRIL 6, 2006, FOLLOWING PUBLIC MEETING AT APPROXIMATELY 10:30 A.M., IN THE JR. EXECUTIVE CHAMBERS, THIRD FLOOR, KEYSTONE BUILDING. THE COMMISSION’S AGENDA WILL BE LIMITED TO: 1. DISCUSSING PERSONNEL MATTERS. 2. CONSULTING WITH ITS LEGAL OR TECHNICAL STAFF ABOUT ACTIONS WHICH THIS COMMISSION IS LITIGATING BEFORE OTHER ADMINISTRATIVE AGENCIES OR COURTS. 3. DISCUSSING CASES WHICH WILL BE COMMENCED OR ADJUDICATED BY COMMISSION ACTION. 4. REVIEWING LEGALLY PRIVILEGED OR CONFIDENTIAL MATTERS. 5. DISCUSSING COLLECTIVE BARGAINING ISSUES. 6. CONSIDERING THE PURCHASE OR LEASE OF REAL ESTATE. AN AGENDA FOR THE EXECUTIVE SESSION WILL BE DISTRIBUTED TO ALL COMMISSIONERS IN ADVANCE OF THIS SESSION. THIS NOTICE IS PROVIDED IN ACCORDANCE WITH ACT 84 of 1986, KNOWN AS THE SUNSHINE ACT.

**************

A LISTING OF THE COMPLAINTS INITIATED BY THE COMMISSION’S ENFORCEMENT BUREAUS, DURING THE CURRENT MONTH, IS AVAILABLE FOR PUBLIC INSPECTION IN ROOM N-201, SECOND FLOOR, COMMONWEALTH KEYSTONE BUILDING.

PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

2

TSM-0038 R* A-00122118 Application of ABSOLUTELY PITTSBURGH, LLC, Pittsburgh, Allegheny County, for a brokerage license. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0051 R* A-00118810, F.1,

Am-C Application of FELIX M. SZCZEPANSKI, t/a J. B. TAXI, Midland, Beaver County, for an amendment to his authority to transport, as a common carrier by motor vehicle, persons, upon call or demand, in the County of Lawrence SO AS TO PERMIT: the transportation of persons upon call or demand in the County of Mercer. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0056* A-00122187 Application of SAWINK, INC., t/d/b/a COUNTY

CAB CO., Fernwood, Delaware County, for the approval of the transfer to applicant of all of the common carrier call or demand right, held by Audrey Cab, Inc., t/d/b/a County Cab Co., at A-00116074, Fs. 1 & 2. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be cancelled by supplemental order.

TSM-0058* A-00122197 Application of EDWARD ALLEN RITTER,

Pequea, Lancaster County, for the approval of the transfer to applicant of all of the common carrier paratransit authority, held by Ricky & Leslie Bone, tenants by entirety, at A-00119291. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be cancelled by supplemental order.




3

TSM-0062* A-00115094 R-00061430

COMMUNITY AMBULANCE SERVICE, INC., Franklin, Venango County. Increase in Rates. RECOMMENDATION that Tariff Paratransit Pa. PUC No. 2 be approved to become effective on April 10, 2006.

TSM-0065* A-00122147 Application of ELI SURKIS, t/d/b/a ELI-AL CAB

CO., Elkins Park, Montgomery 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.

TSM-0078* A-00122104 Application of MELVIN S. GROFF, 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.

TSM-0084* A-00068088, F.6 Application of MARY LANICH, GEORGE

LANICH AND PAUL LANICH, t/a LANICH BUS LINES, Kent, Indiana County, discontinuance of service and cancellation of their certificate, as a common carrier, by motor vehicle, at A-00068088, F.6, authorizing the transportation of persons in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application canceling the certificate at A-00068088, F.6.

TSM-0085* A-00068088, F.3 Application of MARY LANICH, GEORGE

LANICH AND PAUL LANICH t/a LANICH BUS LINES, Kent, Indiana County, discontinuance of service and cancellation of their certificate, as a common carrier, by motor vehicle, at A-00068088, F.3, authorizing the transportation of persons on schedule. RECOMMENDATION that the Commission adopt the proposed order approving the application canceling the certificate at A-00068088, F.3.




4

TSM-0086* A-00068088, F.4 Application of MARY LANICH, GEORGE LANICH AND PAUL LANICH t/a LANICH BUS LINES, Kent, Indiana County, discontinuance of service and cancellation of their certificate, as a common carrier, by motor vehicle, at A-00068088, F.4, authorizing the transportation of persons on schedule. RECOMMENDATION that the Commission adopt the proposed order approving the application canceling the certificate at A-00068088, F.4.

TSM-0087* A-00068088 Application of MARY LANICH, GEORGE

LANICH AND PAUL LANICH t/a LANICH BUS LINES, Kent, Indiana County, discontinuance of service and cancellation of their certificate, as a common carrier, by motor vehicle, at A-00068088, authorizing the transportation of persons on schedule. RECOMMENDATION that the Commission adopt the proposed order approving the application canceling the certificate at A-00068088.

TSM-0088 R* A-00119720, F.5 Application of MOVIN’ MURDY, INC., Pittsburgh,

Allegheny County, for the approval of the transfer to applicant of all household goods in use rights, held by Pioneer Movers, Inc., at A-00094111, F.1, Am-C. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be canceled by supplemental order.

TSM-0092 R* A-00119340, F.2 Application of PAUL’S CAB SERVICE, INC.,

Sunbury, Northumberland County, for the additional right 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.




5

TSM-0093* A-00122188 Application of RONALD WARREN BAUER, JR., Lehighton, Carbon 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.

TSM-0094 R* A-00119984

R-00061431PRO MOVING & STORAGE, INC., Chambersburg, Franklin County. Increase in Rates. RECOMMENDATION that the 2nd Revised Page 82-A to Tariff Freight Pa. PUC No. 54, be approved to become effective on April 10, 2006.

TSM-0096* A-00121757 Application of NATHANIEL TAYLOR, Brooklyn,

New York, 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 dismissing the application.

TSM-0097* A-00122383 Application of RACING LIMOS OF YORK, LLC,

Mount Wolf, York 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.

TSM-0098 R* A-00122189 Application of JACK A CARR, Union City,

Crawford 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 modified.




6

TSM-0099* A-00121721, F.2 Application of KEYSTONE RELOCATION, LLC, State College, Centre County, for the additional right to transport, as a common carrier, by motor vehicle, household goods in use which is to be a transfer of the rights authorized under the certificate issued at A-00089650, F.2, Am-E to Williamsport Moving company, Inc., t/a Keystone Relocation. RECOMMENDATION that the Commission adopt the proposed order approving the application and cancelling the certificate of the transferor at A-00089650, F.2, Am-E by supplemental order.

TSM-0100* A-00122107 Application of RALPH NELSON WALTMAN,

Lancaster, 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.

TSM-0101* A-00121499 Application of RAYMOND S. & M. JOANNE

PEACHEY, TENANTS BY ENTIRETY, Belleville, Mifflin 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.

TSM-0102* A-00122379 Application of GREGORY E. RUFFO, t/a

RUFFO’S AUTO REPAIR, Youngwood, Westmoreland 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.




7

TSM-0104* A-00120525, F.2 Application of ANTHONY G. FURMAN, t/d/b/a PLATINUM MOVING COMPANY, City and County of Philadelphia, for the right to begin to transport, as a common carrier, by motor vehicle, household goods in use. RECOMMENDATION that the Commission adopt the proposed order approving the application, as amended.

TSM-0111* A-00120333 Application of C & S AMBULANCE SERVICE,

INC., Vandergrift Borough, Westmoreland 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 modified.

TSM-0112 R* A-00122144 Application of H & S LIMOUSINE SERIVCE,

INC., Montgomeryville, Montgomery 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.

TSR-0005* A-00121289 Application of SPRINGETTSBURY TOWNSHIP

for the approval of the establishment and construction of a new public crossing (DOT 925 322 V) where Concord Road (T-779) will cross, at grade, the track of Norfolk Southern Railway company in Springettsbury Township, York County. RECOMMENDATION that the Commission adopt an order which approves the application, appropriates railroad property, directs the crossing be constructed, allocates certain costs, assigns future maintenance and directs that a hearing be scheduled upon completion of construction, if necessary, to allocate costs incurred initially by the non-carrier public utility companies and any other matters relevant to this proceeding.




8

TSR-0007* A-00121491 Application of the COUNTY OF LAWRENCE, for approval to replace an at-grade crossing and add automatic crossing protection at Hilltown Bridge over the Mahoning River in Mahoning Township, Lawrence County, PA where a Township Road (T-324) crosses over a single track of the Norfolk Southern Railroad Corporation (DOT 544 754 R) in Mahoning Township, Lawrence County, PA and the allocation of costs incident thereto. RECOMMENDATION that the Commission adopt an order which approves the application, appropriates railroad property, directs the crossing be constructed, allocates certain costs, assigns future maintenance and directs that a hearing be scheduled upon completion of construction, if necessary, to allocate costs incurred initially by the non-carrier public utility companies and any other matters relevant to this proceeding.

TSV-0010* A-00121593C0501

A-00121593 PENNSYLVANIA PUBLIC UTILITY COMMISSION v. MAXIM MICHANN, t/a MAXICOACH, Bensalem, Bucks County, instituted a complaint alleging that it failed to achieve a satisfactory evaluation after having submitted to two (2) safety fitness reviews. RECOMMENDATION that the Commission adopt the proposed order sustaining the complaint and revoking the respondent’s certificate of public convenience at Docket No. A-00121593.

TSV-0012* A-00121487C0501

A-00121487 PENNSYLVANIA PUBLIC UTILITY COMMISSION v. MARK K. SAVAGE, Connellsville, Fayette County, instituted a complaint alleging that he failed to complete a safety fitness review. RECOMMENDATION that the Commission adopt the proposed order sustaining the complaint and revoking the respondent’s certificate of public convenience at Docket No. A-00121487.


OFFICE OF SPECIAL ASSISTANTS


9

OSA-0020* C-20043394 DIANE MEYER v. PPL ELECTRIC UTILITIES CORPORATION (billing dispute) On July 20, 2004, Complainant filed a Complaint against PPL alleging that her electric bills from PPL were too high. On August 17, 2004, PPL filed an Answer. On September 19, 2005 the Initial Decision of ALJ Colwell was issued recommending that the Complaint be sustained. PPL filed Exceptions on October 7, 2005. RECOMMENDATION that the Commission adopt the draft Opinion and Order which grants in part and denies in part PPL’s Exceptions and modifies the ALJ’s recommendation.

OSA-0061* (PP from 3/16//06)

F-01612844 JEANETTE HENNON v. THE PEOPLES NATURAL GAS COMPANY d/b/a DOMINION PEOPLES (payment dispute) On March 7, 2005, Complainant filed a Complaint against Dominion Peoples alleging that she received an improper retroactive billing from Dominion Peoples as she was told that she would receive “free gas” by a company representative. Dominion Peoples filed an Answer on June 2, 2005. On September 14, 2005, ALJ Corbett issued an Initial Decision recommending that the Complaint be denied in part and granted in part. Complainant filed Exceptions on September 20, 2005. RECOMMENDATION that the Commission adopt the proposed Opinion and Order which denies the Complainant’s Exceptions and adopts the ALJ’s Initial Decision.

OSA-0080* A-310608F7000 Joint Petition of VERIZON PA and AMERICAN

CELLULAR filed on February 20, 2006 for Approval of Amendment No. 3 to an existing Interconnection Agreement. No comments have been received. RECOMMENDATION that the Commission adopt the proposed Opinion and Order granting the Joint Petition.




10

OSA-0081* A-310743F7000 Joint Petition of VERIZON PA and PAE TEC COMMUNICATIONS filed on February 20, 2006 for Approval of Amendment No. 5 to an existing Interconnection Agreement. No Comments have been received. RECOMMENDATION that the Commission adopt the proposed Opinion and Order granting the Joint Petition.

OSA-0082* A-311405F7001 Joint Petition of VERIZON NORTH INC. and

GLOBAL LINK TELECOMMUNICATIONS, LLC for Approval of an Interconnection Agreement and Amendment No. 1. No Comments have been received. RECOMMENDATION that the Commission adopt the proposed Opinion and Order granting the Joint Petition.

OSA-0083* A-311405F7000 Joint Petition of VERIZON PENNSYLVANIA INC

and GLOBAL LINK TELECOMMUNICATIONS, LLC for Approval of an Interconnection Agreement and Amendment No. 1. RECOMMENDATION that the Commission adopt the proposed Opinion and Order granting the Joint Petition.

OSA-0084* A-310640F7000 Joint Petition of VERIZON PENNSYLVANIA

INC. and COVISTA, INC. filed on February 14, 2006, for Approval of an Interconnection Agreement, Amendment No. 1 and Amendment No. 2. No Comments have been received. RECOMMENDATION that the Commission adopt the proposed Opinion and Order granting the Joint Petition.




11

OSA-0085* A-310640F7001 Joint Petition of VERIZON NORTH INC. and COVISTA, INC. filed on February 14, 2006, for Approval of an Interconnection Agreement, Amendment No. 1 and Amendment No. 2. No Comments have been received. RECOMMENDATION that the Commission adopt the proposed Opinion and Order granting the Joint Petition.

OSA-0086* A-311242F7000 Joint Petition of VERIZON PENNSYLVANIA

INC. and FRANCE TELECOM CORPORATE SOLUTIONS, LLC filed on February 10, 2006, for Approval of an Interconnection Agreement. No Comments have been received. RECOMMENDATION that the Commission adopt the proposed Opinion and Order granting the Joint Petition.

OSA-0088* (PP from 3/16/06)

C-20030123 DANIEL FRANKS v. T-NETIX and T-NETIX TELECOMMUNICATIONS, INC. (alleged inadequate service and billing dispute) On April 23, 2003, Complainant filed a complaint alleging that he was unable to make collect calls after purchasing prepaid telephone minutes. On May 3, 2005 ALJ Cocheres issued his Initial Decision and concluded that T-Netix was subject to and violated certain provisions of the Pa. Code and the Public Utility Code regarding inadequate service. On May 23, 2005, Exceptions were filed by T-Netix. RECOMMENDATION that the Commission adopt the proposed Opinion and Order modifying the Initial Decision.




12

OSA-0101* A-00114956; A-00114956C0501

PENNSYLVANIA PUBLIC UTILITY COMMISSION v. SPELLMAN LIMOUSINE SERVICE, INC. (lack of evidence of insurance) On October 3, 2005, the Commission’s Bureau of Transportation and Safety instituted a Complaint against Spellman Limo alleging failure to maintain evidence of insurance on file with the Commission. By Order entered January 25, 2006, the Commission cancelled Spellman Limo’s Certificate. On February 17, 2006, Spellman Limo filed a Petition for Reconsideration requesting that our January 25, 2006 Order be rescinded and that Spellman’s Certificate be suspended for a period of one year. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies Spellman Limo’s Petition.

OSA-0102* R-00016219, et al PENNSYLVANIA PUBLIC UTILITY

COMMISSION, ET AL, v. METROPOLITAN EDISON COMPANY and PENNSYLVANIA ELECTRIC COMPANY (generation rate adjustment) On November 4, 2005, the Commission entered a Tentative Order modifying a non-unanimous Settlement which proposed to resolve Met-Ed and Penelec’s Generation Rate Adjustment mechanism proposal. Met-Ed and Penelec filed Comments in opposition to the Tentative Order. The Office of Consumer Advocate, the Office of Small Business Advocate, the Met-Ed Industrial Users Group and the Penelec Industrial Alliance filed Comments in favor of the proposed Settlement without modification. Richards Energy Group filed Comments in support of the Settlement, but indicated it was not opposed to the Tentative Order’s modification. The Retail Energy Supply Association filed Comments in support of the Tentative Order. RECOMMENDATION that the Commission REMAND the proceeding to the OALJ, consistent with the proposed Opinion and Order.




13

OSA-0103* A-00115346; A-00115346C0501

PENNSYLVANIA PUBLIC UTILITY COMMISSION, BUREAU OF TRANSPORTATION AND SAFETY v. KIDS SHUTTLE, INC. (code violation) On November 3, 2005, BTS filed a Complaint against Petitioner alleging that the Petitioner had failed to pay outstanding assessments for Fiscal Year 2005-2006. By Order issued on February 23, 2006, the Commission noted that since no Answer to the Complaint had been timely filed, the allegation of the Complaint was deemed admitted, the Complaint was sustained, and the Petitioner’s Certificate was cancelled. On March 3, 2005, Petitioner filed the instant Petition for Reinstatement. RECOMMENDATION that the Commission adopt the proposed Opinion and Order which grants the Petition.

OSA-0106* A-210104F0066

A-210620F2000 AQUA PENNSYLVANIA, INC. and COUNTRY CLUB GARDENS WATER COMPANY, INC. Joint Application filed for Aqua to acquire the assets of Country Club, to begin to offer service in Country Club’s service territory and for Country Club to abandon service. Several townships and two municipal authorities as well as three individual customers filed a Joint Protest. The Joint Applicants filed a Motion to Dismiss the Protests. ALJ Salapa issued an Initial Decision on January 24, 2006, granting in part the Motion to Dismiss. Exceptions were filed by both the Joint Applicants and the Joint Protestants. RECOMMENDATION that the Commission grant in part and deny in part the Exceptions of the Joint Protestants; deny the Exceptions of the Joint Applicants; modify the Initial Decision; and grant in part the Motion to Dismiss, consistent with the proposed Opinion and Order.




14

OSA-0107* C-20054622 KRISTINE VAN HOUTEN v. PPL ELECTRIC UTILITIES CORPORATION (billing dispute) Complaint, filed on January 24, 2006, alleged that bills from January through April 2005 were too high. ALJ. Colwell issued an Initial Decision on January 20, 2006, wherein the ALJ found that Complainant had failed to sustain her burden of proof. Complainant filed Exceptions on January 24, 2006. PPL filed Reply Exceptions on February 13, 2006. RECOMMENDATION that the Commission adopt the draft Opinion and Order that denies the Complainant’s Exceptions and adopts the ALJ’s Recommended Decision.

OSA-0109* Z-01760949 NANCY KELLAMS v. EQUITABLE GAS

COMPANY (billing dispute) On December 7, 2004, Complainant filed a Complaint against Equitable disputing the amount of her bills. Equitable filed an Answer on February 16, 2005. On December 2, 2005, ALJ Cocheres issued an Initial Decision recommending that the Complaint be dismissed. Complainant filed Exceptions on December 19, 2005. Equitable filed Reply Exceptions on December 29, 2005. RECOMMENDATION that the Commission adopt the proposed Opinion and Order which grants in part and denies in part the Complainant’s Exceptions and adopts the ALJ’s Initial Decision.




15

OSA-0110* F-01633898 MILTON BITTERS v. PECO ENERGY COMPANY (billing dispute) On June 10, 2005, Complainant filed a Complaint against PECO disputing the amount of his electric and gas bills. PECO filed an Answer on August 10, 2005. On January 10, 2006, ALJ Jones issued an Initial Decision recommending the Complaint be dismissed with prejudice. Complainant filed Exceptions on January 26, 2006. PECO filed Reply Exceptions on February 10, 2006. RECOMMENDATION that the Commission adopt the proposed Opinion and Order which grants the Complainant’s Exceptions and REMANDS the matter to the Office of Administrative Law Judge for further action as deemed appropriate.

OSA-0111* F-01724264 JOHN AMPOE EKPAHA-MENSAH v.

METROPOLITAN EDISON COMPANY (billing dispute) On September 30, 2004, Complainant filed a Complaint against Met-Ed alleging that Met-Ed erroneously claimed an account balance in excess of a certain amount for the period of March 1999 to April 2000. On November 4, 2004, Met-Ed filed an Answer. The Initial Decision of ALJ. Jones was issued on February 22, 2005 recommending that the Complaint be dismissed with prejudice. Complainant filed Exceptions and Met-Ed filed Reply Exceptions. The Commission’s Opinion and Order disposing of the Exceptions was issued on December 13, 2005. On January 17, 2006, Complainant filed the instant Petition for Reconsideration. RECOMMENDATION that the Commission adopt the draft Opinion and Order which denies the Petition.


BUREAU OF FIXED UTILITY SERVICES


16

FUS-0435* P-00001854F1000 R-00051227, et al.

VERIZON NORTH INC. Home Office – Philadelphia, PA 2006 Price Change Opportunity filing along with revisions to Tariff Telephone-Pa. P.U.C. Nos. 1, 3, 4, 5, 6 and 11 to become effective April 15, 2006. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0803* R-00051158 TEMPLETON WATER COMPANY

Home Office – Templeton, PA Supplement No. 3 to Tariff Water-Pa. P.U.C. No. 1 filed December 5, 2005, proposing various rule changes to become effective February 6, 2006, and voluntarily postponed to April 7, 2006. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0810* A-230068F0003 Application filed October 28, 2005, by

TIMBERLEE VALLEY SANITATION COMPANY, INC., for approval of the right to offer, render, furnish or supply wastewater service to the public in a portion of Connoquenessing and Lancaster Townships, Butler County, PA. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1008* R-00061267 WELLSBORO ELECTRIC COMPANY

Home Office – Wellsboro, PA Supplement No. 26 to Tariff Electric-Pa. P.U.C. No. 8 filed January 23, 2006, proposing several changes to implement the Responsible Utility Customer Protection Act, to become effective March 24, 2006, voluntarily postponed until April 7, 2006. RECOMMENDATION that the Commission adopt the proposed Order.




17

FUS-1011* A-110129 Petition filed January 24, 2006, by IT’S ELECTRIC & GAS, L.L.C., for approval of an alternative level of bonding pursuant to 52 Pa. Code § 54.40(d). RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1018* R-00061303 PIKE COUNTY LIGHT & POWER COMPANY

Home Office – Milford, PA Supplement No. 74 to Tariff Gas-Pa. P.U.C. No. 6 filed February 6, 2006, proposing several changes to budget billing rules, to become effective April 7, 2006. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1022* P-00062209 Petition filed March 27, 2006, by UGI UTILITIES,

INC.-GAS DIVISION, concerning a change in purchased gas cost. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1322* S-00061102 Securities Certificate filed February 24, 2006, by

TOTAL ENVIRONMENT SOLUTIONS, INC., for approval to assume securities in an aggregate principal amount not to exceed $16,000,000. RECOMMENDATION that the Commission adopt the proposed Order.




18

FUS-1323* S-00061104 S-00061105 S-00061106

Securities Certificates filed February 27, 2006, by TELCOVE OF PENNSYLVANIA, INC., TELCOVE OPERATIONS, INC., TELCOVE OF EASTERN PENNSYLVANIA, TELCOVE INVESTMENT, LLC and TELCOVE OF YORK, for: (1) their entry into an amended term loan facility not to exceed $85 million; (2) the addition of TelCove of York as a borrower and guarantor under the amended $65 million term loan facility; and, (3) the addition of TelCove of York as an additional borrower under an amended $75 million revolving credit agreement. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1326* S-00061107 Securities Certificate filed February 28, 2006, by

WILTEL COMMUNICATIONS, LLC and WILTEL LOCAL NETWORK, LLC, for registration pursuant to Chapter 19 of the Public Utility Code, 66 PA CS §§ 1901, et seq., for participation in a previously approved Credit Agreement with their indirect parent, Level 3 Financing, Inc. in a principal amount not to exceed $850,000,000. RECOMMENDATION that the Commission adopt the proposed Order.


COMBINED BUREAU AGENDA


19

FUS-1019* R-00051178 A-123350F0005 A-123350F0006 G-00061164

T. W. PHILLIPS GAS AND OIL CO. Home Office – Butler, PA Tariff Gas-Pa. P.U.C. No. 6, filed February 13, 2006, to become effective April 14, 2006, proposing an annual increase in rates of $21,652,641. Application for approval of the acquisition by Phillips for all of the common stock of a new exploration and production subsidiary. Application for approval of the transfer of Phillips’ production plant assets and related liabilities to said new subsidiary. Application for approval of an Affiliated Interest Contract for the purchase of gas by Phillips from said new subsidiary. RECOMMENDATION that the Applications and the Affiliated Interest Agreement be consolidated with T. W. Phillips rate filing; that the proposed Tariff and consolidated Applications be suspended by operation of law until November 14, 2006; and that the matter be referred to the OALJ, consistent with the proposed Order.

OTS-0004 R-00051178 T. W. PHILLIPS GAS AND OIL CO.

Tariff Gas-Pa. P.U.C. No. 6, to become effective April 14, 2006, proposing an annual increase in revenues of $21,652,641. RECOMMENDATION that the Commission institute an Investigation and allow the filing to be suspended by operation of law for seven months or through November 14, 2006.


LAW BUREAU


20

L-0011* (PP from 3/16/06)

L-00040167 Proposed RULEMAKING FOR REVISION OF 52 PA. CODE CHAPTER 57 pertaining to adding Inspection and Maintenance Standards for the Electric Distribution Companies. RECOMMENDATION that the Commission adopt the draft PROPOSED RULEMAKING ORDER that adds Section 57.198 (regarding inspection and maintenance standards) to Chapter 57 of the Pennsylvania Code; and that the Order be published in the Pennsylvania Bulletin.


OFFICE OF ADMINISTRATIVE LAW JUDGE


21

ALJ-0527* (PP from 3/16/06)

C-20054566 ROBERT BARSON, T/A BARSON DEVELOPMENT v. COLUMBIA GAS OF PA, INC. On May 13, 2005, a complaint was filed alleging Columbia engaged in improper billing and collection practices. On July 13, 2005, Columbia filed a Request for Leave to File Preliminary Motion, a Preliminary Motion for More Specific Pleading, and a Motion to Dismiss. A hearing was held on November 16, 2005. COMMISSION REVIEW of ALJ Gesoff’s Initial Decision dismissing the complaint.

ALJ-0537* (PP from 3/16/06)

F-01778902 GENEE L. LECHNER v. THE PEOPLES NATURAL GAS COMPANY, d/b/a DOMINION PEOPLES On April 12, 2005, a complaint was filed alleging a service dispute. On July 13, 2005, Peoples filed its answer. A hearing was held on December 1, 2005. COMMISSION REVIEW of ALJ Corbett’s Initial Decision denying the complaint.

ALJ-0538* (PP from 3/16/06)

Z-01744752 GEORGE T. BUTLER v. PHILADELPHIA GAS WORKS On May 10, 2005, a complaint was filed alleging a billing dispute. On August 24, 2005, PGW filed its answer. A hearing was held on December 12, 2005. COMMISSION REVIEW of ALJ Hoyer’s Initial Decision dismissing the complaint with prejudice.

ALJ-0539* C-20043195 JASON YANCY v. PECO ENERGY CO

On June 18, 2004, a complaint was filed alleging a service dispute. On August 6, 2004, PECO filed its answer. A hearing was held on January 11, 2005. COMMISSION REVIEW of ALJ Fordham’s Initial Decision dismissing the complaint.

ALJ-0540* F-01917452 LUIS E. CAPELLA v. PECO ENERGY CO

On September 9, 2005, a complaint was filed alleging a service dispute. On September 30, 2005, PECO filed its answer. A hearing was held on December 27, 2005. COMMISSION REVIEW of ALJ Jones’ Initial Decision dismissing the complaint.




22

ALJ-0541* C-20054687 LINDA FRANCKOWIAK v. PPL ELECTRIC UTILITIES CORPORATION On April 19, 2005, a complaint was filed alleging a billing dispute. On July 28, 2005, PPL filed its answer. A hearing was held on November 16, 2005. COMMISSION REVIEW of ALJ Melillo’s Initial Decision sustaining the complaint.

ALJ-0543* C-20055181 IRIS R. OWEN v. THE PEOPLES NATURAL

GAS COMPANY, d/b/a DOMINION PEOPLES On September 1, 2005, a complaint was filed alleging a billing dispute. On October 13, 2005, Peoples filed its answer. A hearing was held on January 4, 2006. COMMISSION REVIEW of ALJ Meehan’s Initial Decision sustaining the complaint in part.

ALJ-0544* M-00051892 PA PUC v. GASCO DISTRIBUTION SYSTEMS,

INC. – KANE DIVISION GCR FILING On or about August 4, 2005, GASCO filed its annual gas cost rate (GCR) filing pursuant to Section 1307(a) of the Public Utility Code, 66 Pa. C.S.A. §1307(a), to become effective September 1, 2005. The filing was revised on August 12, 2005. On August 25, 2005, the Commission approved the proposed total gas costs, subject to Commission review and audit. A Joint Petition for Settlement was filed February 7, 2006. REVIEW of ALJ Nene’s Recommended Decision approving the Settlement.

ALJ-0545* M-FACG0508 –

M-FACG0515 PA PUC v. HERMAN RIEMER GAS COMPANY, et al. – GAS UTILITIES RECONCILIATION OF REVENUES AND EXPENSES FOR TWELVE-MONTH PERIOD ENDING AUGUST 31, 2005 On January 11, 2006, a hearing was held to review 1307(e) Statements filed by eight (8) gas utilities. REVIEW of ALJ Corbett’s Recommended Decision approving the Statements.




23

ALJ-0546* R-00050672 R-00050672C0001

PA PUC; OCA v. MEADOWS SEWER COMPANY On August 1, 2005, Meadows Sewer Company filed Supplement No. 6 to Tariff Sewer Pa. P.U.C. No. 1, proposing an annual increase in rates to become effective October 3, 2005. By Commission Order entered September 29, 2005, Supplement No. 6 was suspended until May 3, 2006 and an investigation was instituted. By letter dated October 12, 2005, Meadows agreed to a sixty day extension of the statutory deadline. A Joint Petition for Settlement was filed on December 8, 2005. REVIEW of ALJ Cocheres’ Recommended Decision approving the Settlement.

1


PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA

APRIL 6, 2006



TSM-0120* S.P. 28208 APRIL 2006 REVIEW of the FUEL COST RECOVERY SURCHARGE. RECOMMENDATION that the Commission increase the surcharge to $.60 per trip for call or demand, and to $1.35 per trip for paratransit and airport transfer service, for each paying passenger, effective April 10, 2006, consistent with the proposed Order, to be published in the Pennsylvania Bulletin..


OSA-0116* A-220010 Application of CITY OF LEBANON; Order

Certifying Material Question for Interlocutory Review. RECOMMENDATION that the Commission affirm the suggested Answer of ALJ Weismandel as stated in his Order issued March 17, 2006; and that the matter be referred back to the OALJ for further proceedings, consistent with the proposed Opinion and Order.

LAW BUREAU

L-0029* M-00061936 In Re: PG ENERGY’S Proposed Termination of

Natural Gas Service to Community Central Energy Corporation. RATIFICATION and MODIFICATION of the Commission’s March 28, 2006 Second Emergency Order.

PUC-246

2

*Denotes Order

LAW BUREAU


L-0030* M-00041793 PIKE COUNTY LIGHT & POWER COMPANY’S Universal Service Program. Comments were filed by the Company, OCA and OSBA, in response to the Commission’s March 17, 2006 Order, regarding the possible rescission and amendment of the Commission’s June 1, 2004 Order. RECOMMENDATION that the Commission rescind the previous Order and reinstate Pike’s Low Income Pilot Program, consistent with the proposed Order.

COMMISSIONERS

C-0009 P-00062205 MOTION OF VICE CHAIRMAN JAMES H.

CAWLEY IN RE: PIKE COUNTY LIGHT & POWER COMPANY.

Page 1 of 1


PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA

SUPPLEMENTAL

APRIL 6, 2006

COMMISSIONERS


C-0010 A-313200F0007

A-311379F0002 MOTION OF CHAIRMAN WENDELL F. HOLLAND IN RE: UNITED TELEPHONE OF PENNSYLVANIA, d/b/a SPRINT and of SPRINT LONG DISTANCE, INC.

PENNSYLVANIA PUBLIC UTILITY COMMISSION PUBLIC MEETING ... · LINES, Kent, Indiana County, discontinuance of service and cancellation of their certificate, as a common carrier, by

Documents