PENNSYLVANIA PUBLIC UTILITY COMMISSION PUBLIC MEETING ... · Application of ANGEL LIMOUSINE...

PENNSYLVANIA PUBLIC UTILITY COMMISSION ________________

PUBLIC MEETING

________________

MARCH 6, 2003 (RB)

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 COMMISSIONER Terrance J. Fitzpatrick Robert K. Bloom Glen R. Thomas Aaron Wilson, Jr. Kim Pizzingrilli THE TAKING OF PHOTOGRAPHS IS PERMITTED PROVIDED FLASH IS NOT USED. The Next Public Meeting is Tentatively Scheduled for Friday, March 21, 2003 at 10:00 a.m.

Minutes of the Meeting of February 6, 2003 (TF)

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 FRIDAY, MARCH 21, 2003, 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. ADDITIONALLY, THE COMMISSION HAS HELD AN EXECUTIVE SESSION, ON TUESDAY, MARCH 4, 2003, AT 9:00 A.M., IN THE COMMISSION’S JR. EXECUTIVE CONFERENCE ROOM, THIRD FLOOR, KEYSTONE BUILDING. THE COMMISSION’S AGENDA WAS 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.

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A LISTING OF THE COMPLAINTS INITIATED BY THE COMMISSION’S ENFORCEMENT BUREAUS, DURING THE CURRENT MONTH, IS AVAILABLE FOR PUBLIC INSPECTION IN ROOM B-7 NORTH, SECOND FLOOR, KEYSTONE BUILDING.

PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

2

TSM-0010* A-00112166, F. 1, Am-B

Application of CLASSIC LIMOUSINE TRANSPORTATION, LLC, Coraopolis, Allegheny County, for amendment to its common carrier certificate: SO AS TO PERMIT the transportation of persons in limousine service between points in the county of Allegheny. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0023* A-00119122 Application of SAFECARE AMBULANCE

SERVICES, INC., Philadelphia, for a brokerage license evidencing the Commission’s approval of the right and privilege to arrange for the transportation of persons and their baggage between points in Pennsylvania. RECOMMENDATION that the Commission to adopt the proposed order approving the application. A license to be issued to the applicant upon compliance with the requirements in the order.

TSM-0032* A-00116477,

F. 1, Am-A Application of ANGEL LIMOUSINE SERVICE, INC., Pittsburgh, Allegheny County, for amendment to its common carrier certificate: SO AS TO PERMIT the transportation of persons in limousine service between points in Allegheny County. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0041* A-00117497,

F. 2 Application of HANS SCHACK AND MARK SCHACK, COPARTNERS, T/D/B/A ALLEGHENY BUSINESS LIMOUSINE, Pittsburgh, Allegheny County, for the right to begin to transport, as a common carrier by motor vehicle, persons in limousine service between points in the county of Allegheny. RECOMMENDATION that the Commission adopt the proposed order approving the application. A certificate to be issued to the applicant upon compliance with the requirements in the order.




3

TSM-0043* A-00111425, F. 2, Am-C

Application of DANIEL R. KOEBLER, T/D/B/A CROWN LIMOUSINE SERVICE, Grove City, Mercer County, for amendment to his common carrier certificate: SO AS TO PERMIT the transportation of persons in limousine service between points in the county of Allegheny. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0045* A-00100766,

F. 2, Am-B Application of ALLEGHENY LIMOUSINES, INC., Pittsburgh, Allegheny County, for amendment to its common carrier certificate: SO AS TO PERMIT the transportation of persons in limousine service between points in the county of Allegheny. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0046* A-00117557,

F. 1, Am-A Application of LAWRENCE A. WAITE, T/D/B/A AIRPORT SEDAN SERVICE, Pittsburgh, Allegheny County, for amendment to his common carrier certificate: SO AS TO PERMIT the transportation of persons in limousine service between points in Allegheny County. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0047* A-00107390,

F. 2 Application of EXECUTIVE TRANSPORTATION SERVICES, INC., Pittsburgh, Allegheny County, for the additional right to transport persons in limousine service between points in the county of Allegheny. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0049* A-00107792,

F. 6000 ETA application of PITTSBURGH COACH CORP., Essington, Delaware County, for the right to transport persons in limousine service between points in Allegheny County. RECOMMENDATION that the Commission adopt the proposed order approving the ETA application.




4

TSM-0050* A-00117167, F. 1, Am-A

Application of BRIAN HOMEROSKY & KEVIN R. PRESCOTT, COPARTNERS, T/D/B/A SOUTHPOINTE LIMOUSINE SERVICE, Houston, Washington County, for amendment to their common carrier certificate: SO AS TO PERMIT the transportation of persons in limousine service between points in Allegheny County. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0051* A-00116617,

F. 2, Am-A Application of JOSEPH A. TRAPUZZANO, T/D/B/A BROADWAY LIMOUSINE, Moon Township, Allegheny County, for amendment to his common carrier certificate: SO AS TO PERMIT the transportation of persons in limousine service between points in Allegheny County. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0052* A-00114432,

F. 1, Am-A Application of RED CARPET LIMOUSINE CONNECTION, INC., Mt. Pleasant, Westmoreland County, for amendment to its common carrier certificate: SO AS TO PERMIT the transportation of persons in limousine service between points in Allegheny County. RECOMMENDATION that the Commission adopt the proposed order approving the application, as amended.

TSM-0054* A-00119025 Application of SCOTT F. LENGYEL, Pittsburgh,

Allegheny County, for the right to begin to transport persons in limousine service between points in the county of Allegheny and from points in said county to points in Pennsylvania and return. RECOMMENDATION that the Commission adopt the proposed order approving the application, as amended.




5

TSM-0055* A-00119031 Application of PAUL LIBERATI, T/D/B/A A-1 LIMO, Pittsburgh, Allegheny, for the right to begin to transport persons in limousine service between points in Allegheny County. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0056* A-00112577,

F. 5, Am-B Application of AIRPORT LIMOUSINE SERVICE, INC., T/D/B/A AIRPORT LIMOUSINE SERVICE & EMBASSY COACH, West Mifflin, Allegheny County, for amendment to its common carrier certificate: SO AS TO PERMIT the transportation of persons in limousine service between points in Allegheny County. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0057* A-00118279,

F. 2 Application of JOHN CHAPMAN, T/D/B/A CHAPMAN’S LIMOUSING SERVICE, Pittsburgh, Allegheny County, for the right to begin to transport persons in limousine service between points in the county of Allegheny. RECOMMENDATION that the Commission adopt the proposed order approving the application. A certificate to be issued to the applicant upon compliance with the requirements in the order.

TSM-0058* A-00108537,

F, 3 Application of IMPERIAL LIMOUSINE, INC., Aston, Delaware County, for the additional right to transport persons in group and party service, exclusively operating vehicles with a seating capacity of 15 passengers or less, including the driver. RECOMMENDATION that the Commission adopt the proposed order approving the application as amended. A certificate to be issued to the applicant upon compliance with the requirements in the order.




6

TSM-0059* A-00119042 Application of ED CARTER, T/D/B/A CARTER IMOUSING SERVICE, Moon Township, Allegheny County, for the right to begin to transport persons in limousine service between points in Allegheny County. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0060* A-00109941,

F. 2 Application of KEITH A. & LISA M. HRYNDA, TENANTS BY ENTIRETY T/D/B/A BEVERLY HILLS LIMOUSINE SERVICE (FORMERLY KEITH HRYNDA & LISA GOELLER, COPARTNERS) for the additional right to transport persons in limousine service between points in the counties of Allegheny, Westmoreland and Washington. RECOMMENDATION that the Commission adopt the proposed order approving the application, as amended.

TSM-0064 S.P. 28207 TRISTATE HOUSEHOLD GOODS TARIFF

CONFERENCE, INC. has filed for a Fuel Cost Recovery Surcharge (Special Permission 28207) in response to escalating fuel costs. RECOMMENDATION approval of the Special Permission 28207.

TSR-0004* I-00000085 Investigation upon the Commission’s own motion to

determine the disposition of the public rail-highway crossing along PITTSBURG AND SHAWMUT RAILROAD, INC. (PSRR) PINEY BRANCH. RECOMMENDATION that the Commission adopt an order directing Limestone Township to post the subject bridge for a twelve (12) ton load limit.

TSV-0002* A-00114985C0201,

F. 2 PA. PUC V. CRANBERRY LIMOUSINE SERVICE, INC. (Cranberry Township, Butler County) RECOMMENDATION that the Commission adopt the proposed order directing that the instant compliant be sustained, that respondent be fined a total of $1,250 and that respondent cease and desist from further violations.


BUREAU OF AUDITS


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AUD-0002 D-01ITC034 WEST PENN POWER COMPANY Greensburg, PA Auditor’s Report on the Competitive Transition Charge for the three years ended December 31, 2001, and the Intangible Transition Charge for the fiscal year ended November 30, 2001 and the thirteen months ended November 30, 2000, which contained one finding. RECOMMENDATION that the Commission release the Audit Report.

AUD-0009 D-01OCA025 PENNSYLVANIA-AMERICAN WATER COMPANY Hershey, PA Auditor’s Report on the Original Cost Study of the T.O.W. Associates Water System Plant at December 31, 2000. The report had one finding. RECOMMENDATION that the Commission release the Audit Report.

AUD-0010 D-01OCA024 PENNSYLVANIA-AMERICAN WATER COMPANY Hershey, PA Auditor’s Report on the Original Cost Study of the Evansburg Water Company at December 31, 1998. The report had one finding and two areas of concern. RECOMMENDATION that the Commission release the Audit Report.

AUD-0011 D-01OCA023 PENNSYLVANIA-AMERICAN WATER COMPANY Hershey, PA Auditor’s Report on the Original Cost Study of the Fox Knoll Water Company at December 31, 2000. RECOMMENDATION that the Commission release the Audit Report.


BUREAU OF AUDITS


8

AUD-0012 M-00021630 PIKE COUNTY LIGHT AND POWER COMPANY Interim Gas Cost Rate Increase Effective March 6, 2003. RECOMMENDATION that the Commission approve the Company proposed total gas billing rate of $5.8987 per MCF to become effective with service rendered on and after March 6, 2003.

AUD-0013 M-00021655 ANDREASSI GAS COMPANY Interim Gas Cost Rate Increase Effective February 1, 2003. RECOMMENDATION that the Commission approve the Company proposed total gas billing rate of $4.7706 per MCF to become effective with service rendered on and after February 1, 2003.

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BUREAU OF CONSERVATION, ECONOMICS AND ENERGY PLANNING


CEP-0001* R-00973981 WEST PENN POWER SUSTAINABLE

ENERGY FUND RECOMMENDATION that the Commission approve the appointments of Mr. Edward Johnstonbaugh, Mr. James M. Stark and Mr. Robert Kramer to the Board of Directors for the West Penn Power Sustainable Energy Fund, consistent with the proposed Order.


OFFICE OF SPECIAL ASSISTANTS


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OSA-0002* (PP from 2/20/03)

C-00015580 C-20015875

LAWRENCE SPIELVOGEL v. PECO ENERGY COMPANY ALJ Nguyen issued an Initial Decision on September 24, 2002, recommending that the Complaint be sustained, in part. Respondent filed Exceptions to the Initial Decision on October 14, 2002. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Respondent’s Exceptions and reverses the ALJ’s Initial Decision.

OSA-0008* (PP from 2/6/03)

Z-01016735 GARRY EASLEY v. PECO ENERGY COMPANY On April 29, 2002, the Complainant filed a Formal Complaint against the Respondent alleging an inability to pay his electric bill. The October 9, 2002 Initial Decision of ALJ Cocheres dismissed the Complaint with prejudice for failure to prosecute. The Complainant filed the instant Exceptions on October 24, 2002. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Complainant’s Exceptions.

OSA-0035 R* A-00114905 PENNSYLVANIA PUBLIC UTILITY COMMIS-

SION, BUREAU OF TRANSPORTATION AND SAFETY v. MYERS TRANSPORTATION SERVICES, INC. On July 13, 2001, the BTS instituted a Complaint against Myers alleging that it failed to maintain proper evidence of current insurance. On January 10, 2003, Ms. Stacy M. Lewis filed the instant Letter Petition for Reinstatement. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order, which grants the Letter Petition.




11

OSA-0053 R* C-20016210 RICHARD FELECCIA v. PPL ELECTRIC UTILITIES CORPORATION, d/b/a PPL UTILITIES AND BARBARA A. LIMA On September 20, 2001, the Complainant filed a Formal Complaint alleging that PPL improperly billed him for foreign load. The Complaint was sustained by Initial Decision issued on February 11, 2002 by ALJ Lovenwirth. The Commission reversed the Initial Decision by Order entered on July 11, 2002. The Complainant filed a Petition for Rescission or Amendment on November 22, 2002. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Complainant’s Petition for Rescission or Amendment.

OSA-0057* A-00104394F0002 PENNSYLVANIA PUBLIC UTILITY COMMIS-

SION, BUREAU OF TRANSPORTATION AND SAFETY v. McGARITY MOVING COMPANY, INC. On July 4, 1992, the Commission issued a Rule to Show Cause to the Petitioner, regarding the Petitioner’s failure to file annual and assessment reports. By Secretarial Letter issued June 8, 1993, the Commission informed the Petitioner that its Certificate remained cancelled because it had not complied with the terms of the reinstatement Order. On December 23, 2002, the Petitioner filed the instant Petition for Rescission and Amendment and Reinstatement of Authority for Sole Purpose of Transfer. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the instant Petition.




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OSA-0058* A-310547F7002 JOINT PETITION OF THE UNITED TELE-PHONE COMPANY OF PENNSYLVANIA d/b/a SPRINT AND SUSQUEHANNA ADELPHIA BUSINESS SOLUTIONS... On January 27, 2003, Sprint and Adelphia filed a Joint Petition seeking approval of the “Adoption of Interconnection Agreement” between Sprint and Preferred Carrier Services pursuant to Section 252(i) of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.

OSA-0059* A-310923F7002 JOINT PETITION OF THE UNITED TELE-

PHONE COMPANY OF PENNSYLVANIA d/b/a SPRINT AND ADELPHIA BUSINESS SOLUTIONS OPERATIONS, INC…. On January 23, 2003, Sprint and Adelphia filed a Joint Petition seeking approval of the adoption of an Agreement between Sprint and Preferred Carrier Services, Inc. pursuant to Section 252(i) of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.


PHONE COMPANY OF PENNSYLVANIA d/b/a SPRINT AND ADELPHIA BUSINESS SOLUTIONS INVESTMENT, LLC… On January 24, 2003, Sprint and Adelphia filed a Joint Petition seeking approval of the adoption of an Agreement between Sprint and Preferred Carrier Services, Inc. pursuant to Section 252(i) of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.




13

OSA-0062* A-00108501 PENNSYLVANIA PUBLIC UTILITY COMMIS-SION, BUREAU OF TRANSPORTATION AND SAFETY v. MAIN LINE LIMOUSINE, INC., t/a ELEGANTE LIMOUSINE SERVICE On January 30, 2002, the BTS instituted a Complaint against the Petitioner alleging the Petitioner’s failure to pay outstanding assessments of $12,058. On October 31, 2002, the Petition filed the instant Letter Petition for Reinstatement. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Petitioner’s Letter Petition.


PHONE COMPANY OF PENNSYLVANIA d/b/a SPRINT AND ADELPHIA BUSINESS SOLUTIONS OF PENNSYLVANIA, INC…. On January 27, 2003, Sprint and Adelphia filed a Joint Petition seeking approval of the adoption of an Agreement between Sprint and Preferred Carrier Services, Inc. pursuant to Section 252(i) of the Telecommunication Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.

OSA-0065* M-00011468 PERFORMANCE MEASURES REMEDIES

By a Final Opinion and Order entered December 10, 2002, the Commission adopted PA Carrier-to-Carrier Guidelines and the Consensus PAP as the new PA PAP. On December 23, 2002, Verizon PA filed the instant Petition for Reconsideration and Clarification. RECOMMENDATION that the Commission adopt the proposed draft Final Opinion and Order which grants, in part, and denies, in part, Verizon PA’s Petition.




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OSA-0068* C-20028387 CHARLES TOMMOR v. PPL ELECTRIC UTILITIES CORPORATION On August 26, 2002, the Complainant filed a Formal Complaint. PPL filed an Answer and a Motion to Dismiss on September 18, 2002. On December 17, 2002, ALJ Porterfield issued an Initial Decision granting the motion and dismissing the Complaint. The Complainant filed Exceptions on January 4, 2003. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Complainant’s Exceptions.

OSA-0069* C-00015469 LEONARD VALENTINE v. COLUMBIA GAS

OF PENNSYLVANIA, INC. On May 17, 2001, Columbia filed an appeal of a BCS Decision sustaining a high bill complaint filed by the Petitioner. The Commission granted Columbia’s Exceptions and dismissed the Petitioner’s high bill complaint by Opinion and Order entered June 28, 2002. On December 21, 2002, the Petitioner filed a Letter-Petition requesting reconsideration of the June Order. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Complainant’s Letter-Petition.

OSA-0070* A-313200, et al. APPLICATION OF THE UNITED TELE-

PHONE COMPANY OF PENNSYLVANIA d/b/a SPRINT... On December 9, 2002, Sprint filed an Application seeking approval of Master Collocation License Agreements under Sections 251 and 252 of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed Tentative Order granting the Application.


BUREAU OF FIXED UTILITY SERVICES


15

FUS-0406 R* A-310349F0002 Application filed on May 2, 2002, by AMERIVISION COMMUNICATIONS, INC., D/B/A LIFELINE COMMUNICATIONS, INC., for approval to offer, render, furnish, or supply telecommunication services as a Facilities-based and Resold Competitive Local Exchange Carrier services to business and residential customers in the Commonwealth of Pennsylvania. RECOMMENDATION that the Commission approve the Application, consistent with the proposed Order.

FUS-0813* A-212285F0109 On December 16, 2002, PENNSYLVANIA-

AMERICAN WATER COMPANY filed an Application for approval of the merger of Pennsylvania-American Water with Salisbury Water Supply Company, with Pennsylvania-American Water Company as the surviving corporation. RECOMMENDATION that the Commission approve the Application, consistent with the proposed Order.

FUS-1001* R-00027870

M-0001418 On October 1, 2002, PECO ENERGY COMPANY filed a Petition to modify its Universal Service Program. The Bureau of Consumer Services has had extensive discussions with the company concerning this filing. RECOMMENDATION that the Commission adopt the proposed draft Order which approves the Petition with modifications.

FUS-1029* A-122250F0018 On October 10, 2002, PEOPLES NATURAL GAS

COMPANY D/B/A DOMINION PEOPLES filed a Petition for Declaratory Order Finding that a Parcel of Land is not Used or Useful in the Public Service. The Company’s Petition was denied and deemed that it be treated as an Application for approval of a transfer of property. RECOMMENDATION that the Application be approved, and that the Commission adopt the proposed Draft Order which implements this recommendation.




16

FUS-1030* R-00038106 T.W. PHILLIPS GAS & OIL COMPANY Butler, PA Supplement No. 13 to Tariff Gas-Pa. P.U.C. No. 5 filed January 13, 2003, to become effective March 14, 2003, proposing a new rule under which customers can remit payment using a credit card. RECOMMENDATION that the Supplement be approved, and that the Commission adopt the proposed draft Order which implements this recommendation.

FUS-1031 R* R-00038079 PPL ELECTRIC UTILITIES CORPORATION

Allentown, PA Supplement No. 31 to Tariff Electric-Pa. P.U.C. No. 201 filed January 9, 2003, to become effective March 10, 2003, proposing terms and conditions for station power usage. RECOMMENDATION that the Commission adopt the proposed draft Order that permits Tariff Supplement No. 31 to become effective on March 10, 2003.

FUS-1032* R-00038183 PECO ENERGY COMPANY

Philadelphia, PA Supplement No. 45 to Tariff Electric-Pa. P.U.C. No. 3 filed February 7, 2003, to become effective March 7, 2003, proposing to postpone the application of the residential market based pricing rules (“Monthly Pricing Option”) from May 1, 2003 to May 1, 2004. RECOMMENDATION that the Commission approve Supplement No. 45 to Tariff Electric-Pa. P.U.C. No. 3, and adopt the proposed draft Order which implements this recommendation.




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FUS-1034* R-00038224 PIKE COUNTY LIGHT AND POWER COMPANY Milford, PA Supplement No. 18 to Tariff Electric-Pa. P.U.C. No. 8, filed February 21, 2003, to become effective March 7, 2003. The filing proposes to comply with the provisions of Act No. 203 which was signed into law by the Governor of Pennsylvania on December 9, 2002. RECOMMENDATION that the Commission adopt the proposed draft Order that permits the Supplement to become effective on March 7, 2003.

FUS-1317* S-00030939 Securities Certificate filed by SOUTHERN UNION

COMPANY for the issuance of common stock or convertible preferred stock, or a combination of such issuances, such that the gross proceeds will not exceed $450 million. RECOMMENDATION that the Commission adopt the proposed order registering the Securities Certificate.

FUS-1318* A-311241 Application filed on January 23, 2003, by BETTER

WORLD TELECOM, INC. for approval to offer, render, furnish, or supply telecommunications services as a reseller of Interexchange Toll Services (IXC) to residential and business customers in the Commonwealth of Pennsylvania. RECOMMENDATION that the Commission adopt the proposed Order approving the Application.

FUS-1320* A-311232

A-311232 F0002 A-310964 F2000

Joint Application filed on November 15, 2002, for approval for: a) the sale of the assets of YIPES TRANSMISSION, INC. to YIPES ENTERPRISE SERVICES, INC. b) for YIPES ENTERPRISE SERVICES, INC. to begin the provision of service as a Competitive Local Exchange Carrier; and c) for YIPES TRANSMISSION, INC. to abandon the provision of telecommunications services. RECOMMENDATION that the Commission adopt the proposed Order approving the Joint Application.


COMBINED BUREAU AGENDA


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FUS-0818* R-00028029 REYNOLDS WATER COMPANY Greenville, PA Tariff Water-Pa. P.U.C. No. 3, filed December 18, 2002, proposing an annual increase in rates of $153,083, voluntarily postponed to become effective March 7, 2003. A Formal Complaint has been filed. RECOMMENDATION that the Commission institute a Formal Investigation of the proposed general rate increase noting that the tariff will be suspended by operation of law for a period not to exceed seven (7) months from March 7, 2003; and that the case be assigned to the OALJ, consistent with the proposed Order.

OTS-4 (PP from 2/6/03)

R-00028029 REYNOLDS WATER COMPANY Tariff Water-Pa. P.U.C. No. 3, proposing an annual increase in rates of $153,083, voluntarily postponed to become effective March 7, 2003. RECOMMENDATION that the Commission institute an Investigation of the Tariff and allow the filing to be suspended by operation of law for a period of seven months.


LAW BUREAU


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L-0016* C-20027758 Petition to Reinstate CORECOMM PENNSYLVANIA, INC.’s Certificate of Public Convenience that was cancelled by Default Order entered October 29, 2002 for failure to file its 2000 Annual Report. RECOMMENDATION that the Commission adopt the proposed Order.

L-0018* (PP from 2/20/03)

P-00021981 R-00027862

Petition filed by VERIZON PENNSYLVANIA, INC. seeking a waiver of Commission regulations in connection with its concurrent filing of a proposed tariff for Advanced Credit Management. RECOMMENDATION that the Commission deny the Petition for Waiver of Commission regulations and direct Verizon PA to withdraw the proposed Tariff for Advanced Credit Management.

L-0019* M-00021635F0007

P-00961061F0002 Request of VERIZON PENNSYLVANIA, INC. for five 1,000 Blocks of Telephone Numbers in the 215 or 267 Area Codes. RECOMMENDATION that the five 1,000 blocks of numbers in the 215 or 267 NPA be assigned to Verizon for use by this specific customer. It is also recommended that Neustar Pooling Administrator assign the specific blocks of numbers within three business days so that Verizon can provide numbers to the customer.

L-0021* C-20027739 Petition to Reinstate EZ TALK

COMMUNICATIONS, LLC’s Certificate of Public Convenience that was cancelled by Default Order entered October 29, 2002 for failure to file its 2000 Annual Report RECOMMENDATION that the Commission adopt the proposed Order.


LAW BUREAU


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L-0022*

P-00011902 P-00011903 L-0003____

PROPOSED RULEMAKING RE: AMENDMENT OF 52 PA. CODE §57.45 (ELECTRIC SERVICE: PRESERVATION OF RECORDS) AND 52 PA. CODE §59.45 (GAS SERVICE: PRESERVATION OF RECORDS). RECOMMENDATION that the Commission adopt the proposed Order initiating a Proposed Rulemaking to amend the Commission’s record retention requirements at 52 Pa. Code §§57.45 and 59.45, consistent with the recommendation of the working group.

L-0023* A-110059 In Re: ENRON ENERGY SERVICES, INC.’S

failure to pay its general assessment for 2002-2003. Former legal counsel has advised that the company has filed a Chapter 11 bankruptcy petition and is no longer in business. RECOMMENDATION that the Commission adopt the proposed Tentative Order revoking Enron’s Electric Generation Supplier License, which Order will become final after a 30-day Comment Period following publication in the Pennsylvania Bulletin, absent adverse Comment.


OFFICE OF ADMINISTRATIVE LAW JUDGE


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ALJ-0107* A-00118860 APPLICATION OF JONATHAN EDWARDS, T/D/B/A DAY & NITE CAR SERVICE On March 25, 2002, an application was filed seeking approval for the right to begin to transport as a common carrier, by motor vehicle, persons upon call or demand in Monroe County. A protest was filed on May 30, 2002. A hearing was held on November 27, 2002. COMMISSION REVIEW of ALJ Schnierle’s Initial Decision dismissing the application for failure to prosecute.

ALJ-0108* R-00027552, et al. PA PUC, et al. v. BOROUGH OF SCHUYLKILL

HAVEN – WATER DEPARTMENT On August 29, 2002, the Boro. of Sch. Haven – Water Dept. filed Supplement No. 38 to Tariff Water-Pa. P.U.C. No. 3 to become effective October 31, 2001 containing proposed rates calculated to produce a $548,356 increase in rates. A Public Input Hearing was held. On December 26, 2002, a Joint Petition Settlement was filed. REVIEW of ALJ Smolen’s Recommended Decision approving the Settlement.

ALJ-0109* Z-01158584 PATRICE GARBER v. PG ENERGY, A

DIVISION OF SOUTHERN UNION COMPANY On July 22, 2002, a complaint was filed alleging an inability to pay the amount required by BCS. An answer was filed on August 2, 2002. On October 30, 2002, a hearing was held. COMMISSION REVIEW of ALJ Schnierle’s Initial Decision dismissing the complaint with prejudice.

ALJ-0110* C-20027519 MUNFORD NELSON v. PG ENERGY, A

DIVISION OF SOUTHERN UNION COMPANY On April 22, 2002, a complaint was filed alleging excessive gas bills. An answer was filed on May 14, 2002. A hearing was held on October 1, 2002. COMMISSION REVIEW of ALJ Lovenwirth’s Initial Decision dismissing the complaint.

Page 1 of 1


PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA

MARCH 6, 2003



TSR-0004* I-00000085 Investigation Upon the Commission’s Own Motion

to determine the disposition of the public rail-highway crossing along PITTSBURG AND SHAWMUT RAILROAD, INC., Piney Branch, in the Townships of Rose, Clover, Limestone, Monroe, and Piney and Borough of Brookville in Jefferson and Clarion County. RECOMMENDATION that the Commission adopt the proposed Order directing Limestone Township to post the subject bridge for a twelve (12) ton load limit.

TSM-0064* S. P. 28207 TRISTATE HOUSEHOLD GOODS TARIFF

CONFERENCE, INC. filed for a Fuel Cost Recovery Surcharge in response to escalating fuel costs currently being experienced by approximately 275 Tristate Household Goods Carriers. RECOMMENDATION that the Commission approve the Fuel Cost Recovery Surcharge, consistent with the proposed Order.


OSA-0014 R* A-310395F7000 Joint Petition of VERIZON PA INC. and NUI

TELECOM, INC. For approval of an Interconnection Agreement under Section 252(e) of the Telecommunications Act of 1996. RECOMMENDATION that the Commission reject the Joint Petition, consistent with the proposed Order.

LAW BUREAU

L-0025* A-00079143

A-00079143C0204 HARRISBURG TAXICAB & BAGGAGE CO. RATIFICATION of Emergency Order signed by Vice Chairman Robert K. Bloom, February 26, 2003.

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PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA

SUPPLEMENTAL

MARCH 6, 2003

LAW BUREAU


L-0026* P-00021989 Petition for Reconsideration, Rescission and

Amendment of the Commission’s February 6, 2003 Order, filed February 21, 2003, by the UNITED STATES STEEL COMPANY. RECOMMENDATION that the Commission grant the Petition, pending review of and consideration on the merits.

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