Public Meeting Agenda Region0 Rev5 - PA.Gov · to all commissioners and interested persons prior to...

PENNSYLVANIA PUBLIC UTILITY COMMISSION

PUBLIC MEETING

THURSDAY, NOVEMBER 19, 2015 (RP)

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

Robert F. Powelson John F. Coleman, Jr. Gladys M. Brown Pamela A. Witmer Andrew G. Place

THE TAKING OF PHOTOGRAPHS IS PERMITTED PROVIDED FLASH IS NOT USED.

The Next Public Meeting is Tentatively Scheduled for Thursday, December 3, 2015 at 10:00 A.M.

Minutes of the Meeting of Thursday, October 22, 2015 (AP)

***ANNOUNCEMENTS***

THE NEXT PUBLIC MEETING OF THE PENNSYLVANIA PUBLIC UTILITY

COMMISSION IS SCHEDULED FOR THURSDAY, DECEMBER 3, 2015, 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 HELD AN EXECUTIVE SESSION ON WEDNESDAY,

NOVEMBER 18, 2015, AT 1:00 PM IN THE JR. EXECUTIVE CHAMBERS, THIRD FLOOR,

COMMONWEALTH 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.

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

COPIES OF CHAIRMAN AND COMMISSIONERS'

MOTIONS AND STATEMENTS WILL BE

AVAILABLE FOR PICK-UP

IMMEDIATELY AFTER PUBLIC MEETING

IN JR. EXECUTIVE CHAMBERS

THIRD FLOOR, COMMONWEALTH KEYSTONE BUILDING

1


FINAL AGENDA

November 19, 2015

BUREAU OF AUDITS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2438031-AUD D-2014-2438031 PECO ENERGY COMPANY

- Energy Efficiency and Conservation Program Costs Phase I for the

period 1/1/10 through 5/31/13, and the reconciliation true-up period

of 6/1/13 through 5/31/14. The auditor's report disclosed one

finding and one observation.

RECOMMENDATION:

That the Commission release the Audit Report to the public.

Vote 5-0.

2

OFFICE OF SPECIAL ASSISTANTS


2426789-OSA F-2014-2426789 SANDRA C LAWS VS PHILADELPHIA GAS WORKS

- Formal Complaint filed on 5/16/14, alleging excessive and

unreasonable distribution charges on her bill. On 7/15/14, PGW

filed an Answer to the Complaint. On 7/16/15, the Commission

issued the Initial Decision of ALJ Jones dismissing the Complaint.

PGW filed Exceptions on 8/5/15. No Replies to Exceptions were

filed by the Complainant.

RECOMMENDATION:

That the Commission adopt the proposed Opinion and Order that

grants the Exceptions and modifies the ALJ's Initial Decision

consistent with the Opinion and Order.

2429336-OSA A-2014-2429336 KRIS ECKERL T/D/B/A MICHAELS MOVING AND STORAGE

- Application filed on 6/29/14, for the right to transport as a common

carrier, by motor vehicle, household goods in use, between points in

Pike County. Notice of the application was published in the Pa.

Bulletin on 8/30/14. On 9/10/14, Matheson Transfer Company and

Cadden Brothers Moving and Storage filed protests. A hearing was

held on 12/12/14. By Initial Decision issued 5/21/15, ALJ Vero

denied the application and dismissed it without prejudice. On 6/8/15

and 6/22/15, the Applicant filed a Petition to Reopen the Record.

The Protestants filed an Answer to the Petition on 6/12/15 and a

Motion to Strike the Applicant's 6/22/15 filing.

RECOMMENDATION:

That the Commission adopt the proposed Opinion and Order, which

denies the Motion, grants the Petition, and remands the proceeding

to the Office of Administrative Law Judge.

2438368-OSA C-2014-2438368 JAMES T. COUNSEL III VS PHILADELPHIA GAS WORKS

- Formal Complaint filed on 8/11/14, alleging incorrect charges on

his gas bill and requesting a favorable payment arrangement. On

9/9/14, PGW filed an Answer denying the material allegations of the

Complainant. A hearing was held on 11/10/14. By Initial Decision

issued 6/8/15, ALJ Vero dismissed the Complaint, with prejudice.

On 7/13/15, the Complainant filed Exceptions. Replies to

Exceptions were filed by PGW on 7/13/15.

RECOMMENDATION:


denies the Exceptions and adopts the ALJ's Initial Decision that

dismisses the Complaint, with prejudice.

Vote 5-0.

Vote 5-0.

Vote 5-0.

3

2442308-OSA C-2014-2442308 VINCENT FELDMAN VS PECO ENERGY COMPANY

- Formal Complaint filed on 9/06/14, alleging that PECO was

threatening to terminate his service for refusing to permit the

installation of a new smart meter. On 9/17/14, PECO filed an

Answer and New Matter, and also filed Preliminary Objections

requesting that the Complaint be dismissed for legal insufficiency.

By Order issued 1/20/15, ALJ Jandebeur granted, in part, and

denied, in part, PECO's Preliminary Objections. The ALJ

determined that the hearing in this matter would be limited to

whether PECO responded to the Complainant's request for

information. An evidentiary hearing was held on 3/05/15. By Initial

Decision issued on 4/10/15, ALJ Jandebeur dismissed the

Complaint. On 4/24/15, the Complainant filed Exceptions; on

4/24/15, PECO filed Replies to the Exceptions.

RECOMMENDATION:


denies the Exceptions and adopts the Initial Decision that dismisses

the Complaint.

2459521-OSA A-2014-2459521 NEW VALLEY TRANSPORTATIONS LLC

- Application filed on 12/15/14, for motor common carrier of

persons in limousine service. Notice of the application was

published in the Pa. Bulletin on 2/21/15. Protests were timely filed

by BM Enterprises t/a A.G. Taxi, Germantown Cab Co., and

Rosemont Taxicab Co., Inc. and other protestants. On 3/24/15, the

Applicant filed Preliminary Objections relative to the protests. On

4/3/15, the Taxi Protestants filed Answers to the Preliminary

Objections. By Initial Decisions issued on 6/5/15, ALJ Jones

granted the Preliminary Objections and dismissed the protests of the

Taxi Protestants for lack of standing. The Taxi Protestants filed

Exceptions on 6/12/15. No Replies to Exceptions were filed.

RECOMMENDATION:


denies the Exceptions and adopts the ALJ's Initial Decisions.

Vote 5-0.

Vote 5-0.

4

2469275-OSA R-2015-2469275

C-2015-2475448

C-2015-2478277

C-2015-2480265

C-2015-2485827

C-2015-2484588

C-2015-2485860

C-2015-2489524

C-2015-2501983

P-2015-2474714

PPL ELECTRIC UTILITIES CORPORATION

- Supplement No. 179 to Tariff Electric – Pa. P.U.C. No. 201 filed

on 3/31/15, to become effective on 6/1/15. The filing contained

proposed changes in rates calculated to produce approximately

$167.5 million in additional annual revenues. Also on 3/31/15, PPL

filed a Petition at P-2015-2474714 requesting (1) waiver of the

Distribution System Improvement Charge (DSIC) cap of 5% of

billed revenues; and (2) approval to increase the maximum

allowable DSIC cap from 5% to 7.5% of billed revenue for service

rendered on or after 1/1/16. PPL requested that the DSIC Petition be

consolidated with the rate case. By Order entered 4/23/15, the

Commission suspended Supplement No. 179 until 1/1/16. An

evidentiary hearing was held, and on 9/3/15, a Joint Petition for

Settlement was filed by the parties. On 10/5/15, the Commission

issued the Recommended Decision of ALJ Colwell, which

recommended approval of the settlement without modification. On

10/13/15, the PP&L Industrial Customer Alliance (PPLICA) filed a

Letter in Lieu of Exceptions, seeking a clarification of the

Recommended Decision. PPL filed a Response to the Letter on

10/22/15.

RECOMMENDATION:


denies PPLICA's request and adopts the Recommended Decision.

2485659-OSA C-2015-2485659 THOMAS KIELBASINSKI VS COLUMBIA GAS OF

PENNSYLVANIA INC

- Formal Complaint filed on 6/2/15, alleging that Columbia

threatened to terminate his service, that his bills were not accurate,

and that he wanted another payment arrangement. The matter was

assigned to the OALJ for the issuance of an Initial Decision. On

8/26/15, the Initial Decision of ALJ Dunderdale was issued. The

Initial Decision dismissed the Complaint for the failure of the

Complainant to meet his burden of proof due to the Complainant's

failure to appear and participate at a duly scheduled telephonic

hearing. On 9/4/15, the Complainant filed Exceptions to the Initial

Decision. Replies to Exceptions were filed by Columbia on 9/22/15.

RECOMMENDATION:


denies the Exceptions of the Complainant and adopts the Initial

Decision, modified consistent with the discussion contained in the

Opinion.

Vote 5-0.

Motion by Commissioner Place.Vote 5-0.

http://www.puc.pa.gov//pcdocs/1395616.pdf

5

2488223-OSA A-2015-2488223 BRENT S ANDERSON T/A B A TRUCKING

- Application filed on 4/10/15, for the right to begin to transport, as a

motor common carrier, property, excluding household goods in use,

between points in PA. By a Secretarial Letter issued on 6/19/15, the

Commission approved the application conditioned upon the

Applicant filing permanent proof of insurance within 60 days. By a

Secretarial Letter issued on 9/2/15, the application was dismissed for

failure of B.A. Trucking to comply with the 6/19/15 Secretarial

Letter. On 10/5/15, B.A. Trucking filed a Petition for

Reconsideration of Staff Action in response to the 9/2/15 Secretarial

Letter.

RECOMMENDATION:


grants the petition, rescinds the 9/2/15 Secretarial Letter, and

approves the application.

2503602-OSA A-2015-2503602 NORTH PENN TELEPHONE COMPANY AND BLUE RIDGE

DIGITAL PHONE COMPANY

- Joint Petition filed on 9/14/15, seeking approval of an

Interconnection Agreement pursuant to Section 252(e) of the

Telecommunications Act of 1996. Notice of the Joint Petition was

published in the Pa. Bulletin on 9/26/15. No comments or protests

were received.

RECOMMENDATION:

That the Commission adopt the proposed Opinion and Order which

grants the Joint Petition.

2505794-OSA P-2015-2505794 CORNWALL BOROUGH MUNICIPAL AUTHORITY

- On 4/10/15, the Borough of Cornwall filed the above-captioned

Petition for Declaratory Order at Docket No. P-2015-2476211. On

4/20/15, the OCA filed an Answer to the Petition for Declaratory

Order. On 5/7/15, the Cornwall Borough Municipal Authority filed

an Answer in Opposition. An evidentiary hearing was held on

9/24/15. On 9/25/15, the Authority filed a Petition for Interlocutory

Review and Answer to Material Question concerning ALJ Salapa's

exclusion during the hearing of testimony and exhibits relating to

the Borough's technical, financial, and legal fitness. On 10/5/15, the

Authority filed a Brief in Support of the Petition; the OCA filed a

Brief in Support of the Petition; and the Borough filed a Brief in

Opposition to the Petition.

RECOMMENDATION:

That the Commission adopt the proposed Opinion and Order which

declines to answer the Material Question.

Vote 5-0.

Vote 5-0.

Vote 5-0.

6

2506016-OSA A-2015-2506016 MAHANOY AND MAHANTANGO TELEPHONE COMPANY

AND SUGAR VALLEY TELEPHONE COMPANY AND

CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS



Telecommunications Act of 1996. Notice of the Joint Petition was

published in the Pa. Bulletin on 10/17/15. No comments were

received.

RECOMMENDATION:


grants the Joint Petition.

Vote 5-0.

7

BUREAU OF TECHNICAL UTILITY SERVICES


2471637-TUS A-2015-2471637 TELCO PROS INC D/B/A TPI EFFICIENCY

- Application filed on 3/13/15, for approval to offer, render, furnish,

or supply natural gas supply services as a broker/marketer to

residential, small commercial, large commercial, industrial and

governmental customers within PA. Telco Pros failed to respond to

Commission staff data requests concerning missing information.

RECOMMENDATION:

That the Commission adopt the proposed Order which denies the

application.

2490383-TUS M-2015-2490383 ELECTRIC GENERATION SUPPLIER (EGS) LICENSE

CANCELLATION

- EGS license cancellations of companies with an expired financial

security.

RECOMMENDATION:

That the Commission adopt the proposed Tentative Order.

2496602-TUS A-2015-2496602 UGI CENTRAL PENN GAS INC

- Application filed on 8/6/15, for approval to offer, render, furnish or

supply natural gas utility service to the public in the additional

territories of Letterkenny and Hamilton Townships, Franklin

County, PA.

RECOMMENDATION:

That the Commission adopt the proposed Order which approves the

application.

2499119-TUS A-2015-2499119 ENERGY DEALS LLC

- Application filed on 7/20/15, for approval to offer, render, furnish,

or supply natural gas services as a broker/marketer to residential,

small commercial, large commercial, industrial or governmental

customers in the natural gas distribution company service territories

of Valley Energy, UGI Utilities, UGI Central Penn Gas, UGI Penn

Natural Gas, PECO Energy, PGW, NFGD Corp., Peoples Natural

Gas, Peoples Natural Gas - Equitable Division, Peoples TWP, and

Columbia Gas, within PA.

RECOMMENDATION:


application.

Vote 5-0.

Vote 5-0.

Vote 5-0.

Vote 5-0.

8

2505423-TUS R-2015-2505423 WELLSBORO ELECTRIC COMPANY

- Request for Approval of Supplement No. 96 to Tariff Electric-Pa.

P.U.C. No. 8 filed on 9/28/15.

The filing proposes to modify Wellsboro's Service Schedule to No.

6, Municipal Street Lighting, and Service Schedule No. 7, Private

Outdoor Lighting Service, to limit generation service under both

Rate Schedules to default service supply.

RECOMMENDATION:

That the Commission deny the proposed tariff supplement.

2505856-TUS R-2015-2505856 CITIZENS' ELECTRIC COMPANY OF LEWISBURG

- Supplement No. 104 to Tariff Electric – Pa. P.U.C. No. 14 filed on

9/30/15, proposing to modify its service under the Cogeneration &

Small Power Production Qualifying Facility Service and under

Rider B – Net Metering. Citizens' proposes changes to its

Cogeneration & Small Power Production Qualifying Facility Service

that were overlooked in its 2010 rate case and to confirm that Rider

B – Net Metering is available to renewable customer-generators

served under Rate Schedule GLP-3. Supplement No. 104 was filed

to become effective on 11/29/15.

RECOMMENDATION:

That the Commission adopt the proposed Order approving the tariff

supplement.

2505964-TUS S-2015-2505964 PECO ENERGY COMPANY

- On 9/30/15, PECO Energy filed for registration of a securities

certificate to issue up to $2.5 billion principal amount of first and

refunding mortgage bonds. PECO voluntarily extended the

consideration period to 11/20/15.

RECOMMENDATION:

That the Commission register the securities certificate consistent

with the proposed Order.



certificate to issue up to $2.5 billion principal amount of debt

collateralized by PECO's first mortgage bonds. PECO voluntarily

extended the consideration period to 11/20/15.

RECOMMENDATION:



Vote 5-0.

Vote 5-0.

Vote 5-0.

Vote 5-0.

9



certificate to issue up to $2.5 billion principal amount of senior

unsecured debt. PECO voluntarily extended the consideration

period to 11/20/15.

RECOMMENDATION:





certificate to issue up to $2.5 billion principal amount of

subordinated unsecured debt. PECO voluntarily extended the

consideration period to 11/20/15.

RECOMMENDATION:



2506725-TUS A-2015-2506725 WEST PENN POWER COMPANY

- Letter of Notification filed on 9/30/15, for approval of the

approximately 0.25 miles 138 kV transmission line tap to the

Columbia Pipeline Group Big Pine Compressor Station in Gilpin

Township, Armstrong County, PA. No protests were filed and no

hearings were held.

RECOMMENDATION:


application.

Vote 5-0.

Vote 5-0.

Vote 5-0.

10

LAW BUREAU


2464294-LAW M-2015-2464294

M-00011468

PERFORMANCE METRICS AND REMEDIES

- On 11/5/15, Verizon PA filed a Petition for Reconsideration

relative to the Commission Order entered on 10/22/15, at M-2015-

2464294 and M-0001468. Pursuant to Pa. R.A.P. Rule 1701, the

Commission must act to grant a petition for reconsideration within

30 days of the date of entry of the order for which reconsideration is

sought or otherwise lose jurisdiction to do so if a petition for review

is timely filed. The Commission must act upon this Petition by

11/21/15, in order to preserve jurisdiction.

RECOMMENDATION:

That the Commission adopt the proposed Order.

2497851-LAW P-2015-2497851 PPL ELECTRIC UTILITIES CORPORATION

- Petition filed on 8/13/15, pursuant to 52 Pa. Code §§ 5.43 and

57.72(e), seeking a waiver of certain provisions of the Commission's

regulations governing the review and approval of the siting and

reconstruction of high voltage (HV) electric transmission lines set

forth at 52 Pa. Code 57.71 et seq. The specific purpose of the relief

requested is to obtain a waiver of the strict application of 52 Pa.

Code §§ 57.72 (d)(1)(iii) and (vi) in order to file a letter of

notification for the construction of new HV transmission lines to

connect a proposed power plant to the electric grid. No answers or

responses to the petition were filed or assertion there was a

substantial alteration to any of the rights-of-way.

RECOMMENDATION:

That the Commission adopts the proposed Order.

2500632-LAW L-2015-2500632 RULEMAKING RE ELECTRIC SAFETY REGULATIONS

- Proposed rulemaking order to amend and add electric safety

regulations to Chapter 57 in Title 52 of the Pa. Code. The proposed

rulemaking order seeks comments from all interested parties on the

proposed regulations.

RECOMMENDATION:


Vote 5-0.

Vote 5-0.

Vote 5-0.

1 of 2


Carry-In Agenda

November 19, 2015

OFFICE OF SPECIAL ASSISTANTS


2507966-OSA A-2015-2507966 LACKAWAXEN TELECOMMUNICATIONS SERVICES

INC AND BLUE RIDGE DIGITAL PHONE COMPANY



Telecommunications Act of 1996. Notice of the Joint Petition

was published in the Pa. Bulletin on 10/24/15. No comments

or protests were received.

RECOMMENDATION:

That the Commission adopt the proposed Opinion and Order

which grants the Joint Petition.

BUREAU OF TECHNICAL UTILITY SERVICES


2496895-TUS R-2015-2496895 METROPOLITAN EDISON COMPANY

- Supplement No. 7 to Tariff Electric Pa. P.U.C. No. 52 filed on

8/7/15, for approval to correct minor edits and make

clarifications to certain of the General Rules and Regulations,

Rate Schedules and Riders in Tariff No. 52.

RECOMMENDATION:

That the Commission adopt the proposed Order approving the

tariff supplement.

2496897-TUS R-2015-2496897 PENNSYLVANIA ELECTRIC COMPANY

- Supplement No. 7 to Tariff Electric Pa P.U.C. No. 81 filed on

8/7/15, to become effective on 10/6/15. Subsequently the

company voluntarily suspended the effective date until

11/20/15. The purpose of the Penelec Supplement is to correct

minor edits and make clarifications to certain of the General

Rules and Regulations, Rate Schedules and Riders to Tariff No.

81.

RECOMMENDATION:


tariff supplement.

Vote 5-0.

Vote 5-0.

Vote 5-0.

2 of 2

2496898-TUS R-2015-2496898 PENNSYLVANIA POWER COMPANY


8/7/15, to become effective on 10/6/15. The purpose of the

Penn Power Supplement is to correct minor edits and make

clarifications to certain of the General Rules and Regulations,

Rate Schedules and Riders in Tariff No. 36.

RECOMMENDATION:


tariff supplement.

2496900-TUS R-2015-2496900 WEST PENN POWER COMPANY


8/7/15, to become effective on 10/6/15. Subsequently the

company voluntarily suspended the effective date until

11/20/15. The purpose of the West Penn Power Supplement is

to correct minor edits and make clarifications to certain of the

General Rules and Regulations, Rate Schedules and Riders in

Tariff No. 40.

RECOMMENDATION:


tariff supplement.

LAW BUREAU


2457138-LAW P-2014-2457138 JOHNSTOWN REGIONAL ENERGY LLC

- On 11/20/14, Johnstown Regional Energy, LLC (JRE)

petitioned the Commission for waiver to allow the continued

use of Fiberspar composite piping in Cambria and Somerset

Counties to transport LFG to the existing interconnect with

Peoples and EQT pipeline systems. On 10/22/15, JRE

petitioned for Amendment of the Commission's 12/18/14 Order

that granted a State Waiver. In its Order, the Commission

grants the requested amendment that addresses the conditions

and limitations proffered by the Office of Pipeline Safety, U.S.

Department of Transportation, Pipeline and Hazardous

Materials Safety Administration in its 3/20/15 Letter. The

Commission denies the petitioner's request to have the matter

decided by notational voting.

RECOMMENDATION:


Vote 5-0.

Vote 5-0.

Vote 5-0.

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