pennsylvania public utility commission …paratransit service. recommendation that the commission...

PENNSYLVANIA PUBLIC UTILITY COMMISSION ________________

PUBLIC MEETING

________________

MARCH 23, 2005 (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 N-201, Second Floor, this Building. The Commissioners seated on the bench are: COMMISSIONER VICE CHAIRMAN CHAIRMAN COMMISSIONER COMMISSIONER Vacancy Robert K. Bloom Wendell F. Holland Kim Pizzingrilli Vacancy THE TAKING OF PHOTOGRAPHS IS PERMITTED PROVIDED FLASH IS NOT USED. The Next Public Meeting is Tentatively Scheduled for Thursday, April 7, 2005 at 10:00 a.m.

Minutes of the Meeting of February 3, 2005 (RB)

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 7, 2005, 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 THURSDAY, MARCH 17, 2005, AT 10:00 A.M., IN THE JR. EXECUTIVE CHAMBERS, 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.

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

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-0004* A-00114604, F.1, Am-A

Application of TIMESAVER TAXI, INC., Barrett Township, Monroe County, for the right to transport, as a common carrier, by motor vehicle, persons upon call or demand. RECOMMENDATION that the Commission adopt the proposed tentative order approving the application as amended and modified.

TSM-0012* A-00120666 Application of TWINS MOVING AND STORAGE

CO., INC., Brooklyn, New York, 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-0017* A-00120994 Application of FRONT PORCH ENTERPRISES,

LLC, t/d/b/a MAGICAL LIMOUSINE, Butler, Butler County, to transport as a common carrier, by motor vehicle, persons in group and party service, using vehicles with a seating capacity of 11 to 15 passengers, including the driver. RECOMMENDATION that the Commission adopt the proposed order approving the application as modified.

TSM-0024* A-00120846 Application of HESHAM A. MEKLED, Harrisburg,

Dauphin 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.




3

TSM-0032* A-00121027 Application of MANUEL CARDONA AND JULIO MORALES, COPARTNERS, t/d/b/a PENN CENTRAL TAXI, Harrisburg, Dauphin county, for the approval of the transfer to applicant of the common carrier call or demand right held by Albit Garcia, t/d/b/a Penn Central Taxi at A-00118453. 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-0033* A-00120698 Application of ABSOLUTE HEALTH SYSTEMS,

LLC, Huntingdon Valley, Montgomery 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 and further modified.

TSM-0039* A-00088477, F.4,

Am-C Application of LEHIGH VALLEY TAXICAB COMPANY, Bethlehem, Northampton County, for the additional right, to begin to transport, as a common carrier by motor vehicle, persons, in airport transfer service. RECOMMENDATION that the Commission adopt the proposed order approving the application for amendment to the applicant’s authority.

TSM-0041* A-00110791, F.2 Application of J. J. SERAFIN, INC., t/a AAAA

LIMO & AAAA TRANSPORT, for the additional 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.




4

TSM-0042* A-00120841 Application of BELLEFONTE EMERGENCY MEDICAL SERVICES, Bellefonte, Centre 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-0043* A-00115326, F. 3 Application of GALIL MOVING & STORAGE,

INC., Bayonne, NJ, a corporation of the State of Delaware, for the right to begin to transport aw a contract carrier. RECOMMENDATION that the Commission approve the application consistent with the proposed order.

TSM-0046* A-00121230 Application of MEDALLION

TRANSPORTATION, LTD., t/d/b/a PREMIER TRANSPORTATION SERVICE, Collegeville, Montgomery County, for the approval of the transfer to applicant of all of the common carrier limousine rights held by Premier Transportation Service, Inc. at A-00118694. 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-0047* A-00121024, F.2 Application of AMANDA LIMOUSINE, INC., city

and county of Philadelphia, for the approval of the transfer to applicant of all of the common carrier statewide limousine right held by Prince Limousine, Inc. at A-00115801. 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.




5

TSM-0049* A-00119867, F.1, Am-A

Application of JOHN C. TAYLOR AND IDA TAYLOR, COPARTNERS, t/d/b/a TOP NOTCH VAN SERVICES, city and county of Philadelphia, for amendment to their common carrier certificate which grant the right to transport, as a common carrier by motor vehicle, persons in paratransit service; SO AS TO PERMIT the transportation of persons in paratransit service, for the Philadelphia Prison System, between points in Pennsylvania. RECOMMENDATION that the Commission adopt the proposed order denying the application.

TSM-0054* A-00121261 Application of LIMOUSINE SERVICE BY

CONWAY, INC., Factoryville, Lackawanna 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-0056* A-00100359, F.2,

Am-D Application of BAKER’S TRANSPORTATION SERVICE, INC., Oil City, Venango County, for amendment to its common carrier certificate, which grants the right to transport by motor vehicle, persons, upon call or demand in the city of Franklin, Venango County; SO AS TO PERMIT the transportation of persons upon call or demand in the Township of Cranberry, Venango County. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0062* A-00113342C0401

ET AL EIGHTEEN Commission Orders adjudicating BUREAU OF TRANSPORTATION AND SAFETY instituted complaints alleging failure to pay an outstanding assessment. RECOMMENDATION that the Commission adopt the orders directing that the complaints be sustained, and that the certificates be cancelled; and, in some cases, that respondent be fined $100 or $250.




6

TSM-0064* A-00105768 R-00050419

GARDEN SPOT EQUIPMENT AUCTION, INC. t/a LANDIS LUXURY COACHES, Lancaster County. Increase in Rates. RECOMMENDATION that Airport Transfer Pa. PUC No. 7 be approved to become effective March 28, 2005.

TSM-0068* A-00115810, F.1,

Am-A Application of NEIL E. HAYLETT, t/d/b/a HAYLETT STORAGE & SERVICES, Franklin, Venango County, for the discontinuance of service and cancellation of his certificate, as a common carrier, by motor vehicle, at A-00115810, authorizing the transportation of household goods in use. RECOMMENDATION that the Commission adopt the proposed order approving the application canceling the certificate.

TSM-0070* A-00121273 Application of JOHN G. CHISHOLM, t/d/b/a

CHISHOLM & MILLER LIMOUSINE SERVICE, Harrisburg, Dauphin 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-0072* A-00120314 Application of FIREMAN’S AMBULANCE

CORPS OF UNIONTOWN, PA., t/d/b/a UNIONTOWN FIREMAN’S AMBULANCE CORPS., Uniontown, Fayette County, for the right to begin to transport, as a common carrier, by motor vehicles, persons, in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application, as amended and further modified.

TSM-0073* A-00120848 Application of RANDOLPH NUNEZ, Harrisburg,

Dauphin 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 dismissing the application for lack of prosecution.




7

TSM-0074* A-00121139 Application of WALTER R. LONG, Ephrata, 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, as amended.

TSM-0085* A-00116842C0401 KNJ LIMO SERVICES, INC., Philadelphia

County, the Bureau of Transportation and Safety instituted a complaint against respondent alleging that it abandoned or discontinued service without having submitted an application to discontinue service. RECOMMENDATION that the Commission adopt the order directing that the complaint be sustained, that the certificate be canceled; and that respondent be fined $250.00.

TSM-0091* A-00114599 HAZLE YELLOW CAB COMPANY, INC.,

Hazelton, Luzerne County. Increase in Rates. RECOMMENDATION that the Commission deny Tariff Call or Demand Pa. PUC No.3.

TSM-0094* A-00121006 LAN TRANS CO., INC., Philadelphia County.

Petition for Waiver of 52 Pa. Code §3.381(e). RECOMMENDATION that the Commission approve the petition.

TSM-0095* A-00120360 PARKWAY TRANSPORTATION, INC.,

Philadelphia County. Petition for Waiver of 52 Pa. Code §3.381(e). RECOMMENDATION that the Commission approve the petition.

TSM-0096* A-00120932 YANNIS CAB CO., Philadelphia County. Petition

for Waiver of 52 Pa. Code §3.381(e). RECOMMENDATION that the Commission approve the petition.




8

TSM-0097* A-00121400 BEST SERVICE CAB CO., Philadelphia County. Petition for Waiver of 52 Pa. Code §3.381(e). RECOMMENDATION that the Commission deny the petition.

TSR-0006* A-00121067 Application of the DEPARTMENT OF

TRANSPORTATION for the approval to alter the crossing where S.R. 2122, Section A03 (31st Street Bridge) crosses over and above the tracks of Allegheny Valley Railroad Company, CSX Transportation, Inc., Norfolk Southern Railway Company, and Pittsburgh, Lisbon and Western Railroad, Inc. in the City of Pittsburgh, Allegheny County; and the allocation of costs incident thereto. RECOMMENDATION that the Commission adopt an Order which approves the application, consistent with the proposed order.

TSR-0007* A-00120931 Application of the PENNSYLVANIA TURNPIKE

COMMISSION for approval of the construction of a crossing, above grade, at a point where the Pennsylvania Turnpike Commission (Interstate 276) crosses over the right-of-way of Penn Eastern Rail Lines, Inc. in Upper Merion Township, Montgomery County, Pennsylvania. RECOMMENDATION that the Commission adopt an order that approves the application, consistent with the proposed order.


BUREAU OF AUDITS


9

AUD-0011 R-00049313 WELLSBORO ELECTRIC COMPANY Interim Adjustment To The Generation Supply Service Rate. RECOMMENDATION that the Commission authorize the application of the Generation Supply Service Rate of 5.6257 cents per KWH to become effective concurrent with the effective date of Wellsboro’s new distribution rates docketed at R-00049313.

AUD-0012 M-FACE0501 PIKE COUNTY LIGHT & POWER COMPANY

System Benefit Charge Effective April 1, 2005. RECOMMENDATION that the Commission authorize the application of the System Benefit Charge rate of a credit of $0.000182 per KWH effective with service rendered on and after April 1, 2005.


OFFICE OF SPECIAL ASSISTANTS


10

OSA-0080 R* C-20039803 JOSEPH W. and HELENE R. FIELDS v. PPL ELECTRIC UTILITIES CORPORATION (rate dispute) On March 24, 2003, a formal Complaint was filed against PPL alleging that Complainants were charged improper rates. On May 1, 2003, PPL filed an Answer to the Complaint. The Complainants filed Exceptions on May 28, 2004 to the Initial Decision of ALJ Debra Paist, issued on May 10, 2004, dismissing in part the issue of reasonableness and justness of the rate. PPL filed Reply Exceptions on June 25, 2004. RECOMMENDATION that the Commission adopt the proposed Draft Opinion and Order denying the Complainant’s Exceptions and adopting the ALJ’s Initial Decision.

OSA-0086* A-130375F5000 Application for Authority to Transfer Control of

TRIGEN-PHILADELPHIA ENERGY CORPORATION by the Sale of All of its Stock, Currently Owned by TRIGEN ENERGY CORPORATION to THERMAL NORTH AMERICA, INC. (transfer of stock) On June 11, 2004, an Application was filed by Applicants with the Commission seeking authority to transfer control of TPEC by sale of all of its stock, currently owned by Trigen, to TNAI; and expedited consideration of the Application. On July 12, 2004, the Trustees of the University of Pennsylvania filed a Protest to the Application. By Initial Decision issued December 16, 2004, ALJ Chestnut granted the Application. The Applicants and Penn filed Exceptions on December 23, 2004. Both Parties filed Reply Exceptions on December 30, 2004. RECOMMENDATION that the Commission deny Penn’s Exceptions; and grant in part, and deny in part, the Applicants’ Exceptions.




11

OSA-0088* A-00118448C0401 PENNSYLVANIA PUBLIC UTILITY COMMISSION, BUREAU OF TRANSPORTATION and SAFETY v. ALEXA LIMO, INC. (revocation of certificate) An Initial Decision issued on December 14, 2004, by ALJ Weismandel, recommended revocation of Respondent’s Certificate of Public Convenience for failure to pay a previously-imposed fine. Respondent filed Exceptions on December 17, 2004. On February 14, 2005, Complainant BTS filed a Petition for Leave to File Reply Exceptions out of time and Reply Exceptions. RECOMMENDATION that the Commission adopt the draft Opinion and Order, which denies the Exceptions and adopts the Initial Decision.

OSA-0089* (PP from 3/3/05)

C-20031315 WILLIAM C. SCHWARTZ v. PA AMERICAN WATER CO. (billing dispute) A Formal Complaint was filed against PAWC by Complainant alleging that PAWC provided inadequate and unreasonable service in failing to bill him for water service at one of two accounts in his name. Exceptions to ALJ Corbett’s September 17, 2004 Initial Decision in which he sustained the Formal Complaint in substantial part. Exceptions were filed by PAWC on October 7, 2004. Replies filed by Complainant and Motion to Strike certain portions of the Exceptions filed by PAWC. Complainant filed Reply to Motion to Strike on November 1, 2004. RECOMMENDATION that the Commission adopt the Initial Decision with modifications, consistent with the proposed Opinion and Order.




12

OSA-0090* F-01360958 ROBERT A. SLOWIK v. PECO ENERGY COMPANY (billing dispute) On February 5, 2004, a formal Complaint was filed against PECO alleging that Complainant’s billing is incorrect due to a faulty meter. On March 1, 2004, PECO filed an Answer to the Complaint. The Complainant filed Exceptions on October 8, 2004 to the Initial Decision of ALJ Herbert Smolen issued on September 22, 2004, recommending the Complaint be dismissed. PECO filed Reply Exceptions on October 22, 2004. RECOMMENDATION that the Commission adopt the proposed Draft Opinion and Order adopting the ALJ’s Initial Decision.

OSA-0093* A-310183F7002 Joint Application for approval of a Master

Interconnection Agreement between UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a SPRINT and SPRINT COMMUNICATIONS COMPANY, L.P. filed on December 30, 2004. No comments have been received. RECOMMENDATION that the Commission adopt the proposed Draft Opinion and Order granting the Joint Application approving the Agreement, consistent with the Opinion and Order.

OSA-0094 R* C-20042450 DENISE ROBINSON v. PECO ENERGY

COMPANY (payment dispute) On February 12, 2004 a formal Complaint was filed against PECO regarding Complainant’s payment of her electric bills. On February 25, 2004, PECO filed an Answer to the Complaint. On October 12, 2004, Special Agent Amanda N. Rumsey issued an Initial Decision recommending the Complaint be dismissed. The Complainant filed Exceptions. PECO did not file Reply Exceptions. RECOMMENDATION that the Commission deny the Complainant’s Exceptions and adopt the proposed Opinion and Order modifying the Special Agent’s Initial Decision.




13

OSA-0096* A-310633F7000 Joint Petition of VERIZON PENNSYLVANIA INC. and LEVEL 3 COMMUNICATIONS, LLC, filed January 14, 2005, seeking approval of Amendment No. 3 to an existing Interconnection Agreement. No comments have been received. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.

OSA-0097* A-310489F7007 Joint Petition of FRONTIER COMMUNICATIONS

OF PA, LLC and VERIZON WIRELESS, filed February 3, 2005, seeking approval of a CMRS Agreement for interconnection and traffic interchange. No comments have been received. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.


of BREEZEWOOD, LLC and VERIZON WIRELESS, filed February 3, 2005, seeking approval of a CMRS Agreement for interconnection and traffic interchange. No comments have been received. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.


of CANTON, LLC and VERIZON WIRELESS, filed February 3, 2005, seeking approval of a CMRS Agreement for interconnection and traffic interchange. No comments have been received. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.




14

OSA-0100* A-310489F7020 Joint Petition of FRONTIER COMMUNICATIONS OF OSWAYO RIVER, LLC and VERIZON WIRELESS, filed February 3, 2005, seeking approval of a CMRS Agreement for interconnection and traffic interchange. No comments have been received. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.


OF LAKEWOOD, LLC and VERIZON WIRELESS, filed February 3, 2005, seeking approval of a CMRS Agreement for interconnection and traffic interchange. No comments have been received. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.

OSA-0104* C-20030472 ROBERT and LAURA WAX v. PPL UTILITIES

CORPORATION (billing dispute) On June 13, 2003, a Formal Complaint was filed against PPL alleging that PPL estimated Complainants’ electric bills during a three-month period and that their bill was inaccurate. On July 14, 2004, PPL filed an Answer to the Complaint. Briefs and Reply Briefs were filed. On November 4, 2004, ALJ Charles E. Rainey, Jr., issued an Initial Decision recommending the Complaint be sustained relative to the allegation of PPL issuing consecutive estimated bills and otherwise dismissed, and that PPL be directed to cease and desist from further violations. On November 23, 2004, the Complainants filed Exceptions. On November 30, 2004, PPL filed Reply Exceptions. RECOMMENDATION that the Commission adopt the draft Opinion and Order which denies the Complainants’ Exceptions and adopts the ALJ’s Initial Decision.




15

OSA-0106* A-00099165 A-00099165C0401

PENNSYLVANIA PUBLIC UTILITY COMMISSION, BUREAU of TRANSPORTATION and SAFETY v. JAMES D. CADDEN t/a CADDEN’S MOVING & STORAGE On January 28, 2004, BTS instituted a Complaint against the Petitioner, alleging a violation due to the Petitioner’s failure to pay an outstanding penalty. The Petitioner did not file an Answer. By Secretarial Letter issued April 30, 2004, BTS’ Complaint was sustained, and the Petitioner’s Certificate of Public Convenience was revoked. On January 26, 2005, the Petitioner filed for reinstatement. BTS did not file an Answer to the Petition. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order granting the Petition for Reinstatement.

OSA-0109 R* R-00049255, et al. On January 5 and 6, 2005 PP&L INDUSTRIAL

CUSTOMER ALLIANCE, OFFICE OF TRIAL STAFF and CITIZENS for PENNSYLVANIA’S FUTURE filed Petitions for Reconsideration of the Commission’s December 22, 2004 Opinion and Order, which approved, as modified, rate relief for PPL Electric Utility, Inc. Answers to the Petitions have been filed by PPL, the OCA, PPLICA and the OTS. RECOMMENDATION that the Commission adopt the proposed Opinion and Order which denies each of the Petitions on their merits.


BUREAU OF FIXED UTILITY SERVICES


16

FUS-0856* A-212955F0014 Application filed September 16, 2004, by SUPERIOR WATER COMPANY, INC. for approval to begin to offer, render, furnish, or supply water service to the public in an additional portion of Upper Pottsgrove Township, Montgomery County, PA. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1012* A-125121

A-125056F2000 Petition filed June 24, 2003, by SEMPRA ENERGY SOLUTIONS/SEMPRA ENERGY SALES, LLC to transfer a Natural Gas Supplier License and License Application/Abandonment of a Natural Gas Supplier License. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1314* S-00051037

S-00051038 A-310921F0005 A-310828F0004

Joint Application filed January 13, 2005, by CONVERSENT COMMUNICATIONS OF PENNSYLVANIA, LLC and FIBERNET TELECOMMUNICATIONS OF PENNSYLVANIA, LLC for approval of a change of control as a result of a combination of their current parents, together with Securities Certificates of each utility for their guaranties of two credit facilities of the parents. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1316* A-311085F0003 Application filed January 3, 2005, by NEW

ACCESS COMMUNICATIONS, LLC for approval of the transfer of ownership of New Access from Jasper Holdings, LLC to North Central Equity, LLC. RECOMMENDATION that the Commission adopt the proposed Order.




17

FUS-1317* A-311353 Application filed January 14, 2005, by PHONE 1, INC. for approval to offer, render, furnish or supply telecommunications services as a reseller of Interexchange Toll Services. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1323* S-00051045 Securities Certificate filed February 22, 2005, by

WELLSBORO ELECTRIC COMPANY for the issuance of long term debt in an amount not to exceed $1 million. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1327* S-00041030 Securities Certificate filed November 30, 2004, by

SUPERIOR WATER COMPANY, INC. for a $2,000,000 loan and $500,000 line of credit from Firstrust Bank. RECOMMENDATION that the Commission adopt the proposed Order.


LAW BUREAU


18

L-0020 R* M-00041857

PUC FILING AND REPORTING REQUIREMENTS on LOCAL EXCHANGE CARRIERS. RECOMMENDATION that the Commission adopt the proposed Tentative Implementation Order that recommends elimination, modification and/or waiver of certain reporting requirements pending revision of applicable Commission regulations and that the Order be published in the Pennsylvania Bulletin for Comments.

L-0022* (PP from 3/3/05)

P-00930715F0002 P-00930715

VERIZON PENNSYLVANIA INC. Petition and Plan for Alternative Form of Regulation Under Chapter 30; 2000 Biennial Update to Network Modernization Plan. RECOMMENDATION that the Commission adopt the proposed Tentative Order that provides a 20-day Comment period on the Commission’s decision to have VERIZON pay for the audit pursuant to Sections 331(a) and 516. The Order is to be published in the Pennsylvania Bulletin, to become final after the Comment period, absent adverse Comment.

L-0029* L-00050170 PROPOSED RULEMAKING for REVISION of

CHAPTER 63 of TITLE 52 of the Pennsylvania Code Pertaining to REGULATION of INTEREXCHANGE TELECOMMUNICATIONS CARRIERS and SERVICE. RECOMMENDATION that the Commission approve the proposed Rulemaking Order, to be published in the Pennsylvania Bulletin.

L-0031* M-00021635F0023 Request of VERIZON PENNSYLVANIA, INC. for

One Block of 1,000 Telephone Numbers in the 814 Area Code. RECOMMENDATION that the 1K block in the 814 NPA be assigned to VERIZON for use by the specific customer in the Oil City rate center, and that NEUSTAR POOLING ADMINISTRATION assign the 1K block within three business days of receipt of Verizon’s request.


LAW BUREAU


19

L-0034* G-00000826 Petition of PPL ELECTRIC UTILITIES CORPORATION and PPL TELCOM LLC for a Protective Order for the Wireless Right of Use Agreement. RECOMMENDATION that the Commission grant the Petition, consistent with the proposed Order.

L-0035* M-00021635F0022,

P-00961027 Request of VERIZON PENNSYLVANIA INC. for Five Blocks of 1,000 Telephone Numbers in the 215 Area Code for the Hatboro Rate Center. RECOMMENDATION that the five blocks of 1,000 telephone numbers in the 215 NPA be assigned to VERIZON for use by this specific customer.

L-0037* M-00051868 FINAL TRANSFER AGREEMENT Pursuant to

ACT 94 OF 2004. RECOMMENDATION that the Commission adopt the proposed Order and that Notice of Entry Into the Agreement be published in the Pennsylvania Bulletin.

L-0038 R* P-00052149 Petition for DECLARATORY ORDER Regarding

the Ownership of ALTERNATIVE ENERGY CREDITS and any ENVIRONMENTAL ATTRIBUTES Associated with NON-UTILITY GENERATION FACILITIES Under Contract to PENNSYLVANIA ELECTRIC COMPANY and METROPOLITAN EDISON COMPANY. RECOMMENDATION that the Commission assign the case to the OALJ consistent with the proposed Order; and that the Order be published in the Pennsylvania Bulletin.

L-0039* P-00052156 NORTH EAST HEAT & LIGHT CO.

Request for Inclusion as a Natural Gas Distribution Utility Pursuant to 66 Pa. C. S. §1403. RECOMMENDATION that the Letter-Petition be granted, consistent with the proposed Order.


OFFICE OF ADMINISTRATIVE LAW JUDGE


20

ALJ-0030* A-00113875C0402 A-00113875C0404

PA PUC BTS v. CAPITAL CITY CAB SERVICE, INC. Two separate complaints were filed alleging Respondent denied service, failed to render safe and adequate transportation service and operating a taxicab without proper insurance. Respondent filed answers to the complaints. A hearing was held on November 23, 2004. COMMISSION REVIEW of ALJ Jones’ Initial Decision denying A-00113875C0404 regarding safe and reasonable transportation of services and sustaining A-00113875C0402 regarding denial of services. The complaint alleging failure to maintain insurance was withdrawn by BTS.

ALJ-0032* Z-01602335 JOSEPHINE E. GARVER v. NATIONAL FUEL

GAS DISTRIBUTION CORPORATION On March 24, 2004, a complaint was filed. On April 19, 2004, an answer was filed. A hearing was held on August 26, 2004. COMMISSION REVIEW of ALJ Nemec’s Initial Decision sustaining the complaint, in part.

ALJ-0033* Z-01512168 LISA BROWN v. PECO ENERGY COMPANY

On March 31, 2004, a complaint was filed. On April 28, 2004, an answer was filed. A hearing was held on December 9, 2004. COMMISSION REVIEW of S. A. Rumsey’s Initial Decision denying the complaint.

ALJ-0034* R-00049559

R-00049559C0001 PA PUC v. PHILIP M. BUSS WATER COMPANYOn June 22, 2004, Philip M. Buss Water Company, Inc. filed Supplement No. 3 to Tariff Water-Pa. P.U.C. No. 1 proposing an annual increase in rates to become effective September 1, 2004, and voluntarily postponed to October 1, 2004. A hearing was held on November 12, 2004. On January 7, 2005, a Joint Petition for Settlement was presented. REVIEW of ALJ Jones’ Recommended Decision approving the Settlement.


OFFICE OF ADMINISTRATIVE LAW JUDGE


21

ALJ-0035* R-00049656, et al. R-00049757

PA PUC, ET AL. v. NATIONAL FUEL GAS DISTRIBUTION CORPORATION Supplement No. 44 to Tariff Gas-Pa. P.U.C. No. 9, at Docket No. R-00049656, proposing a general rate increase to become effective November 14, 2004, was suspended until June 14, 2005, and the investigation assigned to the OALJ. Supplement No. 43 to Tariff Gas-Pa. P.U.C. No. 9, at Docket No. R-00049757, proposing changes to its Low Income Residential Assistance program to become effective November 1, 2004, was suspended until May 1, 2005. On February 15, 2005, a Stipulation in Settlement was filed. REVIEW of ALJ Meehan’s Recommended Decision approving the Settlement.

ALJ-0036* R-00049313, et al. PA PUC, ET AL. v. WELLSBORO ELECTRIC

COMPANY On July 30, 2004, Wellsboro filed its Supplement 18 requesting a base rate increase. Complaints were filed. By Order entered September 10, 2004, this Commission suspended the effective date and instituted an investigation. A hearing was held on January 19, 2005. A Joint Petition for Settlement was filed on March 1, 2005. REVIEW of ALJ Nemec’s Recommended Decision approving the Settlement.

1


PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA

MARCH 23, 2005



OSA-0108* R-00049524

R-00049525 PA PUC v. VERIZON PA INC. – Revisions Regarding Four-Line Carve Out. PA PUC v. VERIZON PA INC. – Revisions Regarding Switching Transport and Platform for High Capacity Loops. RECOMMENDATION that the Commission adopt the proposed Opinion and Order addressing the issues involved.

OSA-0114 R* R-00049783 COLUMBIA GAS OF PA, INC.

Petition filed March 9, 2005 requesting that the effective date of Tariff Supplement No. 60 be extended until November 4, 2005. RECOMMENDATION that the Commission grant the Petition, consistent with the proposed Order.


FUS-0421* R-00050319 VERIZON PENNSYLVANIA INC.

Implement FCC’s Triennial Review Remand Order for High Capacity Loops, Dedicated Transport, Local Circuit Switching and UNE-P Arrangements. RECOMMENDATION that this matter be assigned to the OALJ to address the issues outlined in the proposed Order.

2


COMBINED BUREAU AGENDA BUREAU NO. DOCKET NO. NAME AND SUBJECT

FUS-1013* R-00050259 MYERS GAS COMPANY

Supplement No. 1 to Tariff Gas-Pa. P.U.C. No. 10, filed February 10, 2005, proposing an annual increase in rates of $26,828, adjusted by Staff to $26,572, to become effective April 1, 2005. RECOMMENDATION that the Commission approve the filing, consistent with the proposed Order.

OTS-0005 R-00050259 THE MYERS GAS COMPANY

Kennerdell, PA Supplement No. 1 to Tariff Gas-Pa. P.U.C. No. 10, to become effective April 1, 2005, proposing an increase in annual rates of $26,828. RECOMMENDATION that the Commission institute an Investigation of the Tariff and allow the filing to be suspended by operation of law.

LAW BUREAU

L-0036* M-00051865 IMPLEMENTATION OF THE ALTERNATIVE

ENERGY PORTFOLIO STANDARDS ACT OF 2004. RECOMMENDATION that the Commission adopt the proposed Order which confirms the Schedule for Compliance and solicits Comments on a variety of issues.

COMMISSIONERS

C-0002 F-01458473 MOTION OF VICE CHAIRMAN ROBERT K.

BLOOM IN RE: DREXELBROOK ASSOCIATES V. AQUA PA, INC.

OFFICE OF EXECUTIVE DIRECTOR

OED-0001 REDESIGNATION of Position of Executive

Director to Director of Operations, PUC and APPOINTMENT to Position of Director of Operations, PUC.

pennsylvania public utility commission …paratransit service. recommendation that the commission...

Documents