John J. EdsonAttorney at Law 100 Hazel Lane

Suite 300

Sewickley. Pa. 15143

Telephone 412/259-8868

Facsimile 412/259-8892

Email lesterlaw@comcast.net

November 3, 2017

Via PUC efilinq and Overnight Mail

Rosemary Chiavetta Executive Secretary

PA Public Utility Commission Commonwealth Keystone Building

400 North Street Harrisburg, PA 17120

RE: Docket No. A-2017-2627874

Formal Protest and Petition to Intervene Application for Approval

of Abandonment of Service by Peoples Natural Gas, LLC of

Natural Gas Service to Three Customers Located in Greene

County Pennsylvania

Dear Secretary Chiavetta:

Please find enclosed a Formal Protest and Petition to Intervene regarding the above referenced matter for filing.

JJE/cadEnel.

Sincerely,

John J. Edson

NOV 0 3 2017

PA PUBLIC UTILITY COMMISSION

SECRETARY’S BUREAU - - • 4

PENNSYLVANIA PUBLIC UTILITY COMMISSION NOV - 3 201?

f'roi-zs'r PA PUBLIC UTILITY COM

__ SECRETARY'S suR!Filing this form begins a legal proceeding and you wiU be a party to the case.

If you do not wish to be a party to the case, consider filing an informal complaint

To complete this form, please type or print legibly in ink.

1. Customer (Complainant) Information

Provide your name, mailing address, county, telephone number(s), e-mail address and utility

account number. It is your responsibility to update the Commission with any changes to vour address and to where you want documents mailed to you.

Name : Robert Morris and Carolyn Morris

Street/P.O. Box: 214 Morris Hill Road

City: Waynesburg State: PAZip: 15370

County: Greene

Telephone Number(s) Where We Can Contact You During the Day:

(724) 986-7289 (home) (412) 916-1080 (mobile)

E-mail Address (optional): cduffield@comcast.net

Utility Account Number (from your bill)

If your complaint involves utility service provided to a different address or in a different name than your mailing address, please list this information below.

Name

Street/P.O. Box

City StateZip

2. Name of Utility or Company (Respondent)

Provide the full name of the utility or company about which you are complaining. The name of your utility or company is on your bill.

Peoples Natural Gas Company, LLC

MISSION"At I

December 2014 1

3. Type of Utility Service

Check the box listing the type of utility service that is the subject of your complaint(check only one):

□ ELECTRIC □ WASTEWATER/SEWER

X GAS □ TELEPHONE/TELECOMMUNICATIONS (local, long distance)

□ WATER □ MOTOR CARRIER (e.g. taxi, moving company, limousine)

□ STEAM HEAT

4. Reason for Complaint

What kind of problem are you having with the utility or company? Check all boxes below

that apply and state the reason for your complaint. Explain specifically what you believe the utility or company has done wrong. Provide relevant details including dates, times and places

and any other information that may be important. If the complaint is about billing, tell us the

amount you believe is not correct. Use additional paper if you need more space. Your

complaint may be dismissed without a hearing if you do not provide specific information.

X The utility is threatening to shut off my service or has already shut off my service.

See Formal Protest attached RE: Application for Abandonment at Docket A-2017- 2627874

□ I would like a payment agreement.

□ Incorrect charges are on my bill. Provide dates that are important and an explanation

about any amounts or charges that you believe are not correct. Attach a copy of the

bill(s) in question if you have it/them.

□ I am having a reliability, safety or quality problem with my utility service. Explain the

problem, including dates, times or places and any other relevant details that may be

important.

December 2014 2

□ Other (explain).

Note: If your complaint is only about removing or modifying a municipal lien filed by

the City of Philadelphia, the Public Utility Commission (PUC) cannot address it. Only

local courts in Philadelphia County can address this type of complaint The PUC can

address a complaint about service or incorrect billing even if that amount is subject to a

lien.

In addition, the PUC generally does not handle complaints about cell phone or Internet service, but may be able to resolve a dispute regarding voice communications over the Internet (including the inability to make voice 911/E911 emergency calls) or concerns

about high-speed access to Internet service.

5. Requested Relief

How do you want your complaint to be resolved? Explain what you want the PUC to order

the utility or company to do. Use additional paper if you need more space.

Protestants respectfully request that the PUC deny Peoples' Application for Abandonment of natural gas service to 214 Morris Hill Road and 196 Morris Hill Road and to require Peoples to

continue to provide gas service to their properties.

Note: The PUC can decide that a customer was not billed correctly and can order billing refunds. The PUC can also fine a utility or company for not following rules and can order a utility or company to correct a problem with your service. Under state law, the PUC cannot decide whether a utility or company should pay customers for loss or damages. Damage

claims may be sought in an appropriate civil court.

December 2014 3

6. Protection From Abuse (PFA)

Has a court granted a “Protection From Abuse” order that is currently in effect for your

personal safety or welfare? The PUC needs this information to properly process your

complaint so that your identity is not made public.

Note: You must answer this question if your complaint is against a natural gasdistribution utility, an electric distribution utility or a water distribution utility AND your

complaint is about a problem involving billing, a request to receive service, a security deposit request, termination of service or a request for a payment agreement

Has a court granted a “Protection From Abuse" order for your personal safety or welfare?

YES □

NO X

If your answer to the above question is “yes,” attach a copy of the current Protection From

Abuse order to this Formal Complaint form.

7. Prior Utility Contact

a. Is this an appeal from a decision of the PUC’s Bureau of Consumer Services (BCS)?

YES □

NO X

Note: If you answered yes, move to Section 8. No further contact with the utility or

company is required. If you answered no, answer the question in Section 7 b. and answer the question in Section 7 c. if relevant.

b. If this is not an appeal from a BCS decision, have you spoken to a utility or company

representative about this complaint?

YES XNO □

Note: You must contact the utility first if (1) you are a residential customer, (2) your complaint is against a natural gas distribution utility, an electric distribution utility or a

water utility AND (3) your complaint is about a billing problem, a service problem, a

termination of service problem, or a request for a payment agreement.

December 2014 4

c. If you tried to speak to a utility company representative about your complaint but

were not able to do so, please explain why.

Note: Even if you are not required to contact the utility or company, you should always

try to speak to a utility or company representative about your problem before you file a Formal Complaint with the PUC.

8. Legal Representation

If you are filing a Formal Complaint as an individual on your own behalf, you are not required to have a lawyer. You may represent yourself at the hearing.

If you are already represented by a lawyer in this matter, provide your lawyer’s name, address, telephone number, and e-mail address, if known. Please make sure your lawyer is

aware of your complaint. If represented by a lawyer, both you and your lawyer must be present at your hearing.

Lawyer’s Name: John J. Edson, Esquire

Street: 100 Hazel Lane, Suite 300

City: SewickleyState: PAZip: 15143

Area Code/Phone Number: 412-259-8868

E-mail Address (if known): lesterlaw@comcast.net, with a copy to cduffield@comcast.net

Note: Corporations, associations, partnerships, limited liability companies and political subdivisions are required to have a lawyer represent them at a hearing and to file any motions, answers, briefs or other legal pleadings.

December 2014 5

9. Verification and Signature

You must sign your complaint. Individuals filing a Formal Complaint must print or type their

name on the line provided in the verification paragraph below and must sign and date this form in ink. If you do not sign the Formal Complaint, the PUC will not accept it.

Verification:

i ojnc\ Ccurol'^n n^arn.S, hereby state that the facts

above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and that I expect to be able to prove the same at a hearing held in this matter, t understand that the statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities).

tAffiJr. _________________________ n 'l-n

(Signature of Complainant) (Date)

'-£( yTlc^^__________________________________H'^-n

(Signature of Complainant) (Date)

10. Two Wavs to File Your Formal Complaint

Electronically. You must create an account on the PUC’s eFiling system, which may be accessed at http://www.Duc.pa.Qov/efilinq/default.asDX.

Note: If you are appealing your Bureau of Consumer Services (BCS) decision, you must file your formal complaint by mail.

Mail. Mall the completed form with your original signature and any attachments, by

certified mail, first class mail, or overnight delivery to this address:

SecretaryPennsylvania Public Utility Commission

400 North Street Harrisburg, Pennsylvania 17120

Note: Formal Complaints sent by fax or e-mail will not be accepted.

If you have any questions about filling out this form, please contact the Secretary’s

Bureau at 717-772-7777.

Keep a copy of your Formal Complaint for your records.

December 2014 6

BEFORE THEPENNSYLVANIA PUBLIC UTILITY COMMISSION

RE: APPLICATION FOR APPROVAL OF Docket No.: A-2017-2627874

ABANDONMENT OF SERVICE BY

PEOPLES NATURAL GAS COMPANY LLC

OF NATURAL GAS SERVICE TO THREE

CUSTOMERS LOCATED IN GREENE

COUNTY PENNSYLVANIA

NOV -3 Z017

FORMAL PROTEST AND PETITION TO INTERVENE

Filed on Behalf of Protestants:

ROBERT MORRIS CAROLYN MORRIS

PA PUBLIC UTILITY COMMISSION

SECRETARY'S BUREAUCounsel of Record for This Party:

JOHN J. EDSON, ESQUIRE PA I.D. #56696

100 Hazel Lane Suite 300Sewickley, PA 15143

BEFORE THEPENNSYLVANIA PUBLIC UTILITY COMMISSION

RE: APPLICATION FOR Docket No.: A-20I7-2627874

APPROVAL OF ABANDONMENT

OF SERVICE BY PEOPLES

NATURAL GAS COMPANY LLC

OF NATURAL GAS SERVICE TOTHREE CUSTOMERS LOCATED IN

GREENE COUNTY

PENNSYLVANIA

FORMAL PROTEST AND PETITION TO INTERVENE

NOW COMES Robert and Carolyn Morris, Protestants in this action, by their undersigned

counsel, Pursuant to 52 Pa. Code §§ 5.51-5.53; 5.71-5.73, and file this FORMAL PROTEST AND

PETITION TO INTERVENE, stating as follows:

1. Robert and Carolyn Morris (“Protestants” or “Morrises”) are the owners of real

property at 214 Morris Hill Road, Waynesburg, Pennsylvania, Greene County (“214 Morris Hill”

or “the Property”). The Morrises are residential natural gas customers of Peoples Natural Gas

Company, LLC (“Peoples”) at 214 Morris Hill. (Acct # 20000-7342-781, Meter # 833056)

2. The Morrises have been natural gas customers at the Property for over fifty (50)

years. The Morrises paid Equitable Gas for natural gas service from 1964 until May 2015, and

now pay Peoples, which took over the existing gas distribution facilities and customer billing.

3. The Protestants are also the real property owners and real parties in interest to 196

Morris Hill Road, Waynesburg, Pennsylvania, Greene County (“196 Morris Hill”), which is also

served by Peoples and subject to this matter. The Protestants temporarily rent the farmhouse to

-2-

the Stouts, who temporarily pay the gas bill. The Protestants have an interest in 196 Morris Hill

that may be directly affected and which may not be adequately represented by existing

participants. See 52 Pa. Code § 5.72. The Protestants wish to combine the facts, grounds, and

positions regarding the issues in this proceeding for both 214 and 196 Morris Hill Road

properties (“Properties”).

4. On September 11, 2017, a Peoples representative called the Morrises to inform

them that Peoples will no longer be able to provide gas service to their Properties. The Morrises

requested a meeting with Peoples to protest the abandonment and to get an explanation.

5. On September 13, 2017, the Morrises held an initial meeting with four Peoples

representatives at the Morris property. In attendance were Barry Leezer, Peoples Director of

Customer Operations; three other Peoples representatives; Heidi Jamison for PA House Rep.

Pam Snyder; and the other Peoples customers affected by the proposed abandonment.

6. At the initial meeting, Peoples failed to reveal the type of pipeline infrastructure

servicing the Morris Properties. Furthermore, Peoples failed to cite any authority of law that would

give Peoples the right to abandon service to the Morris Properties. Furthermore, Peoples failed to

provide any explanation whatsoever as to why Peoples wanted to abandon service.

7. Peoples then admitted that the pipeline supplying the Morris Properties’ service

lines is supplied by an interconnection with Equitrans L.P. (“Equitrans”) situated on the Morris

property. Equitrans is a Pennsylvania limited partnership that owns and operates an interstate

natural gas pipeline system subject to the jurisdiction of the Federal Energy Regulatory

Commission (FERC) pursuant to the Natural Gas Act (NGA). 15 U.S.C. §§ 717f(b), (c) (2006);

18 C.F.R. §§ 157.7, 157.14, and 157.18 (2015).

-3-

8. The Equitrans Mainline/Sunrise/OVC Transmission System makes up the

majority of its FERC-regulated storage and transmission assets with approximately 750 miles of

interstate pipelines and the pipeline interconnects with Peoples Natural Gas Company, among

others.

9. In 2011, Equitrans signed a right-of-way with the Morrises to install the Equitrans

Sunrise Transmission System, specifically Line H-302, which connects the Jefferson, PA Station

and Logansport, WV Station. (Protestants Exhibit A attached)

10. On or around 2011, Equitable Gas, now Peoples, interconnected with the

Equitrans transmission line to supply service to the Morris Properties through a portion of the

Goodwin - Trombaugh gathering system. (There is no threat of damage to the line as all long-

wall coal mining activity is completed in the area) The Goodwin - Trombaugh gathering system

is now a truncated line serving only four consumers, including the Morrises, with the gas flowing

from the Equitrans transmission line through this distribution line to the Morris Properties

service lines and dead ends at the McNeely property. The gas no longer flows from “gathering

lines” connected to well heads in a field to the Morris Properties service lines and therefore is not

a gathering line. (See Definition of “gathering lines” in Protestant IfiJ 13-14). The Morrises

believe this distribution line serving their properties is undamaged and in good working order.

11. Peoples also has another supply line at the same Equitrans interconnection. On or

around 2011, Emerald Coal Mine, now the location of Rice Energy offices, interconnected its

supply line to the Equitrans transmission line and installed a meter at both ends - one to measure

the gas Peoples took, and another meter to measure the consumption at Emerald’s point of

service. In fact, Protestant Robert Morris, an excavating engineer, was contracted to dig and

install the supply line from Equitrans to Emerald across the Morris Properties.

-4-

12. The applicable distribution line subject to this Abandonment is now owned by

unregulated PNG Gathering, LLC (“PNG”); however, this is a distribution line and no longer

functioning as a gathering line within the meaning of Pennsylvania Law. It is important to note

that PNG is a sister company to Peoples, which is familiar with operating distribution systems.

13. According to Pennsylvania Statute, Title 58 Oil and Gas, the term “gathering line”

means “a pipeline used to transport natural gas from a production facility to a transmission line.”

58 Pa. C.S. §3218.5

14. According to Pennsylvania Code, 52 Pa. Code § 59.1, the following definitions

apply:

Gathering line—A pipeline that transports gas from a current production facility to a transmission line or main.

Transmission line—A pipeline, other than a gathering line that does one of the following: (i) Transports gas from a gathering line or storage facility to a

distribution center or storage facility, (ii) Operates at a hoop stress of 20% or more of SMYS, or (iii) Transports gas within a storage field.

Distribution line—A pipeline other than a gathering or transmission line.

15. With those mandatory definitions in mind, the Morrises believe and therefore aver

the pipeline facility supplying gas from Equitrans to four (4) properties, including the Morris

Properties, is a distribution line, because the supply line connects a transmission line directly to a

consumer. See “Distribution Line” 52 Pa. Code § 59.1. Furthermore, the supply line at issue

does not connect to a “production facility.” Moreover, the supply line is in good working order

and supplies four properties and then ends service at the McNeely residence at 2014 Garards Fort

Road. (See Peoples Application ^ 7)

16. Because the Morrises believe the pipeline supplying gas to their Properties is

functioning exclusively as a distribution line, and has always been since Peoples acquired the

facilities from Equitable, the Morrises aver Peoples Tariff Rule 9.1 does not apply in this

-5-

instance:

9.1 Company May Discontinue Service

It is understood and agreed that in case the line from which the Company supplies

gas is a field line, the same may not be a permanent one, and the Company may, at

its own discretion, cease to furnish gas, either temporarily or permanently, and

change, repair or remove its pipe line, or change the use of it, and either party may

cancel service on ten days' written notice, without prejudice to the right of the

Company to continue its supply to other customers.

In fact, Peoples does not invoke Tariff Rule 9.0 because it recognizes that the

applicable line is not a gathering line.

Peoples Tariff- PA P.U.C. No. 46 Original Page No. 31, Rule 9.1

17. Since the Goodwin gathering system is no longer being used as a gathering

system as it applies to the customers affected by Peoples Application, the new line connecting

Equitrans with the Morris Properties should be considered a distribution line.

18. Peoples fails to cite any authority of law in their Application that allows it to

abandon a distribution line. In fact, Peoples does not attempt to invoke Rule 9.1 because the

distribution line serving the Morrises is not a field line or gathering line within the meaning of

PA Statute and Regulations.

19. More importantly. Peoples never considers or addresses the following question:

How can Peoples continue to supply gas from the Equitrans line to the McNeely customer

property, where the supply line ends, while seeking to abandon service to the three intervening

properties being serviced by the distribution line and located before the McNeely’s property at

the end of the line? (See Peoples Application t 7) So long as the McNeelys are being provided

gas through this distribution line, isn’t abandonment of the line impossible?

20. In the initial meeting, Peoples stated that a “rift” existed among Equitrans, EQT,

and Peoples, and suggested the “rift” may affect the future natural gas service to be provided to

the Morrises.

-6-

21. The Morrises believe it is unfair that a rift between large corporate utilities could

be allowed to directly harm individual consumers.

22. The Morrises believe and therefore aver that the “rift” between Equitrans and

Peoples was caused, inter alia, by Peoples billing customers (including the Morrises) for gas

supplied from Equitrans at this interconnection without compensating Equitrans for that gas.

Before September 13, 2017, the subject pipeline supplying gas from Equitrans to the Morris

Properties did not have a meter at the Equitrans interconnection.

23. The current Peoples facilities located at this interconnection include a meter

measuring gas Peoples supplied to neighboring Rice Energy; however, no meter was ever installed

on the gas line supplying the Morrises and the two other affected customers in this Abandonment.

Since May 2015, the Morrises believe and therefore aver, Peoples billed the Morrises for the use

of the gas measured at the point of service, but failed to pay Equitrans for the supply of that gas.

24. Peoples stated in the initial meeting that the point of interconnection meter with

Equitrans has always been in existence; however, the Morrises deny a meter had ever been

installed.

25. Curiously, Peoples, while in the meeting, admitted a Peoples crew was at the site

of interconnection simultaneously installing the new meter Peoples claimed had always been there.

26. Immediately, the Morrises were able to go to the Equitrans interconnection and take

pictures of the Peoples crew installing the new meter where none existed before that date. (See

Protestants Exhibit B - new meter with all zeros).

27. Morrises believe the representations made at the meeting were arbitrary, capricious,

and breached the code of conduct owed to customers.

-7-

28. Peoples ended the meeting by stating the Morrises may never hear from them again,

but that an Application for Abandonment may still be filed.

29. On or around October 3, 2017, Peoples filed an Application with the Public Utility

Commission (PUC) for Approval of Abandonment of natural gas service to the Morris Properties.

(See PA PUC Docket No. A-2017-2627874)

30. The Morrises believe and therefore aver that the cost stated to replace the portion

of above ground temporary gas line ($88,000.00) is grossly exaggerated. (See Peoples Application

18 and Peoples Attachment A). Protestant Robert Morris believes the above ground portion would

cost approximately $3,500.00 to be installed underground.

31. Furthermore, the Morrises believe and therefore aver that the entire cost stated to

upgrade the interconnection facilities ($538,000.00) is grossly exaggerated. (See Peoples

Application 8 -10). The Morrises respectfully request the Commission to verify the cost and

any other construction requirements, if any, for this interconnection with EQT.

32. The Morrises object to the abandonment of natural gas service and object to

Peoples’ conversion offer to propane.

33. Peoples fails to show that abandonment of service to the Morris Properties is

necessary or proper for the service, accommodation, convenience, or safety of the public. 66 Pa.

C.S. §§ 332(a) and 1103(a), especially after having been provided this service for over fifty (50)

years.

WHEREFORE, for the reasons set forth above, Protestants respectfully request that the

Commission conclude Peoples has failed to meet its burden of proof. Therefore, the Application

of Peoples Gas Company LLC, docketed at A-2017-2627874 for approval of abandonment of

-8-

service to the Morris Properties, 196 and 214 Morris Hill Road, Waynesburg, Greene County,

Pennsylvania should be denied.

>0

Pa. I.D. No. 56696

100 Hazel Lane

Suite 300

Sewickley, PA 15143

Tel: 412-259-8868

Counsel for Protestants

-9-

VERIFICATION

I, Robert Morris, verify that the statements made in the foregoing Formal Protest

and Petition to Intervene are true and correct to the best of my knowledge, information and

belief. I understand that false statements herein are made subject to the penalties set forth

in 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities.

Date: ' ' ' 2 ' l'7

I, Carolyn Morris, verify that the statements made in the foregoing Formal Protest

and Petition to Intervene are true and correct to the best of my knowledge, information and

belief I understand that false statements herein are made subject to the penalties set forth

in 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities.

NOV -- 3 201?

FA PUBLIC UTILITY COMMISSION

SECkEiARY'S 8UREAU

<

p/^o

resr

^NT

e^h

\6iT

O O Mainline Sunrise and OVC Overview |1 page) - j

ID- ih f ~ c‘ fB a 302E O

a Preview File Edit View Go Tools Window HelpO ^ ^ <’) 56X Ml* B3 Q. © :S

Pictures taken at Equitrans Interconnection, Morris Property

September 13,2017

Peoples installing meter on this

day.

NOV - 3 2017

PROTESTANTS EXHIBIT B

>A PUBLIC UTILITY COMMISSION

SECRETARY'S BUREAU

■*?

CERTIFICATE OF SERVICE

I, John J. Edson, Esquire, do hereby certify that a true and correct copy of the

foregoing Formal Protest and Petition to Intervene has been served upon all persons

indicated below in accordance with the requirements of § 1.54 (relating to service by party),

VIA FIRST CLASS MAIL on this 3rd day of November 2017.

Rosemary Chiavetta

Executive Secretary PA Public Utility Commission

Commonwealth Keystone Building

400 North Street Harrisburg, PA 17120

Jennifer L. Petrisek, Sr. Attorney

Peoples Natural Gas Company LLC

375 North Shore Drive Pittsburgh, PA 15212

Betty Stout 196 Morris Hill Road

Waynesburg, PA 15370

Joseph Rohanna 2028 Garards Fort Road

Waynesburg, PA 15370

Virginia McNeely 2014 Garards Fort Road

Waynesburg, PA 15370

Office of Consumer Advocate

555 Walnut Street 5,h Floor Forum Place

Harrisburg, PA 17101

NOV - 3 2017

PA PUBLIC UTILITY COMMISSION

Johri J. Edson, Esquire

PA I.D. #56696

100 Hazel Lane, Suite 300 Sewickley, PA 15143

(412) 259-8868

aera*<

o

o

3o

D

I

CL

Onc3

<ns

ft

■D5'?DCL

O3CloTi/*irp

•.JOMN J tDf.OlJ‘ai2i 916-ioao

STf 300100 HHZKL LfiNESEwlOKl.KY PP 15143

SHIP PA PUC TO: SCRETARY

400 NORTH ST

9 o IT>O. f Q. Sm

0.4 LBSGHP WT. LTR DP If. 04 NOV 20 1

LTR 1 01

PA 17120-020

PA 171 9-20

S'|Ii:2^22

nS'I,

s. o *•3* b5 iII

UPS NEXT DAY AIRTRACKING tt: 1Z 4E1 53F 01 4602 7409

i • * q nmcfttCMBILLING: P/P

UBSWa«<iifettA FL?rv<

ficP 81: 11.4.17.S3.

RHP 82: 466b

UI f< jrcct UK filivi n >( I«4i, ,)1^ L+i l«( no, ««a <u,(ic« u> uf l» Wf»t< WowM Bj Pin. i «wU«i un tu Mi <1 JUJ* «J*nj (of ji^at CAMui «w; C n9*nM nm*< 4*u (A u<» nj <(miiDBdJ>n. viMpp » ^tpnw we topoflH ftyn Pie LO m auM d«ao »r*ih »» Adnwn^itMww

ur* >j i le U» " |K94ubn«« R*fi K( ? 0917

£

Wb 4/>Jff ®si& 9la