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PENNSYLVANIA PUBLIC UTILITY COMMISSION ________________

PUBLIC MEETING

________________

FEBRUARY 6, 2003 (TF)

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 Thursday, February 20, 2003 at 10:00 a.m.

Minutes of the Meeting of January 15, 2003 (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, FEBRUARY 20, 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. ALSO, THE COMMISSION WILL HOLD AN EXECUTIVE SESSION, ON THURSDAY, FEBRUARY 6, 2003, IMMEDIATELY FOLLOWING PUBLIC MEETING, AT APPROXIMATELY 10:30 A.M., IN THE COMMISSION’S JR. EXECUTIVE CONFERENCE ROOM, THIRD FLOOR, KEYSTONE BUILDING. THE COMMISSION’S AGENDA WILL BE LIMITED TO: 1. DISCUSSING PERSONNEL MATTERS. 2. CONSULTING WITH ITS LEGAL OR TECHNICAL STAFF ABOUT ACTIONS WHICH THIS COMMISSION IS LITIGATING BEFORE OTHER ADMINISTRATIVE AGENCIES OR COURTS. 3. DISCUSSING CASES WHICH WILL BE COMMENCED OR ADJUDICATED BY COMMISSION ACTION. 4. REVIEWING LEGALLY PRIVILEGED OR CONFIDENTIAL MATTERS. 5. DISCUSSING COLLECTIVE BARGAINING ISSUES. 6. CONSIDERING THE PURCHASE OR LEASE OF REAL ESTATE. AN AGENDA FOR THE EXECUTIVE SESSION WILL BE DISTRIBUTED TO ALL COMMISSIONERS IN ADVANCE OF THIS SESSION. THIS NOTICE IS PROVIDED IN ACCORDANCE WITH ACT 84 of 1986, KNOWN AS THE SUNSHINE ACT.

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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

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TSM-0006* A-00108503, F.1, Am-F

Application of GARY L. ARNDT, T/D/B/A A LIMOUSINE 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-0007* A-00106305, F.5,

Am-A Application of STAR LIMOUSINE SERVICE, INC., Mars, Butler 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-0008* A-00117490, F.1,

Am-A Application of RAYMOND J. LECH, T/D/B/A TWILIGHT LIMOUSINE 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 the county of Allegheny. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0009* A-00117559, F.1,

Am-A Application of STEPHEN J. MALIK, SR., T/D/B/A CORPORATE SEDAN SERVICE, Pittsburgh, Allegheny County, for amendment to his common carrier certificate: SO AS TO PERMIT persons in limousine service between points in the county of Allegheny. RECOMMENDATION that the Commission adopt the proposed order approving the application.




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TSM-0011* A-00117497, F.3 Application of HANS & MARK SCHACK, COPARTNERS, T/D/B/A ALLEGHENY BUSINESS LIMOUSINE, Pittsburgh, Allegheny County for the approval of the transfer to applicant of all of the common carrier limousine right at A-00116256 held by William H. O’Brien (deceased) by Marianne O’Brien, Executrix of his Estate. RECOMMENDATION that the Commission adopt the proposed order approving the application. The certificate issued to the transferor to be canceled by supplemental order

TSM-0012* A-00119245, F.3 Application of AMERICAN EAGLE BUS &

LIMO, INC., for the approval of the transfer to applicant of all of the common carrier paratransit right held by Taylor Paratransit, Inc., t/d/b/a Coachmaster Limousine Service at A-00112359, F.1. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application, and that a certificate be issued to the applicant.

TSM-0013* A-00119245, F.2 Application of AMERICAN EAGLE BUS &

LIMO, INC., for the approval of the transfer to applicant of all of the common carrier limousine right held by Taylor Paratransit, Inc., t/d/b/a Coachmaster Limousine Service at A-00112359, F.3 RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be canceled by supplemental order.

TSM-0014* A-00119402 Application of GARY & SARAH HOCK, T.D.B.A

G & S TOURS REPRESENTATAIVES, Fayetteville, Franklin County, for a brokerage license. RECOMMENDATION that the Commission adopt the proposed order approving the application.




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TSM-0015* A-00119364 Application of MIDATLANTIC LIMOUSINE, INC. West Chester, Chester County, for the transfer of the limousine rights of Francis Pardo, t/d/b/a Ruberti’s Limousine Service at A-00114296, subject to the same limitations and conditions. RECOMMENDATION that the Commission adopt the proposed order approving the application and canceling the certificate of the transferor at A-00114296 by supplemental order.

TSM-0016* A-00119351 Application of HOPE TRANSPORTATION, INC.,

North Wales, Montgomery County, for the approval of the transfer to applicant of all of the common carrier limousine right held by BMT Coach, Inc. at A-00117469. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be canceled by supplemental order.

TSM-0017* A-00119340 Application of ROBBENE B. HOVENSTINE,

T/D/B/A PAUL’S CAB SERVICE, Sunbury, Northumberland County, for the approval of the transfer to applicant of all of the common carrier call or demand rights held by Paul’s Cab Service, Inc. at A-00118032. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be canceled by supplemental order.




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TSM-0018* A-00119348 Application of JADCO ENTERPRISES, INC., T/D/B/A STERLINE LIMOUSINE, Newtown, Bucks County, for the approval of the transfer to applicant of all of the common carrier limousine rights held by Danielle Viktor, Ltd., t/d/b/a Sterling Limousine at A-00112676. RECOMMENDATION is that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be canceled by supplemental order.

TSV-0001 R* A-00114407M0203 PUC v. POLINA CAB COMPANY, Southampton,

Bucks County FINE: $1,350.00 RECOMMENDATION is that the Commission enter an order directing that the instant complaint be sustained, that respondent be fined a total of $1,350, that respondent’s certificate of public convenience be suspended for a period of 60 days, and that respondent cease and desist from further violations.


BUREAU OF AUDITS


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AUD-0003 M-00021623 NRG ENERGY CENTER HARRISBURG, INC. Interim Steam Cost Rate Increases Effective February 1, 2003. RECOMMENDATION that the Commission approve the Company’s proposed total steam cost billing rates of $10.80 per MLB and $8.52 per MLB for HSW-1 and HSW-2, respectively. Such rates to become effective with service rendered on and after February 1, 2003.

AUD-0004 D-02MGT026 THE PEOPLES NATURAL GAS COMPANY,

d/b/a DOMINION PEOPLES Pittsburgh, PA Focused Management & Operations Audit. Staff has completed an audit of The Peoples Natural Gas Company, d/b/a Dominion Peoples and issued a report containing 16 recommendations for improvement. In response to the audit, Dominion Peoples submitted an Implementation Plan indicating acceptance of 15 recommendations and rejection of one recommendation. RECOMMENDATION that the Commission make the Audit Report and Implementation Plan public.

AUD-0005 D-01MGT008 EQUITABLE GAS COMPANY

Pittsburgh, PA Focused Management & Operations Audit. Staff has Completed an audit of Equitable Gas Company and issued a report containing 23 recommendations for improvement. In response to the audit, Equitable submitted an Implementation Plan indicating acceptance of 20 recommendations, partial acceptance of two recommendations, and rejection of one recommendation. RECOMMENDATION that the Commission make the Audit Report and Implementation Plan public.


OFFICE OF SPECIAL ASSISTANTS


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OSA-0008* 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-0011* F-00880955 GLENN W. ZABOROWSKI v. PA-AMERICAN

WATER COMPANY On January 30, 2002, a Formal Complaint was filed by the Complainant against the Respondent wherein the Complainant alleged that he was overcharged by the Respondent for water service between June 30, 1998 and September 2, 2000. On October 9, 2002, the Initial Decision of ALJ Nene was issued recommending that the instant Complaint be dismissed. On October 29, 2002, the Complainant filed Exceptions to the Initial Decision. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Complainant’s Exceptions and adopts the ALJ’s Initial Decision to the extent that it is consistent with the Opinion and Order.




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OSA-0018 R* A-00116318 APPLICATION OF PENNDOT…RHAWN STREET The Recommended Decision of ALJ Smolen issued on November 13, 2002 recommended that the Application be approved. The City of Philadelphia and PGS filed Joint Exceptions to the R.D., on November 27, 2002. PennDOT also filed Exceptions on November 27, 2002. On January 15, 2003, PennDOT filed a Petition to Reopen the Record. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which: (1) grants PennDOT’s Petition to Reopen; (2) grants, in part, and denies, in part, PennDOT’s Exceptions; (3) grants, in part, and denies, in part, the Joint Exceptions of the City and PGW and (4) adopts the R.D., as modified, as the action of the Commission.

OSA-0020* (PP from 1/23/03)

A-210103 APPLICATION OF D’s WATER COMPANY… The Company filed the Application on August 10, 2001. On September 17, 2001, the Company filed an initial Tariff-Water Pa. P.U.C. No. 1, which, as revised, proposed an increase in annual revenues of $36,224, over and above the present rates being charged to ratepayers by the de facto Applicant. ALJ Lovenwirth issued a Recommended Decision on December 9, 2002. The Company and the OCA each filed Exceptions to the Recommended Decision. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which: (1) grants, in part, and denies, in part, the Company’s Exceptions; (2) denies the OCA’s Exceptions; and (3) adopts the Recommended Decision, as modified by the Opinion and Order.




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OSA-0024* A-311229F7002 JOINT PETITION OF THE UNITED TELE-PHONE COMPANY OF PENNSYLVANIA d/b/a SPRINT AND U.S. CELLULAR, INC…. On November 21, 2002, Sprint and U.S. Cellular filed a Joint Petition for approval of Commercial Mobil Radio Services Interconnection Agreement and Amendment No. 1 under Sections 251 and 252 of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.

OSA-0025* A-311208F7002 JOINT PETITION OF THE UNITED TELE-

PHONE COMPANY OF PENNSYLVANIA d/b/a SPRINT AND TALK UNLIMITED NOW, INC…. On November 27, 2002, Sprint and Talk Unlimited filed a Joint Petition seeking approval of a Master Interconnection and Resale Agreement under Sections 251 and 252 of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.




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OSA-0026* C-00004009 RONALD WICKIZER v. LUZERNE COUNTY REDEVELOPMENT AUTHORITY, LUZERNE AND SUSQUEHANNA RAILWAY CORPORA-TION, LUZERNE COUNTY RAIL CORPORA-TION; PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; BOROUGH OF ASHLEY, AND COUNTY OF LUZERNE On August 8, 2000, a Complaint was filed regarding the Authority’s alleged failure to properly maintain drainage at an above-grade rail-highway crossing. A Recommended Decision was issued directing that the crossing be repaired and allocating the costs of the repair to PennDOT, the County, and the Borough. Exceptions were filed by PennDOT, the Borough, and the County. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Exceptions of the Borough and the County and grants, in part, and denies, in part, the Exceptions of PennDOT.

OSA-0027* A-310510F7002 JOINT PETITION OF THE UNITED TELE-

PHONE COMPANY OF PENNSYLVANIA d/b/a SPRINT AND CTSI, LLC… On November 21, 2002, Sprint and CTSI filed a Joint Petition seeking approval of an Opt-In Master Inter-connection and Resale Agreement pursuant to Section 252 of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.




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OSA-0029* C-20016143 DAN B. BRUNO v. COLUMBIA GS OF PA, INC. By Formal Complaint filed on September 4, 2001, the Complainant alleged that the Respondent had not read his meters since 1999, and had billed him for gas usage after service was shut off at the street. On July 31, 2002, ALJ Nene issued an Initial Decision dismissing the Complaint, and ordering the Respondent to pay a fine of $500.00 for failing to read the Complainant’s meter. On August 14, 2002, the Complainant filed Exceptions to the ALJ’s Initial Decision. On August 19, 2002, the Respondent filed Exceptions. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Complainant’s Exceptions and grants the Respondent’s Exceptions.

OSA-0030* A-310633F7001 JOINT PETITION OF VERIZON NORTH INC.,

f/k/a GTE NORTH INCORPORATED AND LEVEL 3 COMMUNICATIONS, LLC… On December 16, 2002, Verizon North and Level 3 filed a Joint Petition seeking approval of Amendment No. 1 to the Interconnection Agreement under Section 252(e) of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.

OSA-0031* F-00907447 ANTHONY P. ARNONE v. THE PEOPLES

NATURAL GAS COMPANY d/b/a DOMINION PEOPLES On March 13, 2002, the Complainant filed a Complaint challenging the Respondent’s use of estimated bills which allegedly resulted in over-estimation of his bills. On October 23, 2002, the Initial Decision of ALJ Nemec sustained, in part, the Complaint. On November 12, 2002, the Respondent filed Exceptions. RECOMMENDATION that the Commission grant the Respondent’s Exceptions and adopt the ALJ’s Initial Decision as modified by the Opinion and Order.




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OSA-0032* A-310513F7002 JOINT PETITION OF THE UNITED TELE-PHONE COMPANY OF PENNSYLVANIA d/b/a SPRINT AND SPRINT SPECTRUM, L.P….and PHILLIECO, L.P. and d/b/a SPRINT PCS… On December 31, 2002, Sprint and PCS filed a Joint Petition for approval of Commercial Mobile Radio Services Interconnection Agreement under Section 252(e) of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition thereby approving the CMRS Interconnection Agreement.

OSA-0033* M-00021691 PENNSYLVANIA PUBLIC UTILITY

COMMISSION v. PHILADELPHIA GAS WORKS On December 4, 2002, Law Bureau Prosecutory Staff and the Bureau of Consumer Services, and PGW filed a proposed Settlement Agreement with the Commission for resolution of allegations regarding PGW’s compliance with its own tariff, the Memorandum of Understanding executed between PGW and the Pennsylvania Public Utility Commission on July 18, 2001. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which approves the proposed Settlement.

OSA-0034* A-311133F7000 JOINT PETITION OF VERIZON PENNSYL-

VANIA INC. AND UNITED SYSTEMS ACCESS, INC…. On December 24, 2002, Verizon PA and USAI filed the Joint Petition seeking approval of an Inter-connection Agreement by means of Adoption of an Interconnection Agreement under Section 252(i) of the Telecommunications Act of 1996. RECOMMENDAITON that the Commission adopt the proposed draft Opinion and Order which approves the Joint Petition.




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OSA-0037* A-310125F7001 JOINT PETITION OF VERIZON NORTH INC., f/k/a GTE NORTH INCORPORATED AND AT&T COMMUNICATIONS OF PENNSYL-VANIA, INC…. On December 4, 2002, Verizon North and AT&T filed a Joint Petition seeking approval of Amendment No. 1 to the Interconnection Agreement under Section 252(e) of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.

OSA-0038* A-311011F7000 JOINT PETITION OF VERIZON PENNSYL-

VANIA INC., f/k/a BELL ATLANTIC – PENNSYLVANIA, INC. and NORCOM, INC…. On December 19, 2002, Verizon PA and Norcom, Inc. filed a Joint Petition seeking approval of Amendment No. 1 to the Interconnection Agreement under Section 252(e) of the Telecommunications Act of 1996. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants the Joint Petition.

OSA-0045* C-20027957 JAMES TRUNZO v. PPL ELECTRIC

UTILITIES CORPORATION On June 3, 2002, the Complainant filed a Complaint alleging PPL improperly issued a make-up bill to the Complainant. The Complaint was dismissed by an Initial Decision issued on November 26, 2002. The Complainant filed Exceptions on December 16, 2002. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Exceptions.




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OSA-0046* F-01044657 TIMI HAND v. VERIZON PENNSYLVANIA INC. On April 5, 2002, the Complainant filed a Formal Complaint against Verizon PA. The Initial Decision of ALJ Turner, issued on July 29, 2002, recommended dismissal of the Complaint with prejudice. On October 3, 2003, the Complainant filed the instant Letter-Petition for Reconsideration. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Letter-Petition for Reconsideration.

OSA-0047* C-20016253 CEASAR B. MADDOX v. PECO ENERGY

COMPANY On October 1, 2001, the Complainant filed a Formal Complaint against PECO alleging that PECO performed work at his property, and that the barge board on his house was left cut in half by PECO. The Initial Decision of ALJ Turner was issued recommending that the Complaint be sustained. The Complainant and PECO filed their respective Exceptions to the Initial Decision. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Complainant’s and PECO’s Exceptions and adopts the ALJ’s Initial Decision.

OSA-0051* C-20026853 HARRY TRIOLO, JR. v. PECO ENERGY

COMPANY On February 8, 2002, the Complainant filed a Formal Complaint alleging that PECO failed to promptly respond to a power outage. The Complaint was sustained, in part, by an Initial Decision issued on November 4, 2002. PECO was directed to pay a civil penalty in the amount of $200.00. PECO filed Exceptions on November 21, 2002. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which grants PECO’s Exceptions.




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OSA-0052* C-20016332 EDWARD J. BOCZAR v. PPL ELECTRIC UTILITIES CORPORATION On October 19, 2001, the Complainant filed a Formal Complaint against PPL. The Initial Decision of ALJ Lovenwirth, issued on October 2, 2002, recommended dismissal of the Complaint. On October 22, 2002, the Complainant filed Exceptions to the Initial Decision. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Exceptions as moot and adopts, in part, and vacates, in part, the ALJ’s Initial Decision.


BUREAU OF FIXED UTILITY SERVICES


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FUS-0403* A-311058F2000 On December 17, 2002, AERIE NETWORK SERVICES, INC., filed an Application seeking approval of the Company’s Abandonment of the Certificate of Public Convenience. RECOMMENDATION that the Commission adopt the proposed draft Order approving the Application.

FUS-0405* M-00950649 PIKE COUNTY 911 SYSTEM RENEWAL

PLAN received November 13, 2002 from the Pennsylvania Emergency Management Agency formally requesting a review and recommendation of the costs associated with the contribution rate of $1.50 per access line, per month. RECOMMENDATION that the Commission adopt the proposed Order approving the contribution rate.

FUS-0407* R-00027997 On December 10, 2002, BUSINESS TELECOM,

INC., D/B/A BTI (“BTI” OR “COMPANY”), filed Supplement No. 7 to Pa. Local Resale Tariff No. 2 to increase the Directory Assistance Rate, to become effective January 10, 2003. On January 9, 2003 a Secretarial Letter was sent to the Company extending the review period until February 10, 2003. RECOMMENDATION that the Commission adopt the proposed draft Order suspending the proposed Tariff Supplement and giving the Company the alternative to withdraw the Supplement.

FUS-0805* A-220350F0004

Et al On November 25, 2002, the CITY OF BETHLEHEM filed Applications for approval of 1) acquisition of the water system assets of Village View Water Company, 2) right to begin to offer, render, furnish or supply water service to the public in a portion of Hanover Township in Northampton County, PA and 3) the right of Village View Water Company to abandon water service. RECOMMENDATION that the Commission adopt the proposed draft Order approving the Applications.




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FUS-0808* A-210104F0022 On September 4, 2002, PENNSYLVANIA SUBURBAN WATER COMPANY filed an Application for approval to begin to offer, render, furnish or supply water service to the public in an additional portion of Thornbury Township, Chester County, Pennsylvania. RECOMMENDATION that the Commission adopt the proposed draft Order approving the Application.

FUS-1008* R-00028014 On December 9, 2002, METROPOLITAN

EDISON COMPANY filed Supplement No. 4 to Tariff Electric-Pa. P.U.C. No. 1 to become effective February 6, 2003 and voluntarily postponed until February 7, 2003. RECOMMENDATION that the Commission adopt the proposed draft Order permitting the Supplement to become effective on February 7, 2003.

FUS-1011* A-110045 On September 16, 2002, CMS MARKETING filed

a Petition to abandon its EGS license. RECOMMENDATION that the Commission adopt the proposed draft Order which grants the Petition.

FUS-1012* A-122250F2003 On November 27, 2002, PEOPLES filed an

Application for abandonment of service to one natural gas customer in Greene County, Pennsylvania. RECOMMENDATION that the Commission adopt the proposed draft Order approving the Application.

FUS-1013* R-00028036 On December 19, 2002, LAUREL PIPE LINE

COMPANY, LP filed Supplement No. 1 to Tariff Pipeline-Pa P.U.C. No. 77 to become effective on January 20, 2003. On January 15, 2003, Laurel filed Supplement No. 2 which voluntarily postponed Supplement No. 1 until February 7, 2003. RECOMMENDATION that the Commission adopt the proposed draft Order approving the Tariff.




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FUS-1014* R-00038080 On January 7, 2003, PPL ELECTRIC UTILITIES CORPORATION filed Supplement No. 30 to Tariff Electric-Pa. P.U.C. No. 201 to become effective February 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 permitting the Tariff to become effective as filed.

FUS-1309* A-310200 F0008

A-311350 F0007 G-00020977

Joint Application filed on September 25, 2002, by VERIZON PENNSYLVANIA INC. and VERIZON NORTH INC. for the authority to transfer to them by sale, vehicles owned by VERIZON CONNECTED SOLUTIONS, INC. Affiliated Interest Agreement of VERIZON PENNSYLVANIA INC., VERIZON NORTH INC., and VERIZON CONNECETED SOLUTIONS INC. describing the terms of the transfer of vehicles. RECOMMENDATION that the Joint Application and Affiliated Interest Agreement be approved and that the proposed Order be adopted.


COMBINED BUREAU AGENDA


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FUS-0804* R-00027907 LITTLE WASHINGTON WASTEWATER CO. Willistown Woods Division Bryn Mawr, PA Supplement No. 2 to Tariff Sewer- Pa. P.U.C. No. 1, filed December 9, 2002, to become effective February 8, 2003, proposing an annual increase in rates of $91,106. RECOMMENDATION that the Commission institute a Formal Investigation of the Tariff, noting that the filing will be suspended by operation of law for a period not to exceed seven (7) months from February 8, 2003; and that the case be assigned to the OALJ consistent with the proposed Order.

OTS-6 R R-00027907 LITTLE WASHINGTON WASTEWATER CO.

Supplement No. 2 to Tariff Sewer- Pa. P.U.C. No. 1, to become effective February 8, 2003, proposing an annual increase in rates of $91,106. 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 or through September 8, 2003.


LAW BUREAU


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L-0004 R* (PP from 1/23/03)

A-310235 INCOMNET COMMUNICATIONS CORP. Incomnet failed to pay its general Assessment for 2002-2003 and the company is no longer in business. RECOMMENDATION that the Commission adopt the Tentative Order which revokes PDS’s Certificate of Public Convenience, which Order will become final after a 20-day comment period following publication in the Pennsylvania Bulletin, absent adverse comment.

L-0005* (PP from 1/23/03)

A-310876 PDS, INC. PDS failed to pay its general Assessment for 2002-2003 and the company is no longer in business. RECOMMENDATION that the Commission adopt the Tentative Order which revokes PDS’s Certificate of Public Convenience, which order will become final after a 20-day comment period following publication in the Pennsylvania Bulletin, absent adverse comment.

L-0007* (PP from 1/23/03)

A-310097 NETWORK PLUS, INC. Network Plus failed to pay its general Assessment for 2002-2003 and the company is no longer in business. RECOMMENDATION that the Commission adopt the proposed Tentative Order which revokes Network Plus’s Certificate of Public Convenience, which Order will become final after a 20-day comment period following publication in the Pennsylvania Bulletin, absent adverse comment.

L-0009* (PP from 1/15/03)

P-00021989 Petition of DUQUESNE LIGHT COMPANY requesting a Declaratory Order to terminate a controversy concerning interpretation of Duquesne’s rate schedule HVPS. RECOMMENDATION that the Commission grant the Petition for Declaratory Order, in accordance with the direction contained in the proposed Order.


LAW BUREAU


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L-0014 R* A-00116249 Petition of RENZENBERGER, INC. requesting a Declaratory Order to allow them to provide motor transportation services to the crew of Norfolk Southern Corp. RECOMMENDATION that the Commission grant in part and deny in part the Petition for Declaratory Order, and that the Order be published in the Pennsylvania Bulletin.

L-0017* A-310886 CARDINAL COMMUNICATIONS OF PA

Cardinal Communications of PA failed to pay its general Assessment for 2002-2003, refused delivery of the mailed notice, and telephone calls to last known business address confirmed the number has been disconnected with no new information available RECOMMENDATION that the Commission adopt the proposed Tentative Order revoking Cardinal Communications’ Certificate of Public Convenience, which Order will become final after a 20-day comment period following publication in the Pennsylvania Bulletin, absent adverse comment.


OFFICE OF ADMINISTRATIVE LAW JUDGE


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ALJ-0102* (PP from 1/23/03)

C-20027978 CRAIG & DEBRA TREFFINGER v. PPL ELECTRIC UTILITIES CORPORATION A complaint was filed on June 7, 2002 alleging incorrect meter readings. On July 2, 2002, an answer was filed. A Motion to Dismiss was filed October 7, 2002 by PPL. COMMISSION REVIEW of Chief ALJ Christianson’s Initial Decision dismissing the complaint.

ALJ-0103* C-20026986 STEVEN DAGOWITZ v. PECO ENERGY

COMPANY On February 25, 2002, a complaint was filed against PECO alleging, inter alia, that he uses a competitive supplier of energy and PECO's billing does not properly and simply break down their usage billing in gas and electricity; and the bills are confusing. An answer was filed on March 27, 2002. A hearing was held October 4, 2002. COMMISSION REVIEW of ALJ Smolen’s Initial Decision dismissing the complaint.

ALJ-0104* R-00027553

R-00027553C0002 PA PUC AND OCA v. MEADOWCREST WATER COMPANY, INC. On July 1, 2002, Meadowcrest filed a Tariff Supplement calculated to produce $65,353 in additional revenues. A complaint was filed by OCA. On August 8, 2002, the Commission suspended the tariff and ordered an investigation. A Public Input Hearing was held on November 6, 2002. A Joint Petition for Settlement was filed on December 20, 2002, and a Mediators Report was filed on December 23, 2002. REVIEW of ALJ Lovenwirth’s Recommended Decision approving the Settlement.


OFFICE OF ADMINISTRATIVE LAW JUDGE


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ALJ-0105* A-00117654 I-00970067

APPLICATION OF PENNDOT FOR APPROVAL OF THE ALTERATION OF THE CROSSING (DOT #592 219 J) WHERE S.R. 3019 (PARK ROAD) CROSSES, ABOVE GRADE, THE TRACKS OF CRC, IN WYOMISSING BOROUGH, BERKS COUNTY… INVESTIGATION INTO THE INSPECTION AND MAINTENANCE RESPONSIBILITY FOR THE BRIDGE NAMED ABOVE On January 23, 2001, PennDOT filed a Petition for Amendment to, or in the Alternative, Petition for New Hearing (Petition) on, a bridge rehabilitation project which exceeded the scope of the work as outlined in and ordered by Order entered May 26, 1998. On June 21, 2001, a hearing was held. On September 30, 2002, Counsel for PennDOT submitted a Stipulation of Settlement. REVIEW of ALJ Nguyen’s Recommended Decision approving the settlement.

ALJ-0106* C-20028067 NICKSON W. OYER v. PPL ELECTRIC

UTILITIES CORPORATION On June 26, 2002, a complaint was filed alleging a billing dispute. On July 18, 2002, an Answer with New Matter was filed. A hearing was held on November 20, 2002. COMMISSION REVIEW of ALJ Weismandel’s Initial Decision dismissing the complaint.

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PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA

FEBRUARY 6, 2003



FUS-0409* M-00900239 ULTRATEC®-CAPTEL TECHNOLOGY TRIAL

RECOMMENDATION that the Commission give a positive recommendation to support the CapTel Trial by way of the proposed Secretarial Letter.

FUS-1015* R-00038155 METROPOLITAN EDISON COMPANY

Supplement No. 30 to Tariff Electric-Pa. P.U.C. No. 48, to become effective February 10, 2003. RECOMMENDATION that the Commission permit the Tariff to become effective on February 10, 2003, consistent with the proposed Order.

FUS-1016* R-00038156 PENNSYLVANIA ELECTRIC COMPANY

Supplement No. 25 to Tariff Electric-Pa. P.U.C. No. 77, to become effective February 10, 2003. RECOMMENDATION that the Commission permit the Tariff to become effective on February 10, 2003, consistent with the proposed Order.

FUS-1017* R-00038154 PENNSYLVANIA ELECTRIC CO. – ELKLAND

Supplement No. 66 to Tariff Electric-Pa. P.U.C. No. 76, to become effective February 10, 2003. RECOMMENDATION that the Commission permit the Tariff to become effective February 10, 2003, consistent with the proposed Order.

FUS-1018* R-00038157 PENNSYLVANIA POWER CO.

Supplement No. 25 to Tariff Electric-Pa. P.U.C. No. 35, to become effective February 10, 2003. RECOMMENDATION that the Commission permit the Tariff to become effective February 10, 2003, consistent with the proposed Order.

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OFFICE OF SPECIAL ASSISTANTS BUREAU NO. DOCKET NO. NAME AND SUBJECT

OSA-0056 R* P-00021984

P-00021992 Petition for Approval of PECO ENERGY COMPANY’S Market Share Threshold Bidding/Assignment Process; Petition For Approval of “The Better Choice” Plan to Meet PECO Energy Company’s MST Requirements. ALJ Meehan’s January 23, 2003 Initial Decision denied the Joint Petition without reaching the merits of the MST Proposal; and directed that Hearings be scheduled. Various Exceptions were filed. RECOMMENDATION that the Commission adopt the proposed Opinion and Order addressing the matter.

OFFICE OF EXECUTIVE DIRECTOR

OED-1 CEEP

pennsylvania public utility commission public meeting ... · recommendation that the commission...

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