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PENNSYLVANIA PUBLIC UTILITY COMMISSION _______________________ PUBLIC MEETING _______________________ THURSDAY, JUNE 18, 2009 (RP) 9:30 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 Wayne E. Gardner Tyrone J. Christy James H. Cawley Kim Pizzingrilli Robert F. Powelson THE TAKING OF PHOTOGRAPHS IS PERMITTED PROVIDED FLASH IS NOT USED. The Next Public Meeting is Tentatively Scheduled for Thursday, June 25, 2009 at 10:00 A.M. Minutes of the Meeting of Thursday, May 14, 2009 (WG)

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Page 1: PENNSYLVANIA PUBLIC UTILITY COMMISSION THURSDAY, … · All public documents---such as orders, opinions, hearing transcripts, comments, initial and recommended decisions, and the

PENNSYLVANIA PUBLIC UTILITY COMMISSION_______________________

PUBLIC MEETING_______________________

THURSDAY, JUNE 18, 2009 (RP)

9:30 A.M.

MAIN HEARING ROOM NO. 1SECOND FLOOR COMMONWEALTH KEYSTONE BUILDING

_______________________

The Commission will act on various matters at today's meeting, which is open to thepublic. However, since adequate forums have been made available for public participationin cases before the Commission, there will be no opportunity for the public to addressthe Commission.

The attached agenda is complete at the time of issuance, but other items may be addedand some stricken without further notice.

The listing of an item on the agenda does not necessarily mean that the Commissionwill 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 andserved 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, maybe examined in the Commission's File Room located in Room N-201, Second Floor, thisBuilding.

The Commissioners seated on the bench are:

COMMISSIONER VICE CHAIRMAN CHAIRMAN COMMISSIONER COMMISSIONER

Wayne E. Gardner Tyrone J. Christy James H. Cawley Kim Pizzingrilli Robert F. Powelson

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

The Next Public Meeting is Tentatively Scheduled for Thursday, June 25, 2009 at 10:00 A.M.

Minutes of the Meeting of Thursday, May 14, 2009 (WG)

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***ANNOUNCEMENTS***

THE NEXT PUBLIC MEETING OF THE PENNSYLVANIA PUBLIC UTILITYCOMMISSION IS SCHEDULED FOR THURSDAY, JUNE 25, 2009 AT 10:00 A.M.IN HEARING ROOM #1, SECOND FLOOR, COMMONWEALTH KEYSTONEBUILDING, 400 NORTH STREET. AN AGENDA FOR PUBLIC MEETING WILLBE MADE AVAILABLE TO ALL COMMISSIONERS AND INTERESTED PERSONSPRIOR TO THE PUBLIC MEETING.

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

COPIES OF CHAIRMAN AND COMMISSIONERS'MOTIONS AND STATEMENTS WILL BE

AVAILABLE FOR PICK-UPIMMEDIATELY AFTER PUBLIC MEETING

IN JR. EXECUTIVE CHAMBERS3RD FLOOR KEYSTONE BUILDING

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PENNSYLVANIA PUBLIC UTILITY COMMISSION

FINAL AGENDA

June 18, 2009

BUREAU OF TRANSPORTATION & SAFETY

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1206801-TAS A-00124006 BUCKS CAB CO. (PP from 05/28/2009) - Application for the right to begin to transport as a

common carrier by motor vehicle, persons in call or demand service. RECOMMENDATION: That the Commission adopt the proposed order dismissing the application.

2025262-TAS A-2008-2025262 BUCKS CAB CO. A-00124006 - Application for the right to transport as a

common carrier by motor vehicle, persons in limousine service. RECOMMENDATION: That the Commission adopt the proposed order approving the application.

2031366-TAS A-2008-2031366 CORPORATE SEDAN SERVICE, LLC A-00121043 - Application for the right to transport as a

common carrier by motor vehicle, persons in group and party service in vehicles seating eleven (11) to fifteen (15) passengers, including the driver. RECOMMENDATION: That the Commission adopt the proposed order approving the application.

2032437-TAS C-2009-2032437 BUR OF TRANSPORTATION & SAFETY VS A-00088477 LEHIGH VALLEY TAXICAB CO., INC.

- Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained and the certificate be canceled.

2036035-TAS A-2008-2036035 NORTH CONNECTIONS LOGISTICS INC A-6210010 - Application for the right to begin to transport as a

contract carrier by motor vehicle, persons for CSX Transportation. RECOMMENDATION: That the Commission adopt the proposed order approving the application as amended.

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Withdrawn by the Bureau of Transportation and Safety.
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Vote 5-0.
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Withdrawn by the Bureau of Transportation and Safety.
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Vote 5-0.
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BUREAU OF TRANSPORTATION & SAFETY

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2041583-TAS A-2008-2041583 NORMAN L MASER A-6410125 - Application for the right to transport as a

common carrier by motor vehicle, persons in paratransit service limited to those persons whose personal convictions prevent them from owning or operating motor vehicles. RECOMMENDATION: That the Commission adopt the proposed order approving the application.

2043204-TAS C-2009-2043204 BUR OF TRANSPORTATION & SAFETY VS A-00124078 CATHERINE C. HUNT

- Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, the certificate be canceled, and the Respondent be fined $250.00.

2043351-TAS C-2008-2043351 BUR OF TRANSPORTATION & SAFETY VS A-00117432 IN DISGUISE, LLC

- Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, the certificate be canceled, and the Respondent be fined $350.00.

2044517-TAS C-2008-2044517 BUR OF TRANSPORTATION & SAFETY VS A-00120583 ASHRAF A. MUSLEH

- Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, the certificate be canceled, and the Respondent be fined $250.00.

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Vote 4-0 with Commissioner Powelson Abstaining.
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BUREAU OF TRANSPORTATION & SAFETY

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2047428-TAS C-2008-2047428 BUR OF TRANSPORTATION & SAFETY VS A-00121789 MICHAEL A. NOLL t/a NOLL TRUCKING

- Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, the certificate be canceled, and the Respondent be fined $250.00.

2049012-TAS C-2008-2049012 BUR OF TRANSPORTATION & SAFETY VS A-00109706 TRAILWOOD TRANSPORTATION, INC.

- Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, the certificate be canceled, and the Respondent be fined $250.00.

2064873-TAS A-2008-2064873 RAYMOND DUNKLE T/A DUNKLE A-6410479 TRANSPORTATION

- Application for the right to transport as a common carrier by motor vehicle, persons in paratransit service limited to those persons whose personal convictions prevent them from owning or operating motor vehicles. RECOMMENDATION: That the Commission adopt the proposed order approving the application.

2066031-TAS C-2008-2066031 BUR OF TRANSPORTATION & SAFETY VS A-00109070 STEVEN S. CHURNER

- Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, the certificate be canceled, and the Respondent be fined $250.00.

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BUREAU OF TRANSPORTATION & SAFETY

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2071009-TAS C-2008-2071009 BUR OF TRANSPORTATION & SAFETY VS A-00124087 FREDRICK A. MELONE, JR.

- Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, the certificate be canceled, and the Respondent be fined $250.00.

2074261-TAS C-2008-2074261 BUR OF TRANSPORTATION & SAFETY VS A-00124012 ROSENBERGER'S PAVING & CONCRETE,

INC. - Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, the certificate be canceled, and the Respondent be fined $250.00.

2077642-TAS C-2009-2077642 BUR OF TRANSPORTATION & SAFETY VS A-00120843 MICHAEL R. & INSUK NAPOLITAN t/a TAXI

SOUTH - Complaint alleging respondent abandoned or discontinued service without having first filed an application to discontinue service. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, that the certificate be canceled, and the Respondents be fined $100.00, for failure to file an Answer to the Complaint.

2078685-TAS C-2008-2078685 BUR OF TRANSPORTATION & SAFETY VS A-00115800 ABAS CAB CORP.

- Complaint alleging respondent abandoned or discontinued service without having first filed an application to discontinue service. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained and that the certificate be canceled.

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BUREAU OF TRANSPORTATION & SAFETY

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2086489-TAS C-2009-2086489 BUR OF TRANSPORTATION & SAFETY VS A-00119500 DUNFAR, INC. t/a HAPPY TIMES

- Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, the certificate be canceled, and the Respondent be fined $250.00.

2086505-TAS C-2009-2086505 BUR OF TRANSPORTATION & SAFETY VS A-00117808 EUGENE VANDERGRIFT

- Complaint alleging failure to maintain proof of bodily injury and property damage liability insurance and/or cargo insurance on file with the Commission. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained, the certificate be canceled, and the Respondent be fined $250.00.

2086581-TAS R-2009-2086581 CONSHOHOCKEN YELLOW CAB, INC. - Increase in Rates. Norristown, Montgomery County. RECOMMENDATION: That Tariff Paratransit Pa. PUC No. 6 be denied.

2086583-TAS R-2009-2086583 CONSHOHOCKEN YELLOW CAB, INC. - Increase in rates. Norristown, Montgomery County. RECOMMENDATION: That Tariff Call or Demand Pa. PUC No. 11 be denied.

2086585-TAS R-2009-2086585 NORRISTOWN YELLOW CAB CO., INC. - Rate Increase. Norristown, Montgomery County. RECOMMENDATION: That Tariff Call or Demand Pa. PUC No. 16 be denied.

2086586-TAS R-2009-2086586 NORRISTOWN YELLOW CAB CO., INC. - Increase in rates. Norristown, Montgomery County. RECOMMENDATION: That Tariff Paratransit Pa. PUC No. 8 be denied.

2086593-TAS R-2009-2086593 NORRISTOWN TRANSPORTATION CO. - Increase in rates. RECOMMENDATION: That Tariff Call or Demand Pa. PUC No. 5 be approved effective 6/22/09.

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BUREAU OF TRANSPORTATION & SAFETY

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2086594-TAS R-2009-2086594 NORRISTOWN TRANSPORTATION CO. - Increase in rates. RECOMMENDATION: That Tariff Paratransit-Pa. PUC No. 2 be denied.

2087227-TAS A-2009-2087227 PENNDOT M-00021686 - Application for the approval of bridge

construction over tracks of CSX Transportation, Inc., in Philadelphia County. RECOMMENDATION: That the Commission adopt the order approving the application, allocating costs and providing for exemption from the Commission minimum.

2093693-TAS C-2009-2093693 BUR OF TRANSPORTATION & SAFETY VS A-00121400 BEST SERVICE CAB CO.

- Complaint alleging respondent abandoned or discontinued service without having first filed an application to discontinue service. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained and that the certificate be canceled.

2093707-TAS C-2009-2093707 BUR OF TRANSPORTATION & SAFETY VS A-00103999 R.L. D'ANJOLELL MEMORIAL HOME

- Complaint alleging respondent abandoned or discontinued service without having first filed an application to discontinue service. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained and that the certificate be canceled.

2093709-TAS C-2009-2093709 BUR OF TRANSPORTATION & SAFETY VS A-00114932 AMAN & KARN, INC.

- Complaint alleging respondent abandoned or discontinued service without having first filed an application to discontinue service. RECOMMENDATION: That the Commission adopt the order directing that the complaint be sustained and that the certificate be canceled.

2094032-TAS A-2009-2094032 JUAN RODRIGUEZ-MELENDEZ A-6410811 - Application 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.

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BUREAU OF TRANSPORTATION & SAFETY

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2094535-TAS A-2009-2094535 PHILLY LIMO INC A-00123405 - Application for the approval of the transfer of the

common carrier limousine right held by Luis Escobar at A-00123405. RECOMMENDATION: That the Commission adopt the proposed order approving the application.

2095408-TAS A-2009-2095408 METRO TRANSPORTATION OF A-6310920 PENNSYLVANIA LLC T/A METRO TAXI

- Application for the right to begin to transport as a common carrier by motor vehicle, persons upon call or demand. Pittsburgh, Allegheny County. RECOMMENDATION: That the Commission adopt the proposed order approving the application.

2096869-TAS A-2009-2096869 CUSA ES LLC T/A COACH AMERICA CREW A-6210936 TRANSPORT

- Application for the right to begin to transport as a common carrier by motor vehicle, persons in paratransit service for Canadian Pacific Railway. RECOMMENDATION: That the Commission adopt the proposed order approving the application.

2097537-TAS A-2009-2097537 SHARON M AULT T/A SHARON AULT A-6910952 TOURS

- Application for the right to operate as a broker. Williamsport, Lycoming County. RECOMMENDATION: That the Commission adopt the proposed order approving the application.

2097546-TAS A-2009-2097546 GRAYBILL, EUGENE H. A-00120267 - Application for the discontinuance of service and

cancellation of its certificate to transport as a common carrier by motor vehicle, persons in paratransit service limited to those persons whose personal convictions prevent them from owning or operating motor vehicles. RECOMMENDATION: That the Commission adopt the proposed order approving the application.

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BUREAU OF TRANSPORTATION & SAFETY

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2100652-TAS A-2009-2100652 WALLS/DELAWARE VALLEY HAVERTOWN/ A-8910987 WESTTOWN MOVERS LLC

- Application for the right to begin to transport as a common carrier by motor vehicle, household goods in use, which is to be a transfer of all rights authorized under the certificates issued at A-00106821 to C. James Link, t/a Wall's Delaware Valley Moving and Storage. RECOMMENDATION: That the Commission adopt the proposed order approving the application.

2108518-TAS R-2009-2108518 FUEL COST RECOVERY SURCHARGE S.P.28209 - Request filed on 5/14/09 by PA TaxiCab &

Paratransit Association, on behalf of its members,for an extension of the Fuel Cost Recovery Surchargefor call or demand, paratransit and airport transfer carriers. RECOMMENDATION: That the Commission allow call or demand, paratransit and airport transfer carriers to continue utilizing the Fuel Cost Recovery Surcharge at Special Permission No. 28209 and that it be extended until midnight, 6/14/10.

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BUREAU OF ADMINISTRATIVE SERVICES

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2111202-BAS M-2009-2111202 ASSESSMENTS ON LECS - Assessments for Broadband Outreach and Aggregation Fund and Education Technology Fund for FY 09-10 on LECs that filed an amended Network Moderization Plan under 66 Pa.C.S. §3014 (B)(2) or (3). RECOMMENDATION: That the Secretarial Letters be served advising of the assessments.

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BUREAU OF AUDITS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2071431-AUD D-2008-2071431 PECO ENERGY CO. M-2008-2056904 - Auditor's Report on the Electric Universal

Service Fund Charge for the year ended 12/31/07. RECOMMENDATION: The Commission release the Audit Report and make it a public document.

2108192-AUD D-2009-2108192 PECO ENERGY CO. - Auditor's Report on the Competitive Transition Charge and Intangible Transition Charge for the twelve months ended 1/31/08. RECOMMENDATION: The Commission release the Audit Report and make it a public document.

2110778-AUD M-2009-2110778 WELLSBORO ELECTRIC CO. - Generation Supply Service Rates. RECOMMENDATION: That the Commission approve Supplement No. 44 to Tariff Electric-Pa. PUC No. 8, reflecting a GSSR of $0.077516 cents per KWH, effective 7/1/09.

2110794-AUD M-2009-2110794 CITIZENS ELEC CO. OF LEWISBURG - Generation Supply Service Rates. RECOMMENDATION: That the Commission approve Supplement No. 44 to Tariff Electric-Pa. PUC 14, reflecting a GSSR of $0.074230 cents per KWH, effective 7/1/09.

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OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1119050-OSA I-00870060 MONTOUR RAILROAD CO. - Investigation upon the Commission's own Motion into the matters pertaining to all rail-highway crossings-above the grade, below the grade, and at the same grade as the tracks of the entire system of the Montour Railroad Company, a wholly owned subsidiary of the Pittsburgh and Lake Erie Railroad Company, in eleven municipalities in the counties of Allegheny and Washington. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order granting the petition for an 18-month extension with the proviso that Montour Railroad first file a plan for approval within 6-months.

1121115-OSA M-00900239 PA TELECOMMUNICATIONS RELAY SERVICE ADVISORY BOARD- The appointment of memebers to the TRS Advisory Board for two-year terms. The nominees are to serve a two-year period that will expire on or about 6/18/11. RECOMMENDATION: That the Commission adopts the Opinion and Order appointing the nominees to serve on the TRS Board for the two-year term ending 6/18/11.

1148036-OSA A-00115999 BUR OF TRANSPORTATION & SAFETY VS(PP from 05/28/2009) A-00115999C0401 NORRIS, RONALD E., JR. T/A GET ON THE BUS

- Complaint instituted on 9/9/04, alleging that the Petitioner failed to maintain evidence of insurance on file with the Commission. The complaint was served on the Petitioner on 10/7/04. No answer to the complaint was filed in a timely manner. By Order issued on 1/21/05, the Commission sustained the complaint and cancelled the Petitioner’s Certificate. On 10/31/08, the Petitioner filed the instant Petition for Reinstatement of Certificate. BTS filed an Answer to the Petition on 3/3/09. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order which refers the matter to OALJ for evidentiary hearings.

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Motion by Commissioner Powelson. Vote 5-0.
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OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1197285-OSA C-20065790 LAW BUREAU PROSECUTORY STAFF VS (PP from 05/28/2009) EQUITABLE GAS CO.

- Formal Complaint filed on 1/19/06, alleging violations of state and federal law, 49 C.F.R. § 192 and 52 Pa. Code § 59.33, related to a gas explosion on 8/21/04, that destroyed a home and seriously injured a resident at 336 Jacks Run Road, Allegheny County. Equitable filed an Answer to the complaint and met with Commission Staff for the purpose of settlement. Based on the results of the investigation of the Commission’s Gas Safety Division and the settlement discussions, Equitable and Prosecutory Staff filed a proposed Settlement on 5/8/07. On 8/22/08, the Commission issued a Tentative Order for comment and directed the parties to file Statements in Support of the Settlement. Equitable filed Comments and a Statement in Support on 9/11/08, and the Prosecutory Staff filed a Statement in Support on 11/20/08. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order approving the Settlement.

1205694-OSA P-00072306 CITIZENS ELEC CO. OF LEWISBURG P-00072307 WELLSBORO ELECTRIC CO.

- Petition for Clarification filed on 4/21/09, seekingclarification of the terms of their Default Service Procurement Plan. Specifically, the companies seek Commission approval to clarify that the companies should fill 25 MW of their base load need in the first five months of 2010 through monthly purchases, as opposed to an annual product. No parties filed opposition to the companies' Petition. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order which grants the companies' Petition.

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Motion by Vice Chairman Christy. Vote 3-2 with Commissioner Pizzingrilli and Commissioner Powelson Dissenting.
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Vote 5-0.
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OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1206439-OSA A-00123934 PATTERSON, KAREN T/A PATTERSON TRANSPORTATION SERVICE - Application filed on 6/28/07, seeking authority to transport, as a common carrier, by motor vehicle, persons, in paratransit service, from points in the City of Philadelphia, to points in PA, and return. Notice of the Application was published in the PA Bulletin on 7/28/07, with Protests due by 8/20/07. On 8/14/07, a timely Protest was filed by Success America, Inc. On 8/29/07, the parties entered into a Restrictive Amendment. By Tentative Order issued 1/24/08, the Commission adopted the Bureau of Transportation and Safety’s recommendation to reject the Restrictive Amendment, and afforded the parties 10 days to file comments or initiate proceedings. On 1/28/08, Success America filed Comments to the Tentative Order. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order which refers the matter to the Office of ALJ for evidentiary hearings.

2019420-OSA F-2008-2019420 TIONA JACOBUCCI VS PEOPLES NATURAL GAS - Formal Complaint filed on 2/25/09, alleging that she was the victim of identity theft and that she should not be held responsible for an account for gas service to an address at a home where her daughter resides. Peoples filed an Answer on 4/17/08. By ALJ Meehan's Initial Decision issued 4/6/09, the complaint was dismissed for failure to appear and prosecute her complaint. Ms. Jacobucci filed Exceptions dated 4/18/2009. No Reply Exceptions were filed.

RECOMMENDATION: That the Commission adopt the proposed Opinion and

Order that denies the Exceptions and adopts the ALJ Initial Decision. Page 13

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Statement by Vice Chairman Christy. Vote 5-0.
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Vote 5-0.
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OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2022125-OSA F-2008-2022125 FRANCENE TEARPOCK MARTIN VS UGI UTILITIES - ELECTRIC DIVISION- Formal Complaint filed on 2/26/08, alleging that agents for UGI trespassed on her private property and, without notice and permission, “chopped up” her rare specimen tree. In addition, the Complainant alleged that UGI inappropriately placed an electric pole in the middle of the sidewalk running parallel and adjacent to her property; thereby creating a hazard and obstruction. By Initial Decision issued 03/24/09, ALJ Melillo sustained the complaint to the extent that she directed UGI to take all necessary measures to ensure that property owners receive prior notice of vegetation line clearance. The ALJ also imposed a fine of $200 on UGI because the Complainant did not receive prior notice of the tree trimming. The ALJ denied the complaint in all other respects. The Complainant filed Exceptions on 04/21/09. Reply Exceptions were filed by UGI on 05/06/09. RECOMMENDATION: That the Commission deny the Exceptions and adopt the ALJ’s Initial Decision, consistent with the Opinion and Order.

2026518-OSA C-2008-2026518 WALLACE & JANET LOUISE MARTIN JR VS EQUITABLE GAS COMPANY - Formal Complaint filed on 1/22/08, alleging a billing dispute and requesting removal of their names and account number from records. Equitable filed an Answer and New Matter on 3/25/08, and the Martins respondend on 4/7/08. Initial Decision of ALJ Meehan issueded on 3/24/09, dismissed the Martins' complaint for failure to appear and prosecute their complaint. The Martins filed Exceptions 3/30/09. Equitable filed Reply Exceptions on 4/9/09.

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OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2049306-OSA C-2009-2049306 BUR OF TRANSPORTATION & SAFETY VS KEVIN SWOPE t/a SWOPE'S MOVING & DELIVERY SVC - Settlement filed on 4/27/09, in order to satisfy the complaint. In the complaint, BTS averred that Respondent provided transportation of household goods between points in PA while not holding a certificate. BTS requested a civil penalty of $1,000. As part of the Settlement, Respondent agreed to comply with the Code and BTS agreed to a reduced penalty of $500. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order which approves the Settlement as filed.

2052015-OSA F-2008-2052015 EDMUND D EFFORT VS DUQ LIGHT CO. - Formal Complaint filed on 6/30/08, alleging that Duquesne had caused to have adverse payment information entered in his credit profile and had not removed it following resolution of a prior informal complaint. A hearing was held. ALJ Hoyer issued an Initial Decision on 4/7/2009, dimissing the complaint. Exceptions were filed by the Complainant on 4/23/2009. Reply Exceptions were filed by Duquesne on 5/8/2009. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order that denies the Exceptions and dismisses the Formal Complaint.

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OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2059564-OSA C-2008-2059564 SAUNDRA FAYE ADAMS VS ALLEGHENY ENERGY - Complaint filed 8/18/08, objecting to the location of Allegheny's pole on her property. On 9/16/08, Allegheny filed an Answer to the complaint and averred its utility pole located on or near Complainant's property was validly situated. On 3/16/09, ALJ Dunderdale issued an Initial Decision dismissing the complaint, in part, for lack of jurisdiction and for failure on the part of the Complainant to meet her burden of proof. On 4/22/09, the Complainant filed Exceptions to the Initial Decision. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order that denies Complainant's Exceptions and adopts the Initial Decision consistent with the Opinion and Order.

2065498-OSA C-2008-2065498 NEW FIZON CATERING, INC. VS PECO C-2008-2079076 ENERGY CO.

- Formal Complaint filed on 9/10/08, alleging that PECO failed to bill the Complainant accurately for service. On 12/8/08, New Fizon filed a second complaint regarding the same billing dispute and PECO filed an Answer and a Motion to Consolidate and Dismiss. By Initial Decision issued 3/10/09, ALJ Chestnut dismissed New Fizon’s complaint for failure to be represented by an attorney and for failure to comply with the ALJ’s Prehearing Order. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order that denies the Exceptions and adopts the ALJ’s Initial Decision.

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OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2100878-OSA A-2009-2100878 US LEC OF PENNSYLVANIA INC and VZ NORTH - Joint Petition filed on 4/10/09, seeking approval to opt into an existing Interconnection Agreement and Amendment, pursuant to Section 252(i) and 252(e) of the Telecommunications Act of 1996. Notice of the Joint Petition was published in the PA Bulletin on 4/25/09. No comments were received. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order which grants the Joint Petition.

2100919-OSA A-2009-2100919 PAETEC COMMUNICATIONS, INC. and VZ NORTH - Joint Petition filed on 3/11/09, seeking approval of the adoption of an existing Interconnection Agreement, pursuant to Section 252(i) of the Telecommunications Act of 1996. Notice of the Joint Petition was published in the PA Bulletin on 4/25/09. No comments or protests were received. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order that grants the Joint Petition.

2103527-OSA A-2009-2103527 BENTLEYVILLE, SPRINT, NEXTEL andNPCR - Joint Petition was filed on 4/23/09, seeking approval of a Wireless Interconnection and Reciprocal Compensation Agreement, pursuant to Section 252(e) of the Telecommunications Act of 1996, regarding The Bentleyville Telephone Company d/b/a Fairpoint Communications, Inc. and Sprint Spectrum LP d/b/a Sprint PCS; Nextel Communications of the Mid Atlantic, Inc.; Nextel of New York, Inc.; Nextel West Corp.; NPCR, Inc. A notice was published in the PA Bulletin on 5/9/09 . No comments or protests were received. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order that grants the Joint Petition.

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OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2103547-OSA A-2009-2103547 SELECTEL INC and VZ PA INC. - Joint Petition filed on 4/27/09, seeking approval of an Interconnection Agreement, pursuant to Section 252(e) of the Telecommunications Act of 1996. Notice of the Joint Petition was published in the PA Bulletin on 5/09/09. No comments were received. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order which grants the Joint Petition.

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BUREAU OF FIXED UTILITY SERVICES

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1121244-FUS M-00920357 LYCOMING COUNTY 911 SYSTEM - Renewal Plan filed on 4/14/09, by PEMA with the request that the Commission formally review the costs associated with the contribution rate of $1.25 per access line per month and make a recommendation to PEMA within 90 days of the receipt date. RECOMMENDATION: That the Commission adopt the proposed Order.

1121319-FUS M-00930426 COLUMBIA COUNTY 911 SYSTEM - Renewal Plan filed on 4/24/09, from PEMA with the request that the Commission formally review the costs associated with the contribution rate of $1.50 per access line per month and make a recommendation to PEMA within 90 days of the receipt date. RECOMMENDATION: That the Commission adopt the proposed Order.

1121444-FUS M-00940537 CLARION COUNTY 911 SYSTEM - Renewal Plan filed on 4/22/09, by PEMA with the request that the Commission formally review the costs associated with the contribution rate of $1.50 per access line per month and make a recommendation to PEMA within 90 days of the receipt date. RECOMMENDATION: That the Commission adopt the proposed Order.

1121591-FUS M-00940637 ALLEGHENY COUNTY 911 SYSTEM - Renewal Plan filed on 4/20/09, by PEMA with the request that the Commission formally review the costs associated with the contribution rate of $1.00 per access line per month and make a recommendation to PEMA within 90 days of the receipt date. RECOMMENDATION: That the Commission adopt the proposed Order.

1150356-FUS A-125046 CORAL ENERGY RESOURCES LP - Petition filed on 3/25/09, to abandon its natural gas supplier license. RECOMMENDATION: That the Commission adopt the proposed Order.

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BUREAU OF FIXED UTILITY SERVICES

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1190878-FUS P-00981427F1000 BENTLEYVILLE COMMUNICATIONS D/B/A P-2008-2041988 FAIRPOINT COMMUNICATIONS

- 2009 Price Stability Index/Service Price Index filing.No tariffs were filed. On 5/1/09, the subject report was filed. No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

1190886-FUS P-00981431F1000 HICKORY TELEPHONE CO. - 2009 Price Stability Index/Service Price Index filing. No tariffs were filed. On 5/1/09, the subject Report was filed. No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

1190887-FUS P-00981432F1000 LACKAWAXEN TELECOMMUN SVCS INC - 2009 Price Stability Index/Service Price Index filing. No tariffs were filed. On 5/1/09, the subject Report was filed. No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

1190889-FUS P-00981434F1000 MARIANNA & SCENERY HILL TEL CO. P-2008-2041995 - 2009 Price Stability Index/Service Price Index

filing. No tariffs were filed. On 5/1/09, the subject Report was filed. No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

1190890-FUS P-00981435F1000 NORTH-EASTERN PA. TEL. CO., THE - 2009 Price Stability Index/Service Price Index filing. No tariffs were filed. On 5/1/09, the subject Report was filed. No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

1190892-FUS P-00981437F1000 CONSOLIDATED COMMUNICATIONS OF PA - 2009 Price Stability Index/Service price Index filing. No tariffs were filed. On 4/30/09, the subject Report was filed. No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

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BUREAU OF FIXED UTILITY SERVICES

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1199702-FUS A-110170 PREMIER POWER SOLUTIONS, LLC - Request to amend its electric generation supplier license filed on 4/30/09, to include the service territories of all electric distribution companies, within the Commonwealth of PA. RECOMMENDATION: That the Commission adopt the proposed Order.

2069803-FUS A-2008-2069803 HOUSTON RUN COMMUNITY WATER SYSTEM LLC - Application filed on 9/29/08, for approval to begin to offer, render, furnish or supply water service to the public within Houston Run Development located in Salisbury Township, Lancaster County. Proofs of publication and service to the appropriate entities were submitted. No protests were filed and no hearings were conducted. RECOMMENDATION: That the Commission adopt the proposed Order.

2088287-FUS A-2009-2088287 WEST PENN POWER CO. - Letter of Notification filed on 2/2/09, pursuant to 52 Pa. Code Chapter 57.72 (d), with respect to the Reconductoring of the Mitchell-Shepler Hill 138 kV Transmission Line in Forward Township, Allegheny County and Rostraver Township, Westmoreland County. Authority for this procedure is provided for at §57.72(d)(1)(v). No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

2099208-FUS R-2009-2099208 PECO ENERGY COMPANY-ELECTRIC - Request to implement a surcharge for the recovery of Consumer Education Plan costs. The Consumer Education Charge (CEC) is to reflect the costs associated with the Consumer Education Plan in accordance with the Commission’s Final Order approved at Docket No. M-2008-2032274 on 8/7/08, and the cost recovery tariff approved at Docket P-2008-2062741 on 3/12/09. RECOMMENDATION: That the Commission adopt the proposed Order.

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BUREAU OF FIXED UTILITY SERVICES

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2100767-FUS A-2009-2100767 PPL ELECTRIC UTILITIES CORP- Letter of Notification filed on 4/10/09, pursuant to 52 Pa. Code Chapter 57.72 with respect to the West Hempfield – Dillerville #1 and #2 138 kV Tie and the Dillerville #1 and #2 138/69 kV Taps in the City of Lancaster, Lancaster County. Authority for this procedure is provided for at §57.72(d) (1). No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

2101493-FUS A-2009-2101493 PENNSYLVANIA AMERICAN WATER COMPANY - Application filed on 4/17/09, for approval of the right to offer, render, furnish or supply water service to the public in additional portions of Mount Pleasant Township, Washington County. No protests were filed and no hearings were conducted. Proofs of publication and service to appropriate entities were submitted. RECOMMENDATION: That the Commission adopt the proposed Order.

2105156-FUS S-2009-2105156 YORK WATER CO. - Securities certificate with respect to the issuance and sale of up to 2.0 million shares of common stock. RECOMMENDATION: That the Commission adopt the proposed Order.

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COMBINED BUREAU AGENDA

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2095663-FUS R-2009-2095663 BOROUGH OF FAIRCHANCE - Tariff Water-Pa. P.U.C. No. 2 filed on 3/10/09, proposing an annual increase in rates of $58,597 (16.0%) to become effective 6/1/09, and voluntarily postponed to 6/19/09. RECOMMENDATION: That the Commission adopt the proposed Order.

2095663-OTS R-2009-2095663 BOROUGH OF FAIRCHANCE - Tariff #2 Water - Pa. PUC No. 1 issued, cancelling Tariff #1 Water-Pa. PUC No.1 to become effective 6/1/09, and voluntarily postponed to 6/19/09, proposing an increase of $58,597 representing an increase in annual revenues of 16%. RECOMMENDATION: That the Commission permit the filing to become effective 6/19/09 in its entirety.

2097323-FUS R-2009-2097323 PENNSYLVANIA AMERICAN WATER COMPANY - Supplement No. 226 to Tariff Water - Pa. P.U.C. No. 4, filed on 4/24/09, proposing an annual increase in rates of $58,062,930 (12.5%) to become effective 6/23/09, using a future test year ending 12/31/09. Formal complaints have been filed. RECOMMENDATION: That the Commission adopt the proposed Order.

2097323-OTS R-2009-2097323 PENNSYLVANIA AMERICAN WATER COMPANY - Supplement No. 226 to Tariff Water - Pa. PUC No 4, filed on 4/24/09, to become effective 6/23/09, proposing an increase of $58,062,930, representing an increase in annual revenues of 12.5%. RECOMMENDATION: That the Commission institute an investigation and allow the filing to be suspended by operation of law for a period of 7 months, or through 1/23/10.

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LAW BUREAU

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1095148-LAW A-310043F0002 NOS COMMUNICATIONS, INC.- Tentative Order entered on 6/1/09, for failure to file its 2007 Telecommunications Relay Service Annual Access Line Summary Report and its 2007 TRS Tracking Report. Even before the Tentative Order was entered, however, the company’s outside consultant had contacted Commission staff and immediately filed the missing reports and agreed to send a letter to the Secretary’s Bureau with updated contact information. RECOMMENDATION: That the Commission adopt the proposed Order rescinding the Tentative Order entered.

1194906-LAW A-311382 STARVOX COMMUNICATIONS, INC - Failure to file its 2007 Annual Report. Commission staff was recently advised that the company is out of business, and telephone calls to the last known business address confirmed that the phone number is disconnected and no information is available for any new phone numbers. RECOMMENDATION: That the Commission adopt the proposed Tentative Order that revokes the company’s certificate of public convenience after a 30-day comment period following publication in the PA Bulletin, absent adverse comment.

1201719LAW C-20066829 LAW BUREAU PROSECUTORY VS TELECENTS COMMUNICATIONS, INC. - Formal Complaint filed on 9/7/06, for failure to pay Universal Service Fund assessments. Service was not perfected and the complaint was inadvertently, not reserved until 1/28/09. No answer has been filed and delinquent assessments remain. RECOMMENDATION: That the Commission adopt the proposed Default Order revoking the certificate of public convenience.

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LAW BUREAU

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1204071-LAW A-311437F0002 VCI COMPANY T/A VILAIRE COMMUNICATIONS - Failure to file its 2008 TRS Annual Access Line Summary Report. Commission staff has been advised that the company is out of business. Furthermore, telephone calls to the last known business address confirmed that the phone number is disconnected and no information is available for any new phone numbers. RECOMMENDATION: That the Commission adopt the proposed Tentative Order that revokes the company’s certificate of public convenience after a 30-day comment period following publication in the PA Bulletin, absent adverse comment.

2092655-LAW M-2009-2092655 SMART METER TECHNOLOGY - Implementation of Act 192 of 2008. The PA General Assembly directed EDCs with more than 100,000 customers to file smart meter technology procurement andinstallation plans with the Commission for approval. 66 Pa. C.S. § 2807(f). The Implementation Order establishes the standards each plan must meet and provides guidance on the procedures for submittal, review and approval of all aspects of each smart meter plan. The Implementation Order also establishes minimum smart meter capability and guidance on the Commission’s expectations for deployment of smart meters. RECOMMENDATION: That the Commission adopt the Implementation Order establishing procedures and guidelines EDCs must follow in submitting their smart meter procurement and installation plans for Commission approval.

2093271-LAW C-2009-2093271 LAW BUREAU PROSECUTORY STAFF VS NATIONAL TELEPHONE EXCHANGE, INC. - Formal Complaint filed on 3/4/09, for failure to pay Universal Service Fund assessments. No answer has been filed and delinquent assessments remain. RECOMMENDATION: That the Commission adopt the proposed Default Order revoking the certificate of public convenience.

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LAW BUREAU

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2106415-LAW P-2009-2106415 CONSOLIDATED COMMUNICATIONS OF PENNSYLVANIA COMPANY - Petition for Protective Order filed with the PSI/SPI filing even though it didn't have to and its filing was in accord with prior year's Protective Order. RECOMMENDATION: That the Commission adopt the Secretarial letter denying petition as moot.

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OFFICE OF ADMINISTRATIVE LAW JUDGE

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1178022-ALJ C-20030388 BRESTENSKY, DAVE VS PITTSBURGH & SHAWMUT RAILROAD CO - Complaint filed on 6/5/03, alleging the Railroad Company’s bridge carrying Clinton Road was in poor condition and requested the Commission to order P&S to make repairs to the bridge. The complaint was served on P&S, Armstrong County, and PennDOT. Answers to the complaint were filed between 7/14/03 and 8/18/03. Numerous hearings were scheduled and cancelled due to the parties continuing attempt to settle the complaint. On 12/08/08, a Stipulation of Settlement was filed. COMMISSION REVIEW: That the Commission adopt ALJ Meehan Recommended Decision approving the Settlement.

2028945-ALJ C-2008-2028945 KIMBERLY GLOMBOSKI VS UGI PENN (PP from 05/28/2009) NATURAL GAS

- Complaint filed on 2/06/08, alleging a billing dispute. On 3/31/08, UGI filed its answer. A hearing was held on 8/26/08. COMMISSION REVIEW: That the Commission adopt ALJ Jandebeur's ID dismissing the complaint.

2064344-ALJ C-2008-2064344 WILLIAM J BORLAK VS COLUMBIA GAS OF PENNSYLVANIA INC - Complaint was filed on 9/12/08, alleging Columbia Gas improperly charged excessive rates for two rental units owned by Complainant. Columbia filed its answer and new matter on 10/14/08. On 12/16/08, a hearing was held. COMMISSION REVIEW: That the Commission adopt ALJ Dunderdale's Initial Decision dismissing the case.

2083013-ALJ C-2009-2083013 ROBERT TAYLOR VS PA AMERICAN WATER COMPANY - Complaint filed on 12/29/08, alleging a service quality violation. On 01/28/09, PAWC filed its answer and new matter, along with preliminary objections seeking to dismiss the complaint. COMMISSION REVIEW: That the Commission adopt ALJ Salapa's Initial Decision dismissing the case.

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OFFICE OF ADMINISTRATIVE LAW JUDGE

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2086059-ALJ C-2009-2086059 WILLIAM L JONES VS KNOX ENERGY COOPERATIVE - Complaint was filed on 10/24/08, alleging a billing dispute. Knox Energy filed its answer and new matter on 02/18/09. No hearing was held. COMMISSION REVIEW: That the Commission adopt ALJ Melillo's Initial Decision dismissing the case.

2086903-ALJ M-2009-2086903 NEWTOWN ARTESIAN WATER CO. - Annual Section 1307(e) DSIC Reconciliation Statement filed on 1/27/09, setting forth its DSIC over/(under) collections for the 12-month period ended 12/31/08. A hearing was held on 04/08/09. COMMISSION REVIEW: That the Commission adopt ALJ Melillo's Recommended Decision accepting the Statement insofar as it is undisputed.

2087906-ALJ M-2009-2087906 UNITED WATER PENNSYLVANIA INC - Annual Section 1307(e) DSIC Reconciliation Statement filed on 1/29/09, setting forth its DSIC over/(under) collections for the 12-month period ended 12/31/08. A hearing was held on 04/08/09. COMMISSION REVIEW: That the Commission adopt ALJ Melillo's Recommended Decision accepting the Statement, insofar as it is undisputed.

2087917-ALJ M-2009-2087917 PENNSYLVANIA AMERICAN WATER COMPANY - Annual Section 1307(e) DSIC Reconciliation Statement filed on 2/2/09, setting forth its DSIC over/(under) collections for the 12-month period ended 12/31/08. A hearing was held on 04/08/09. COMMISSION REVIEW: That the Commission adopt ALJ Melillo's Recommended Decision accepting the Statement, insofar as it is undisputed.

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OFFICE OF ADMINISTRATIVE LAW JUDGE

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2088376-ALJ M-2009-2088376 YORK WATER CO. - Annual Section 1307(e) DSIC Reconciliation Statement filed on 2/3/09, setting forth its DSIC over/(under) collections for the 12-month period ended 12/31/08. A hearing was held on 04/08/09. COMMISSION REVIEW: That the Commission adopt ALJ Melillo's Recommended Decision accepting the Statement, insofar as it is undisputed.

2089376-ALJ M-2009-2089376 COLUMBIA WATER CO. - Annual Section 1307(e) DSIC Reconciliation Statement filed on 2/9/09, setting forth its DSIC over/(under) collections for the 12-month period ended 12/31/08. A hearing was held on 04/08/09. COMMISSION REVIEW: That the Commission adopt ALJ Melillo's Recommended Decision accepting the Statement, insofar as it is undisputed.

2093221-ALJ M-2009-2093221 AQUA PENNSYLVANIA, INC. - Annual Section 1307(e) DSIC Reconciliation Statement filed on 2/27/09, setting forth its DSIC over/(under) collections for the 12-month period ended 12/31/08. A hearing was held on 04/08/09. COMMISSION REVIEW: That the Commission adopt ALJ Melillo's Recommended Decision accepting the Statement, insofar as it is undisputed.

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PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA

June 18, 2009

OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1146790-OSA A-00115795 BALAN CAB CO. C-2008-2078686 - BTS instituted a Complaint on 1/2/09, alleging

that the failure to file an application prior to abandoning or discontinuing service and failure to maintain adequate, efficient and safe service and facilities. The Petitioner did not file an answer the Complaint. By Order entered 4/2/09, the Commission cancelled the Petitioner’s Certificates of Public Convenience. On 4/20/09, the Petitioner filed a Petition for Reinstatement. BTS did not file an answer to the Petition. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order which grants the Petition.

1172031-OSA A-00119272 MALHI, T.S., CAB CO C-2008-2067651 - BTS instituted a Complaint on 12/12/08, alleging

failure to file an application prior to abandoning or discontinuing service and, failure to maintain adequate, efficient and safe service and facilities. The Complaint was sent to the Petitioner via Certified Mail on 12/12/08, and returned on 1/13/09 marked “unclaimed.” The Complaint was published in the PA Bulletin on 1/31/09. The Petitioner did not file and answer to the Complaint. By Order entered 4/2/09, the Commission cancelled the Petitioner’s Certificates of Public Convenience. On 4/9/09, the Petitioner filed a Petition for Reinstatement. BTS did not file an answer to the Petition. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order which grants the Petition for Reinstatement.

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OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

1205263-OSA A-00115480F0006 COREY TRANSPORT LLC C-2009-2028295 - BTS instituted a Complaint on 1/20/09, alleging

failure to maintain evidence of bodily injury and property damage liability insurance on file. By Order entered 4/20/09, the Commission noted that no Answer to the Complaint had been timely filed and no evidence of insurance had been filed with the Commission. Accordingly, the allegation of the Complaint was deemed admitted, the Complaint was sustained, the Petitioner’s Certificate was cancelled and the Petitioner was assessed a total penalty of $350.00. On 5/6/09, the Petitioner filed a Petition for Reinstatement. BTS did not file an Answer to the Petition. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order, which grants the Petition.

2060309-OSA P-2008-2060309 PPL ELECTRIC UTILITIES CORP - Petition filed 8/28/08, seeking approval of a default service program and procurement plan (DSP) for the period 1/1/11, through 5/31/14. On 4/16/09, ALJ Colwell, issued a Recommended Decision wherein she recommended the adoption of a Joint Petition for Settlement in the above-captioned proceeding. Exceptions were filed by Constellation New Energy, Inc., and Constellation Energy Commodities Group, Inc., the Pennsylvania State University, and the National Railroad Passenger Corporation (Amtrak). Replies to Exceptions were filed by PPL Electric Utilities Corporation and by Amtrak. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order that adopts the Recommended Decision and which denies the Exceptions of Amtrak and Constellation but which grants the Exception of Penn State.

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Motion by Chairman Cawley. Statement by Vice Chairman Christy. Vote 4-1 with Vice Chairman Christy Dissenting.
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BUREAU OF FIXED UTILITY SERVICES

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2105884-FUS R-2009-2105884 CONESTOGA TELE & TELEGRAPH CO. P-00981429F1000 - 2009 Annual Price Stability Index and Service

Price Index, Tariff Supplement No. 228 to Tariff Pa. P.U.C. No. 10 and tariff Supplement No. 10 to Tariff Pa. P.U.C. No. 11, requesting a $753,808 increase from the application of the Service Price Index change. On 4/30/09, the subject Report was filed. No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

2106666-FUS R-2009-2106666 DENVER & EPHRATA TEL & TEL CO P-00981430F1000 - 2009 Annual Price Stability Index and Service

Price Index Reports, Tariff Supplement No. 273 to Tariff Pa. P.U.C. No. 15, and Tariff Supplement No. 13 to Tariff Pa. P.U.C. No. 16 proposing a $3,813.18 decrease from the application of the Service Price Index change. On 4/30/09, the subject Report was filed. No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

2106671-FUS R-2009-2106671 BUFFALO VALLEY TELEPHONE CO. P-00981428F1000 - 2009 Annual Price Stability Index and Service

Price Index, Tariff Supplement No. 79 to Tariff Pa. P.U.C. No. 7, and Tariff Supplement No. 11 to Tariff Pa. P.U.C. Number 8 requesting a $296,500 increase from the application of the Service Price Index change. On 4/30/09, the subject Report was filed. No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

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BUREAU OF FIXED UTILITY SERVICES

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2106677-FUS R-2009-2106677 WINDSTREAM PENNSYLVANIA LLC P-00981423F1000 - 2009 Annual Price Stability Index and Service

Price Index Report, and Tariff Supplement No. 34 to Tariff PA PUC No. 7 requesting a $473,443.35 increase from the application of the Service Price Index change. On 4/30/09, the subject Report was filed. No protests were filed and no hearings were held. RECOMMENDATION: That the Commission adopt the proposed Order.

2112949-FUS A-2009-2112949 COMCAST BUSINESS COMMUNICATIONS LLC - Application filed on 5/11/09, seeking the Commission’s approval of the Company’s partial Discontinuance and Abandonment of retail Competitive Local Exchange Carrier Services and retail Interexchange Toll Carrier Service to the Public within the Commonwealth of Pennsylvania. RECOMMENDATION: That the Commission adopt the proposed Order.

LAW BUREAU

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2108601-LAW M-2009-2108601 ACT 129 TOTAL RESOURCE COST TEST M-2008-2069887 - Act 129 requires EDCs to file EE&C plans by

7/1/09. The plans are to be evaluated by Total Resource Cost testing. A TRC test proposal circulated for comments, and comments were received on 6/5/09. RECOMMENDATION: That the Commission adopt the proposed PA-specific TRC test order.

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Motion by Chairman Cawley. Statement by Commissioner Pizzingrilli. Vote 4-0 with Vice Chairman Christy Abstaining.
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OFFICE OF ADMINISTRATIVE LAW JUDGE

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2075142-ALJ P-2008-2075142 BOROUGH OF CAMP HILL C-2008-2076720 - Petition for Emergency Order filed on 11/19/08,

seeking to enjoin PAWC from continuing its plan to increase water pressure following main breaks. An Order was issued and ratified by the Commission on 12/18/08, and the matter was assigned to the OALJ. Following a hearing on 12/19/08, a Recommended Decision was issued on 12/23/08 which recommended mandatory communications between the utility and the municipalities, OCA and Commission Staff, as well as development of a reasonable schedule for the increases. PAWC filed exceptions and a Petition to Reopen the Record, seeking an opportunity to correct a crucial exhibit. By Order entered 01/15/09, the Commission remanded the matter to OALJ. Following a Joint Motion for Continuance, the parties reached a complete settlement among all parties and Joint Petition for Settlement was filed on 04/09/09. COMMISSION REVIEW: That the Commission adopt ALJ Colwell's Recommended Decision approving the Settlement without modification.

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Statement by Chairman Cawley. Vote 5-0.
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COMMISSIONERS

AGENDA NO. DOCKET NO. NAME AND SUBJECT

C-0013 MOTION BY CHAIRMAN CAWLEY RE: CONSUMER ADVISORY COUNCIL APPOINTMENT

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Motion by Chairman Cawley. Vote 5-0.
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PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA SUPPLEMENTAL

June 18, 2009

BUREAU OF FIXED UTILITY SERVICES

AGENDA NO. DOCKET NO. NAME AND SUBJECT

2099616-FUS A-2009-2099616 PENNSYLVANIA AMERICAN WATER COMPANY - Application was filed on 3/24/09. Proofs of publication and service to appropriate entities were submitted. No protests were filed and no hearings were conducted. RECOMMENDATION: That the Commission adopt the proposed Order.

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Vote 5-0.