PENNSYLVANIA PUBLIC UTILITY COMMISSION PUBLIC MEETING THURSDAY, JUNE 18… · 2020-06-18 ·...

PENNSYLVANIA PUBLIC UTILITY COMMISSION

PUBLIC MEETING

THURSDAY, JUNE 18, 2020 (DS) 10:00 A.M.

Telephone number for call in is 1-888-917-8050. When prompted enter passcode 9570961#

The Commission will act on various matters at today's meeting, which is open to the public via telephonic participation. 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, are available on the Commission’s web site. www.puc.pa.gov.

The Commissioners are:

COMMISSIONER VICE CHAIRMAN CHAIRMAN

COMMISSIONER

COMMISSIONER

Ralph V. Yanora David W. Sweet Gladys Brown Dutrieuille John F. Coleman, Jr Vacant

The Next Public Meeting is Tentatively Scheduled for Thursday, July 16, 2020 at 10:00 A.M.

Minutes of the Meeting of Thursday, April 30, 2020 (RY)

***ANNOUNCEMENTS***

THE NEXT PUBLIC MEETING OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION IS SCHEDULED FOR THURSDAY, JULY 16, 2020, AT 10:00 A.M. AN AGENDA FOR PUBLIC MEETING WILL BE MADE AVAILABLE TO ALL COMMISSIONERS AND INTERESTED PERSONS PRIOR TO THE PUBLIC MEETING.

THE COMMISSION WILL HOLD ITS NEXT TELEPHONIC EXECUTIVE SESSION ON WEDNESDAY, JULY 15, 2020, AT 1:30 P.M.

THE COMMISSION'S AGENDA WILL BE LIMITED TO:

1. DISCUSSING PERSONNEL MATTERS.

2. CONSULTING WITH ITS LEGAL OR TECHNICAL STAFF REGARDINGINFORMATION AND STRATEGY IN CONNECTION WITH CURRENT ORPOTENTIAL LITIGATION.

3. DISCUSSING MATTERS RELATED TO THE INITIATION AND CONDUCT OFINVESTIGATIONS, AND QUASI-JUDICIAL DELIBERATIONS.

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.

Additionally, the Commission meets telephonically with staff to ensure the continuity of operations during the period it cannot access its physical facilities. No topics are discussed that are items appropriately discussed in executive session or that require consideration at an open meeting, as defined by the Sunshine Act. Topics are limited to those operational concerns necessary to ensure continuity and adequacy of service and public safety.

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MOTIONS AND STATEMENTS OF THE CHAIRMAN AND COMMISSIONERS WILL BE AVAILABLE

ON THE COMMISSION’S WEBSITE AT WWW.PUC.PA.GOV AFTER PUBLIC MEETING.

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1


FINAL AGENDA

June 18, 2020

BUREAU OF AUDITS

AGENDA NO. 3007812-AUD DOCKET NO. D-2019-3007812

NAME AND SUBJECT: PPL ELECTRIC UTILITIES CORPORATION Management Efficiency Investigation (MEI) evaluating the Implementation of Selected Recommendations from the 2016 Stratified Management and Operations Audit.

RECOMMENDATION: That the Commission makes the MEI report and the company’s Implementation Plan public.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

2

OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. 2640713-OSA DOCKET NO. F-2018-2640713

NAME AND SUBJECT: DEREE J NORMAN VS PECO ENERGY COMPANY - ELECTRIC Formal Complaint filed on 12/27/17, alleging she was incorrectly billed her for electric service and failed to process a medical certification. The Complainant also requested a payment arrangement. On 10/19/18, the Commission issued ALJ Guhl's Initial Decision which sustained the Complaint, in part. On 11/8/18, the Complainant filed Exceptions. On 11/28/18, PECO filed Replies to Exceptions.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.


AGENDA NO. 2640802-OSA DOCKET NO. M-2018-2640802 M-2018-2640803 P-2018-3005037 P-2018-3005039

NAME AND SUBJECT: PITTSBURGH WATER & SEWER AUTHORITY On 9/28/18, Pittsburgh Water and Sewer Authority (PWSA) filed its Compliance Plan and its Long-Term Infrastructure Improvement Plan (LTIIP). Recommended Decision (R.D.) issued on 10/29/19, Deputy Chief ALJ Hoyer and ALJ Johnson recommended approval of the Joint Petition for Partial Settlement (Settlement) without modification and of the Compliance Plan with modifications. PWSA, the Bureau of Investigations and Enforcement (BIE), the Office of Consumer Advocate (OCA), the Office of Small Business Advocate (OSBA), and Pittsburgh UNITED (UNITED) filed Exceptions on 11/18/19 and Replies to Exceptions on 12/3/19. By Order entered 3/26/20, the Commission adopted and modified the Settlement, granted, in part, and denied, in part, the Exceptions, and adopted and modified the R.D. On 4/10/20, PWSA and UNITED filed respective Petitions for Reconsideration. The City of Pittsburgh (City) filed a Petition to Intervene and a Petition for Reconsideration on 4/10/20. On 4/20/20, BIE, OSBA, and UNITED filed Answers to the PWSA Petition; PWSA filed an Answer to the UNITED Petition; and BIE and OSBA filed Answers to the City Reconsideration Petition. On 4/24/20 and 4/29/20, BIE and OSBA filed respective Answers to the City Petition to Intervene.



3

AGENDA NO. 3003075-OSA DOCKET NO. C-2018-3003075

NAME AND SUBJECT: THOMAS MASLAR VS PPL ELECTRIC UTILITIES CORPORATION Formal Complaint filed on 6/18/18, seeking to prevent PPL from installing a smart meter at his home. On 7/18/18, PPL filed an Answer to the Complaint. On 11/10/18, the Complainant filed an Amended Complaint. On 5/28/19, an evidentiary hearing was held in this matter. On 7/12/19, the Commission issued the Initial ALJ Barnes, which denied the Complaint. On 8/1/19, the Complainant filed Exceptions to the ALJ’s Initial Decision. On 8/12/19, PPL filed Reply Exceptions. By Opinion and Order entered 5/21/20, the Commission denied the Complainant’s Exceptions, adopted the Initial Decision, and dismissed the Complaint. On 6/5/20, the Complainant filed a Petition for Reconsideration and Rehearing.



AGENDA NO. 3003393-OSA DOCKET NO. A-2018-3003393 C-2019-3003531

NAME AND SUBJECT: R T KIRK CONTRACTORS LLC On 7/20/18, the Commission issued RT Kirk Contractors, LLC (RT Kirk) a Certificate of Public Convenience (Certificate), authorizing it to provide transportation as a motor common carrier of property between points in Pa. On 3/20/19, the Commission’s Bureau of Investigation and Enforcement filed a Complaint against RT Kirk for failure to obtain a satisfactory safety fitness review. By Secretarial Letter issued 6/18/19, the allegations in the Complaint were deemed admitted and RT Kirk’s Certificate was cancelled due to the company’s failure to file an Answer to the Complaint. RT Kirk filed a Petition for Reconsideration of Staff Action on 6/27/19. No Answers to the Petition have been filed.



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AGENDA NO. 3003506-OSA DOCKET NO. A-2018-3003506 NAME AND SUBJECT: ABBAS TRANSPORTATION SERVICES LLC On 7/5/18, an Application for Motor Common Carrier in Paratransit with the Commission (July 2018 Application) was filed. Various entities filed Protests to the July 2018 Application. On 9/11/18, Abbas and the various Protestants filed a Restrictive Amendment, limiting Abbas’ proposed service territory to the City and County of Philadelphia. The unopposed July 2018 Application was then referred to the Bureau of Technical Utility Services (TUS), which discovered that Abbas must apply for contract carrier service, rather than common carrier service. On 2/13/19, Abbas filed an Application requesting a permit for contract carrier of passengers (February 2019 Application). On 4/29/19, the Commission issued a Secretarial Letter denying and dismissing the February 2019 Application for lack of response to TUS’s 2/27/19 data requests. Abbas filed a Petition for Reconsideration from Staff Action on 5/7/19. No response to the Petition has been filed. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order. Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3004260-OSA DOCKET NO. C-2018-3004260 NAME AND SUBJECT: SUSAN MESSICK VS PPL ELECTRIC UTILITIES CORPORATION Formal Complaint filed on 8/23/18, alleging that PPL’s contractor killed two decorative trees in front of her house when it trimmed the trees away from its power lines that cross her property. On 9/12/18, PPL filed an Answer to the Complaint. A hearing was held on 12/2/18. On 3/26/19, the Commission issued the Initial Decision (I.D.) of ALJ Haas that dismissed the Complaint. No Exceptions were filed. On 4/29/19, the Commission entered a Final Order adopting the ALJ’s I.D. On 5/3/19 the Complainant filed the instant Petition for Reconsideration (Petition) of the 4/29/19 Final Order. On 5/23/19, the Commission granted the Petition pending further review of, and consideration on, the merits. On 7/5/19, PPL filed its Answer to the Petition. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order. Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

5


NAME AND SUBJECT: STAYCE NORTON VS PHILADELPHIA GAS WORKS Formal Complaint filed on 09/25/18, alleging she was eligible for either a Commission-ordered payment arrangement or an extension of a prior Commission-ordered payment arrangement. On 10/22/18, PGW filed an Answer denying the material allegations of the Complaint and asserting that the Complainant had defaulted on a prior Commission-ordered payment arrangement. On 12/11/18, Special Agent (SA) Chiodo convened an evidentiary hearing. On 02/25/19, the Commission issued SA Chiodo’s Initial Decision which dismissed the Compliant for failure to carry the burden of proof on the claims in the Complaint. On 03/15/19, the Complainant filed Exceptions. On 2/10/20, PGW filed Replies to the Exceptions.




NAME AND SUBJECT: TOMISHA PALMER VS PHILADELPHIA GAS WORKS Formal Complaint filed on 11/26/18, disputing, inter alia, her responsibility for charges on her bill that resulted from theft of gas service at a prior address. The Complainant requested that PGW remove the theft of service charges from her bill and provide her with service at a new address. On 12/18/18, PGW filed an Answer to the Complaint (Answer) denying all material allegations of the Complaint. A hearing was held on 2/4/19. Further hearings were held on 3/21/19 and 5/7/19. On 10/15/19, the Commission issued the Initial Decision of ALJ Pell. On 11/4/19, the Complainant and PGW each filed Exceptions. On 11/14/19, PGW filed Replies to Exceptions.



6

AGENDA NO. 3012558-OSA DOCKET NO. C-2019-3012558 NAME AND SUBJECT: PUC INVESTIGATION AND ENFORCEMENT VS VAUGHAN SULLIVAN & COMPANY INC Formal Complaint filed on 8/29/19, alleging that Vaughan Sullivan & Co Inc. (Respondent) failed to pay its assessment amount for Fiscal Year 2017-2018. The Bureau of Investigation & Enforcement (BIE)requested that the Respondent be ordered to pay $2,499 (consisting of the outstanding assessment balance of $2,173 and a civil penalty of $326) and that, inter alia, the Respondent’s Certificate of Public Convenience be revoked if it failed to pay the assessment and civil penalty. The Respondent did not file an Answer to the Complaint. On 2/19/20, BIE filed a Motion for Default Judgment (Motion), requesting that the Commission direct the Respondent to pay the outstanding assessment and the civil penalty. No Answer to the Motion was filed. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order. Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3013402-OSA DOCKET NO. C-2019-3013402 NAME AND SUBJECT: PUC INVESTIGATION & ENFORCEMENT VS MARIO COATES D/B/A FIRST CLASS MOVERS Formal Complaint filed on 10/8/19, for operating as a common carrier and/or contract carrier by motor vehicle without a Certificate of Public Convenience issued by the Commission. The Bureau of Investigation and Enforcement (BIE) requested that Mario Coates d/b/a First Class be ordered to pay a penalty of $5,000 for the violation. First Class did not file an Answer to the Complaint. On 2/5/20, BIE filed a Motion for Default Judgment (Motion), requesting that the Commission direct First Class to pay the penalty. No Answer to the Motion was filed. RECOMMENDATION: That the Commission adopt the proposed Opinion and Order. Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

7


NAME AND SUBJECT: PUC INVESTIGATION & ENFORCEMENT VS NEW FIRST CLASS TRANS INC Formal Complaint filed on 10/18/19, alleging that First Class Trans Inc. (Respondent) failed to file an assessment report for the 2016 calendar year and failed to pay its assessment amount for Fiscal Year 2017-2018. The Bureau of Investigation and Enforcement (BIE) requested that the Respondent be ordered to pay $697 (consisting of the outstanding assessment balance of $389 and a civil penalty of $308) and that, inter alia, the Respondent’s Certificate of Public Convenience be revoked if it failed to pay the assessment and civil penalty. The Respondent did not file an Answer to the Complaint. On 2/19/20, BIE filed a Motion for Default Judgment (Motion), requesting that the Commission direct the Respondent to pay the outstanding assessment and the civil penalty. No Answer to the Motion was filed.




NAME AND SUBJECT: PUC INVESTIGATION & ENFORCEMENT VS PHLAT RATE MOVING Formal Complaint filed on 10/23/19, for operating as a common carrier and/or contract carrier by motor vehicle without a Certificate of Public Convenience issued by the Commission. Bureau of Investigation and Enforcement (BIE) requested that Phlat Rate Moving be ordered to pay a penalty of $5,000 for the violation. Phlat Rate Moving did not file an Answer to the Complaint. On 2/5/20, BIE filed a Motion for Default Judgment (Motion), requesting that the Commission direct Phlat Rate Moving to pay the penalty. No Answer to the Motion was filed.



8


NAME AND SUBJECT: PUC INVESTIGATION & ENFORCEMENT VS LIFESTAR RESPONSE OF NJ - LIFESTAR RESPONSE CORPORATION Formal Complaint filed on 10/28/19, failed to file an assessment report for the 2016 calendar year and failed to pay its assessment amount for Fiscal Year 2017-2018. The Bureau of Investigation and Enforcement (BIE) requested that the Respondent be ordered to pay $15,011 (consisting of the outstanding assessment balance of $11,209 and a civil penalty of $3,802) and that, inter alia, the Respondent’s Certificate of Public Convenience be revoked if it failed to pay the assessment and civil penalty. The Respondent did not file an Answer to the Complaint. On 2/19/20, BIE filed a Motion for Default Judgment (Motion), requesting that the Commission direct the Respondent to pay the outstanding assessment and the civil penalty. No Answer to the Motion was filed.




NAME AND SUBJECT: PUC INVESTIGATION & ENFORCEMENT VS ROSEMONT TAXICAB COMPANY INC Formal Complaint filed on 10/25/19, alleging that Rosemont Taxicab Co. Inc. (Respondent) failed to file an assessment report for the 2016 calendar year and failed to pay its assessment amount for Fiscal Year 2017-2018. The Bureau of Investigation and Enforcement (BIE) requested that the Respondent be ordered to pay $7,265 (consisting of the outstanding assessment balance of $5,012 and a civil penalty of $2,253) and that, inter alia, the Respondent's Certificate of Public Convenience be revoked if it failed to pay the assessment and civil penalty. The Respondent did not file an Answer to the Complaint. On 1/31/20, BIE filed a Motion for Default Judgment (Motion), requesting that the Commission direct the Respondent to pay the outstanding assessment and the civil penalty. No Answer to the Motion was filed.



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BUREAU OF TECHNICAL UTILITY SERVICES

AGENDA NO. 3008953-TUS DOCKET NO. A-2019-3008953

NAME AND SUBJECT: PENNDOT Application filed on 4/3/19 for approval to alter the public below grade crossings by widening and realigning the intersection where State Route 0819 (DOT 143 166 A) and State Route 0981 (DOT 143 165 T) cross, below grade, a single track of Westmoreland County Industrial Development Corporation, operated thereon by Southwest Pennsylvania Railroad Corporation, in Mount Pleasant Township, Westmoreland County. Field conference held on 5/24/19. Secretarial Letter issued 6/13/19 approving application and ordering right-of-way and detailed construction plans. PennDOT submitted for approval final signed revised right-of-way plans which were received 3/6/20 and consist of thirteen (13) sheets.

RECOMMENDATION: That the Commission adopt the proposed Order.



NAME AND SUBJECT: ENERGYMARK LLC Application filed on 11/21/19, for the approval for a license to offer, render, furnish, or supply electricity or electric generation services as a supplier to residential, small commercial, large commercial, industrial, and governmental customers in all of the electric distribution company service territories within Pa.



10

AGENDA NO. 3014640-TUS DOCKET NO. P-2019-3014640

NAME AND SUBJECT: DUQUESNE LIGHT COMPANY Petition for approval of a customer rate contract pursuant to 52 Pa. Code §5.41 of the Commission’s rules of administrative practice and procedure and Duquesne Light’s tariff Electric – Pa. P.U.C. No. 25, Rule No. 4 was filed on 11/21/19. No protests were filed and no hearings were held.



AGENDA NO. 3014990-TUS DOCKET NO. A-2019-3014990 A-2019-3014991

NAME AND SUBJECT: SUEZ WATER PENNSYLVANIA, INC. The Joint Application was filed on 12/17/19. Suez Water Pennsylvania Inc submitted proofs of publication and service to the appropriate entities. On 1/21/20, the Office of Consumer Advocate (OCA) filed a protest against the Joint Application. On 3/3/20, the OCA filed a Notice of Withdrawal of its protest. No hearings were held. By Order entered 3/10/20, the Joint Application was reassigned from the Office of Administrative Law Judge to the Bureau of Technical Utility Services for processing as an uncontested matter.



11

AGENDA NO. 3015209-TUS (PP from 5/21/2020) DOCKET NO. M-2020-3015209 M-00900239

NAME AND SUBJECT: PENNSYLVANIA TELECOMMUNICATIONS RELAY SERVICE (TRS) ANNUAL SURCHARGE RECALCULATION The Commission has completed its annual recalculation of the Pennsylvania Telecommunications Relay Service Surcharge (TRS) Surcharge and hereby notifies the affected local exchange carriers of the monthly residential and business wireline access line surcharge to be applied from 7/1/20 through 6/30/21. This surcharge recalculation factors in cost estimates for TRS, the TDD Program, and PMAS Program operations as well as the current TRS fund balance.


Votes and Notes: 2-2, No Action Taken Chairman Dutrieuille Yes - Statement Vice Chairman Sweet Yes - Statement Commissioner Coleman No – Joint Statement with Commissioner Yanora Commissioner Yanora No – Joint Statement with Commissioner Coleman

AGENDA NO. 3015227-TUS DOCKET NO. M-2020-3015227

NAME AND SUBJECT: ELECTRIC GENERATION SUPPLIER (EGS) LICENSE CANCELLATIONS As of 6/9/20, the companies listed in the Supplier Tables 1 and 2 of the Tentative Order are not in compliance with 52 Pa. Code §54.40(a) and (d).

RECOMMENDATION: That the Commission adopt the proposed Tentative Order.


http://www.puc.pa.gov//pcdocs/1666910.pdf



12


NAME AND SUBJECT: ACT 129 ENERGY EFFICIENCY & CONSERVATION (EE&C) IMPLEMENTATION The PA General Assembly charged the Commission with establishing an Energy, Efficiency and Conservation ( EE&C) Program. The Commission is also charged with the responsibility to evaluate the costs and benefits of the EE&C Program every five years and adopting additional reductions in consumption and peak demand if the benefits of the program exceed its costs. 66 Pa. C.S. § 2806.1(c)(3), (d)(2). With this Final Implementation Order, the Commission establishes additional incremental reductions in consumption and peak demand for Phase IV of the program.

RECOMMENDATION: That the Commission adopt the proposed Final Implementation Order.



NAME AND SUBJECT: INTERSTATE ENERGY COMPANY LLC Application filed on 1/22/20, for the approval to remove Interstate Energy Company, LLC f/k/a Interstate Energy Company from the list of public utilities regulated by the Commission due to a merger and acquisition with Adelphia, and Orders issued by FERC.



13


NAME AND SUBJECT: OPEN MARKET ENERGY LLC Application filed on 2/21/20, for the approval to offer, render, furnish, or supply natural gas services as a broker/marketer to small commercial, large commercial, industrial and governmental customers in the natural gas distribution company service territories of Columbia Gas, NFGDC, PECO, Peoples Natural Gas, Peoples Gas, PGW, UGI, and Valley Energy, within Pa.




NAME AND SUBJECT: LEOCO FINANCIAL LLC D/B/A PULEO ENERGY Application filed on 3/4/20, for the approval for a license to offer, render, furnish, or supply electricity or electric generation services as a broker/marketer to small commercial, large commercial, and industrial customers in the electric distribution company service territory of PECO within Pa.




NAME AND SUBJECT: LEOCO FINANCIAL LLC D/B/A PULEO ENERGY Application filed on 3/5/20, for the approval to offer, render, furnish, or supply natural gas services as a broker/marketer to small commercial, large commercial, and industrial customers in the natural gas distribution company service territories of PECO Energy and PGW within Pa.



14


NAME AND SUBJECT: LEATHERSTOCKING GAS COMPANY LLC, CORNING NATURAL GAS HOLDING CORPORATION, AND MIRABITO REGULATED INDUSTRIES On 3/6/20, the Joint Applicants filed a joint application seeking approval of Corning Natural Gas Holding Corporation to acquire Mirabito Regulated Industries’ 50% membership interest in Leatherstocking Gas Company, LLC. No protests were filed and no hearings were held.




NAME AND SUBJECT: ENERGY HARBOR LLC Application filed on 4/1/20, for the approval to offer, render, furnish, or supply natural gas services as a supplier to residential, small commercial, large commercial, industrial and governmental customers in the natural gas distribution company service territories of Columbia Gas, NFGDC, PECO, Peoples Natural Gas, Peoples Gas, PGW, UGI, and Valley Energy, within Pa.



15

AGENDA NO. 3019479-TUS DOCKET NO. R-2020-3019479 P 00981437F1000

NAME AND SUBJECT: CONSOLIDATED COMMUNICATIONS OF PENNSYLVANIA COMPANY LLC Annual Price Stability Index/Service Price Index Filing for 2020 and Supplement No. 224 to Tariff - Telephone PA P.U.C. No. 11 were filed on 4/30/20. No complaints were filed and no hearings were held.



AGENDA NO. 3019514-TUS DOCKET NO. R-2020-3019514 P-00981427F1000

NAME AND SUBJECT: BENTLEYVILLE COMMUNICATIONS CORPORATION D/B/A CONSOLIDATED COMMUNICATIONS/BENTLEYVILLE Annual Price Stability Index / Service Price Index Filing for 2020 and Supplement No. 118 to Tariff - Telephone PA P.U.C. No. 6 was filed on 5/1/20. No complaints were filed and no hearings were held.


Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Concurring in Result Only - Statement Commissioner Coleman Yes Commissioner Yanora Yes


NAME AND SUBJECT: MARIANNA & SCENERY HILL TELEPHONE COMPANY D/B/A CONSOLIDATED COMMUNICATIONS/MSH Annual Price Stability Index / Service Price Index Filing for 2020 and Supplement No. 135 to Tariff - Telephone PA P.U.C. No. 6 were filed on 4/30/20. No complaints were filed and no hearings were held.


Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Concurring in Result Only - Statement Commissioner Coleman Yes Commissioner Yanora Yes



16


NAME AND SUBJECT: COLUMBIA GAS OF PENNSYLVANIA, INC Application filed on 4/20/20, seeking a Certificate of Public Convenience authorizing it to abandon natural gas distribution service to two residential premises located in New Oxford, Adams County, Pa.




NAME AND SUBJECT: LACKAWAXEN TELECOMMUNICATIONS SERVICES INC Annual Price Stability Index/Service Price Index Report Filing for 2020 was filed on 5/1/20. No complaints were filed and no hearings were held.




NAME AND SUBJECT: HICKORY TELEPHONE COMPANY Annual Price Stability Index/Service Price Index Filing for 2020 were filed on 5/1/20. No protests were filed and no hearings were held.



17


NAME AND SUBJECT: NORTH-EASTERN PENNSYLVANIA TELEPHONE COMPANY Annual Price Stability Index/Service Price Index Filing for 2020 was filed on 5/1/20. No protests were filed and no hearings were held.




NAME AND SUBJECT: WINDSTREAM BUFFALO VALLEY INC Annual Price Stability Index/Service Price Index Report Filing for 2020 was filed on 5/4/20. No complaints were filed and no hearings were held.



AGENDA NO. 3019608-TUS DOCKET NO. R-2020-3019608 P 00981429F1000P 00981429F1000

NAME AND SUBJECT: WINDSTREAM CONESTOGA INC Annual Price Stability Index/Service Price Index Report Filing for 2020 was filed on 5/4/20. No complaints were filed and no hearings were held.



18


NAME AND SUBJECT: WINDSTREAM PENNSYLVANIA LLC Annual Price Stability Index/Service Price Index Report Filing for 2020 was filed on 5/4/20. No complaints were filed and no hearings were held.




NAME AND SUBJECT: WINDSTREAM D&E INC Annual Price Stability Index/Service Price Index Report Filing for 2020 was filed on 5/4/20. No complaints were filed and no hearings were held.



AGENDA NO. 3019720-TUS DOCKET NO. S-2020-3019720 P-2020-3019603

NAME AND SUBJECT: COLUMBIA WATER COMPANY On 4/28/20, a Letter Petition was filed seeking Commission confirmation that a securities certificate was not necessary or was preempted by federal law, or in the alternative, Commission waiver of the requirement for a securities certificate under the Governor’s Proclamation Of Disaster Emergency in effect at the time the funding was available, or, in the further alternative, Commission grant of an Abbreviated Securities Certificate filing nunc pro tunc.



19

AGENDA NO. 3019721-TUS DOCKET NO. S-2020-3019721 P-2020-3019676

NAME AND SUBJECT: PIKE COUNTY LIGHT & POWER COMPANY On 5/1/20, a Letter Petition was filed seeking Commission confirmation that a Securities Certificate was not necessary or was preempted by federal law, or in the alternative, Commission waiver of the requirement for a securities certificate under the Governor’s Proclamation Of Disaster Emergency in effect at the time the funding was available, or, in the further alternative, Commission grant of an Abbreviated Securities Certificate filing nunc pro tunc.



AGENDA NO. 3019803-TUS DOCKET NO. S-2020-3019803 G-2020-3019805

NAME AND SUBJECT: WELLSBORO ELECTRIC COMPANY Securities Certificate filed on 5/14/20, for registration and approval of the related affiliated interest transaction. Wellsboro voluntarily extended the consideration period of the securities certificate to 6/19/20.



20

AGENDA NO. 3019847-TUS DOCKET NO. R-2020-3019847

NAME AND SUBJECT: COLUMBIA GAS OF PENNSYLVANIA INC Supplement No 309 to PA PUC No 9 was filed on 5/19/20 to be effective 6/19/20, proposing to extend the Federal Tax Adjustment Credit (FTAC) passback period for its customers through 7/31/20. Expedited review was requested to allow the proposed tariff modification to take effect on 30 days’ notice. No protests were filed, and no hearings were held.




NAME AND SUBJECT: QUARTERLY EARNINGS OF JURISDICTIONAL UTILITIES The Bureau of Technical Utility Services (TUS) staff has completed a report representing the earned and adjusted returns on rate base and common equity capital for Pennsylvania non-telephone fixed utilities with jurisdictional operating revenues of over $1,000,000. Staff has included detailed, market-based analysis of the current cost of equity across industry-wide groups.

RECOMMENDATION: That the Commission make the earnings report public.


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LAW BUREAU

AGENDA NO. 2604692-LAW DOCKET NO. L-2017-2604692

NAME AND SUBJECT: RULEMAKING PERTAINING TO MINIMUM INSURANCE REQUIREMENTS FOR MOTOR CARRIERS OF PASSENGERS, 52 PA. CODE CHAPTER 32 On 2/8/18, the Commission initiated a rulemaking to amend 52 Pa. Code § 32.11 to increase minimum insurance requirements on motor carriers of passengers transporting less than 16 passengers. The Commission proposed to increase the minimum insurance requirement from $35,000 split coverage to $125,000 split coverage. Comments were submitted that suggested that the Commission obtain more data to support the proposed increase. Commission staff tried to obtain the suggested data but was unable to do so in the time prescribed under the Regulatory Review Act. As such, the final rulemaking withdraws the rulemaking in this matter.



AGENDA NO. 3008352-LAW DOCKET NO. P-2019-3008352

NAME AND SUBJECT: HAMILTON RELAY INC The Commission-approved Telecommunications Relay Services (TRS) Fund Provider, Hamilton Relay, Inc., petitioned for support to conduct a pilot program for Real Time Text among a limited number of eligible Pennsylvanians with disabilities.



22

AGENDA NO. 3019254-LAW DOCKET NO. M-2020-3019254

NAME AND SUBJECT: RATIFICATION OF EMERGENCY ORDER ESTABLISHING SUPPLIER DOOR-TO-DOOR AND IN-PERSON MARKETING MORATORIUM On 3/16/20, Chairman Gladys Brown Dutrieuille issued an Emergency Order prohibiting door-to-door, public event, and in person sales and marketing activities by electric generation suppliers and natural gas suppliers in Pa, during the pendency of the Governor’s Proclamation of Disaster Emergency, or unless otherwise ordered by the Commission. On 5/21/20, NRG Energy, Inc. filed a Petition for Partial Rescission of the Emergency Order. On 5/27/20, the Office of Consumer Advocate filed an Answer and, on 6/2/20, Inspire Energy Holdings, LLC filed an Answer. A Final Order was adopted by notational vote on 6/3/20 and served on 6/4/20.

RECOMMENDATION: The Law Bureau recommends that, consistent with 4 Pa. Code § 1.43(c), this action be recorded and entered in the minutes of this Public Meeting.


23

OFFICE OF ADMINISTRATIVE LAW JUDGE

AGENDA NO. 2053430-ALJ DOCKET NO. A-2008-2053430

NAME AND SUBJECT: UNITY TOWNSHIP By Secretarial Letter dated 12/17/08, the Commission approved Unity Township’s Application seeking approval to replace the St. Vincent Bridge over two tracks of Norfolk Southern Railway Company and directed Unity Township to perform the work at its initial cost and expense. On 3/18/11, after the project was completed, Unity Township filed a Petition for allocation and reimbursement of costs and expenses. Prehearing conferences were held on 10/15/19 and 2/7/20. The parties filed a Joint Petition for Settlement on 4/14/20.

COMMISSION REVIEW: That the Commission adopt ALJ Long’s Recommended Decision.


AGENDA NO. 3003758-ALJ DOCKET NO. C-2018-3003758

NAME AND SUBJECT: BARBARA MCDONALD VS METROPOLITAN EDISON COMPANY Formal Complaint filed 7/30/18, and an amended complaint on 10/1/18 objecting to the installation of a smart meter at her property. Answer, New Matter, and Preliminary Objections were filed by Met-Ed on 8/21/18 averring, inter alia, that they were required to install a smart meter and the relief was not recoverable. Met-Ed filed a Motion to Dismiss on 5/9/19, averring Complainant failed to provide her witness information, and failed to serve full and complete discovery responses upon Met-Ed, in violation of Commission orders.

COMMISSION REVIEW: That the Commission adopt ALJ Watson’s Initial Decision.


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NAME AND SUBJECT: DICKINSON TOWNSHIP VS GETTYSBURG & NORTHERN RAILROAD Formal Complaint filed on 2/20/19, averring that six crossings located in Gardners within the township are in major disrepair and a major safety concern. Dickinson requested that the Commission direct Gettysburg to repair the failing crossings to eliminate all safety concerns. Answers to the complaint were filed. A prehearing conference was held on 12/18/19. A Joint Petition for Settlement was filed on 3/10/20.

COMMISSION REVIEW: That the Commission adopt Deputy Chief ALJ Cheskis’ Recommended Decision.



NAME AND SUBJECT: PENNDOT Application was filed on 3/8/19 to demolish and replace the above-grade crossing (DOT 506 587 S) where the existing bridge carries State Route 0075 (Market Street) over the railroad tracks of Norfolk Southern Railway Company in Port Royal Borough, Juniata County. A prehearing conference was held on 10/1/19. A Joint Petition for Settlement was filed on 3/13/2020.

COMMISSION REVIEW: That the Commission adopt ALJ Myers’ Recommended Decision.



NAME AND SUBJECT: LYNETTE LOPEZ VS PHILADELPHIA GAS WORKS Formal Complaint filed on 7/19/19, alleging that Philadelphia Gas Works (PGW) was threatening to shut off Complainants service and seeking a payment arrangement. Answer filed on 8/7/19. An evidentiary hearing was held on 2/26/20.

COMMISSION REVIEW: That the Commission adopt Special Agent Arnold’s Initial Decision.


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NAME AND SUBJECT: DENNIS STECKO VS THE PEOPLES NATURAL GAS COMPANY LLC Formal Complaint filed 9/25/19 requesting that the Commission issue an order requiring Peoples Natural Gas Company LLC (Peoples) to repair or install a new drainpipe to support their gas line. On 10/16/19, Peoples filed an answer. On 11/25/19, an evidentiary hearing was held.

COMMISSION REVIEW: That the Commission adopt ALJ Johnson’s Initial Decision.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes - Motion Commissioner Coleman Yes Commissioner Yanora Yes


NAME AND SUBJECT: PENNSYLVANIA AMERICAN WATER COMPANY-WASTEWATER Application filed on 12/2/19, under Sections 1102 and 1329 of the Public Utility Code for approval of an Asset Purchase Agreement it entered into with the Borough of Kane Authority, the Borough of Kane and Wetmore Township by which PAWC will purchase the wastewater system presently owned by Kane Authority. Subsequently, The Office of Small Business Advocate filed a notice of intervention, The Office of Consumer Advocate (OCA) filed a protest, Kane Authority filed a petition to intervene and The Bureau of Investigation and Enforcement (BIE) entered an appearance. On 4/17/20, a Joint Petition for Approval of Settlement of All Issues was submitted by PAWC, Kane Authority and OCA.

COMMISSION REVIEW: That the Commission adopt Deputy Chief ALJ Cheskis' Recommended Decision.



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AGENDA NO. 3015251-ALJ DOCKET NO. R-2020-3015251 C-2020-3016657 C-2020-3016944

NAME AND SUBJECT: PENNSYLVANIA PUBLIC UTILITY COMMISSION, OFFICE OF CONSUMER ADVOCATE, OFFICE OF SMALL BUSINESS ADVOCATE VS NATIONAL FUEL GAS DISTRIBUTION CORPORATION Annual Purchased Gas Costs filing under Section 1307(f) of the Public Utility Code, 66 Pa. C.S. § 1307(f) was filed on 1/31/20. The Office of Consumer Advocate and Office of Small Business Advocate filed complaints and The Bureau of Investigation and Enforcement entered an appearance. Prehearing conferences were held on 2/5/20 and 3/23/20. On 4/21/20, the Parties jointly filed a Stipulation for Admission of Evidence and a Stipulation in Settlement of the Rate Investigation.

COMMISSION REVIEW: That the Commission adopt ALJ Johnson’s Recommended Decision.


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Carry-In Agenda

June 18, 2020

LAW BUREAU

AGENDA NO. 3018926-LAW DOCKET NO. P-2020-3018926

NAME AND SUBJECT: MEDCOM PROFESSIONAL SERVICES INC D/B/A KEYSTONE ANSWERING SERVICE On 2/27/20 a Petition for Declaratory Judgment seeking to have the Commission determine that it is not a jurisdictional telecommunications company as defined by the Public Utility Code was filed. Keystone Answering Service is currently disputing that it owes gross receipts tax on its telephone answering services before the Department of Revenue and avers in its petition that the Commission finding that it is not a jurisdictional telecommunications public utility will resolve uncertainty in its proceeding before the Department of Revenue.



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Supplemental Carry-In Agenda

June 18, 2020

COMMISSIONERS

AGENDA NO. 3020409-CMR

NAME AND SUBJECT: Modification and Extension of Commission’s Termination Moratorium Docketed at M-2020-3019244.

MOTION OF COMMISSIONER JOHN F COLEMAN, JR

Votes and Notes: 2-2, Motion FailsChairman Dutrieuille No - Verbal StatementVice Chairman Sweet No - StatementCommissioner Coleman Yes - Motion - Verbal StatementCommissioner Yanora Yes



PENNSYLVANIA PUBLIC UTILITY COMMISSION PUBLIC MEETING THURSDAY, JUNE 18… · 2020-06-18 ·...

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