PENNSYLVANIA PUBLIC UTILITY COMMISSION PUBLIC MEETING ... · Xpres Limousine Service, Inc. at...

PENNSYLVANIA PUBLIC UTILITY COMMISSION ________________

PUBLIC MEETING

________________

SEPTEMBER 30, 2004 (KP)

10:00 A. M.

MAIN HEARING ROOM NO. 1 SECOND FLOOR COMMONWEALTH KEYSTONE BUILDING

__________________

The Commission will act on various matters at today’s meeting, which is open to the public. However, since adequate forums have been made available for public participation in cases before the Commission, there will be no opportunity for the public to address the Commission. The attached agenda is complete at the time of issuance, but other items may be added and some stricken without further notice. The listing of an item on the agenda does not necessarily mean that the Commission will take final action on it at this meeting. When the Commission does take final action, its decision---except on routine, uncontested tariff filings---will be put in writing and served on the interested parties and made public at the time it is entered and served. All public documents---such as orders, opinions, hearing transcripts, comments, initial and recommended decisions, and the like---relating to items on the agenda, may be examined in the Commission’s File Room located in Room N-201, Second Floor, this Building. The Commissioners seated on the bench are: COMMISSIONER VICE CHAIRMAN CHAIRMAN COMMISSIONER COMMISSIONER Kim Pizzingrilli Robert K. Bloom Terrance J. Fitzpatrick Glen R. Thomas Wendell F. Holland THE TAKING OF PHOTOGRAPHS IS PERMITTED PROVIDED FLASH IS NOT USED. The Next Public Meeting is Tentatively Scheduled for Friday, October 22, 2004 at 10:00 a.m.

Minutes of the Meeting of August 19, 2004 (RB)

BUREAU DIRECTORS AND MEMBERS OF THE LEGAL, TECHNICAL AND ADMINISTRATIVE STAFF OF THE COMMISSION

1-A

***ANNOUNCEMENTS***

THE NEXT PUBLIC MEETING OF THE PENNSYLVANIA PUBLIC UTILITY

COMMISSION IS SCHEDULED FOR FRIDAY OCTOBER 22, 2004, AT 10:00 A.M., IN HEARING ROOM #1, SECOND FLOOR, COMMONWEALTH KEYSTONE BUILDING, 400 NORTH STREET. AN AGENDA FOR PUBLIC MEETING WILL BE MADE AVAILABLE TO ALL COMMISSIONERS AND INTERESTED PERSONS PRIOR TO THE PUBLIC MEETING.

THE COMMISSION HELD AN EXECUTIVE SESSION ON WEDNESDAY, SEPTEMBER 29, 2004 AT 10:00 A.M., IN THE JR. EXECUTIVE CHAMBERS, THIRD FLOOR, KEYSTONE BUILDING. THE COMMISSION’S AGENDA WAS LIMITED TO: 1. DISCUSSING PERSONNEL MATTERS. 2. CONSULTING WITH ITS LEGAL OR TECHNICAL STAFF ABOUT ACTIONS WHICH THIS COMMISSION IS LITIGATING BEFORE OTHER ADMINISTRATIVE AGENCIES OR COURTS. 3. DISCUSSING CASES WHICH WILL BE COMMENCED OR ADJUDICATED BY COMMISSION ACTION. 4. REVIEWING LEGALLY PRIVILEGED OR CONFIDENTIAL MATTERS. 5. DISCUSSING COLLECTIVE BARGAINING ISSUES. 6. CONSIDERING THE PURCHASE OR LEASE OF REAL ESTATE. AN AGENDA FOR THE EXECUTIVE SESSION WILL BE DISTRIBUTED TO ALL COMMISSIONERS IN ADVANCE OF THIS SESSION. THIS NOTICE IS PROVIDED IN ACCORDANCE WITH ACT 84 of 1986, KNOWN AS THE SUNSHINE ACT.

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

A LISTING OF THE COMPLAINTS INITIATED BY THE COMMISSION’S ENFORCEMENT BUREAUS, DURING THE CURRENT MONTH, IS AVAILABLE FOR PUBLIC INSPECTION IN ROOM N-201, SECOND FLOOR, COMMONWEALTH KEYSTONE BUILDING.

PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

2

TSM-0088* A-00119348, F.1, Am-A

Application of JADCO ENTERPRISES, INC., t/a STERLING LIMOUSINE, Langhorne, Bucks County, for amendment to its common carrier certificate: SO AS TO PERMIT the transportation of persons, in limousine service. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0143 R*

A-00107294 R-00049825

BUCKS COUNTY TRANSPORT, INC., Bucks County. Increase in Rates. RECOMMENDATION that the Tariff Paratransit Pa. PUC No. 11 as filed by the carrier be permitted to become effective October 4, 2004.

TSM-0163* A-00112763, F.3, Am-D

Application of EASTERN MEDICAL AMBULANCE, INC., Warren, Ohio, for the discontinuance of service and cancellation of its certificate, as a common carrier , by motor vehicle, at A-00112763, F.3, authorizing the transportation of persons, in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application for discontinuance and cancellation of its certificate.

TSM-0165* A-00101815, F.1,

Am-A Application of MAXWELL TAXICAB COMPANY, INC., t/d/b/a MAXWELL CAB, Ardmore, Montgomery & Delaware Counties, for amendment to its common carrier certificate, which grants the right, to transport, persons upon call or demand in that portion of Lower Merion Township, Montgomery County, SO AS TO PERMIT persons upon call or demand. RECOMMENDATION that the Commission adopt the proposed order approving the application, as amended, for the accommodation and convenience for the public.




3

TSM-0166*

A-00103976 R-00049828

FISCHER-HUGHS TRANSPORT, INC., Bucks County. Increase in Rates. RECOMMENDATION that the Tariff Freight Pa. PUC No. 9 be suspended, and that the carrier be offered the alternative of adopting a tariff reflecting an increase in hourly rates of 1.29% as recommended by the Bureau of Transportation and Safety.

TSM-0168* A-00120815 Application of ROBERT W. ALEXANDER, JR. & LINDA L. GRIFFIN, Prospect, Butler County, for the right to begin to transport, as a common carrier, by motor vehicle, persons, in limousine service. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0170* A-00119117, F.1,

Am-A Application of LUCY MBUGUA, t/d/b/a SIMBA SAFARI SHUTTLE SERVICES, Allentown, Lehigh County, for the discontinuance of service and cancellation of her certificate, as a common carrier, by motor vehicle, at A-00119117, authorizing the transportation of persons, in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application for discontinuance and cancellation of her certificate.

TSM-0171* A-00120856 Application of CHARLES C. ROBERTS, III,

Strasburg, Lancaster County, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0172* A-00120857 Application of DONALD JESSE VACK,

Gordonville, Lancaster County, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application.




4

TSM-0178* A-00119180, F.2 Application of DENNIS SOSA, t/d/b/a XPRES LIMOUSINE SERVICE, Waymast, Wayne County, for the approval of the transfer to applicant of all of the common carrier limousine right held by Xpres Limousine Service, Inc. at A-00116152. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be cancelled by supplemental order.

TSM-0179* A-00120894 Application of LEON M. BRUBACHER, Denver,

Lancaster County, for the approval of the transfer to applicant of all of the common carrier paratransit right held by Simeon L. Martin (deceased) by Dorothy S. Martin, executrix of the estate at A-00100278. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be cancelled by supplemental order.

TSM-0181* A-00120899 Application of RETRIEVER TRANSPORT, INC.,

Phoenixville, Chester County, for the approval of the transfer to applicant of all of the common carrier paratransit right held by EMT Transport, Inc. at A-00115549. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be cancelled by supplemental order.

TSM-0182* A-00119235

R-00049826A+FAMILY MOVERS, INC., Philadelphia County. Increase in Rates. RECOMMENDATION that the 3rd Revised Page 10 to Tariff Freight Pa. PUC No. 54, as filed by the carrier, be permitted to become effective October 4, 2004 or upon receipt of the 2004 assessment of $2,090.




5

TSM-0184* A-00120686 Application of MURRYSVILLE MEDIC ONE, Murrysville, Westmoreland County, to transport as a common carrier, by motor vehicle, persons in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0186* A-00120697 Application of FRED W. WILLIAMS, Atlantic,

Crawford County, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0187* A-00120676 Application of JAMES HAROLD TAYLOR,

t/d/b/a TAYLOR’S TRANSPORTATION, Reading, Berks County, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0188* A-00120847 Application of JOSEPH K. AND SHARON L.

WILLIAMS, Gordonville, Lancaster County, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0189* A-00120859 Application of CROWN ROYAL LIMOUSINE &

TRANSPORTATION, INC., Allentown, Lehigh County, for the approval of the transfer to applicant of all of the common carrier statewide limousine rights held by Premiere Limousine Service, Inc. at A-00114080. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be cancelled by supplemental order.




6

TSM-0190* A-00120923 Application of ROBIN J. REIMOLD, t/a FUNWAYS TRAVEL, Fredonia, Mercer County, for a broker’s license evidencing the Commission’s approval of the right and privilege to arrange for the transportation of persons and their baggage between points in Pennsylvania. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0192* A-00120807 Application of OLINE CORP., Mohnton, Berks

County, for the approval of the transfer to applicant of all of the common carrier statewide limousine right held by Lifestyle Limousine, Inc. at A-00109436. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and that a certificate be issued to the applicant. The certificate issued to the transferor to be cancelled by supplemental order.

TSM-0194* A-00120893 Application of HOMER E. SCHROCK AND

DEBORAH H. SCHROCK, Cochranville, Chester County, to transport as a common carrier, persons in paratransit service. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0196*

A-00115529 R-00049827

BURGIT CITY TAXI INC., Wilkes-Barre, Luzerne County. Increase in rates. RECOMMENDATION that Tariff Call or Demand Pa. PUC No. 2, as filed by the carrier, be permitted to become effective October 4, 2004.




7

TSR-0018* C-00881950 BOROUGH OF LEETSDALE v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION AND CONSOLIDATED RAIL CORPORATION (NORFOLK SOUTHERN RAILWAY COMPANY) Complaint filed July 21, 1988 alleging unsafe conditions where Ferry Street crosses at grade tracks of Norfolk Southern Railway in the Borough of Leetsdale, Allegheny County. November 3, 1995 order directed Borough to submit plans for construction of bridge over railroad. Right-of-way plans and property descriptions were submitted on April 5, 2004. RECOMMENDATION that the Commission adopt an order which approves the right-of-way plans, appropriates railroad property, etc., consistent with the proposed order.

TSR-0019* A-00120832 Application of the TOWNSHIP OF UPPER

MACUNGIE, for approval of the alteration of the crossing (DOT 592 001 P) where Farm Bureau Road (T-576) crosses, at grade, a single track of Norfolk Southern Railway Company located in Upper Macungie Township, Lehigh County, by reason of the widening of the roadway. RECOMMENDATION that the application be approved.


BUREAU OF AUDITS


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AUD-0025 D-03CTC005 DUQUESNE LIGHT COMPANY Pittsburgh, PA Auditor’s Report on the Competitive Transition Charge for the two years ended December 31, 2003, which contained no findings. RECOMMENDATION to release the Audit Report.

AUD-0027 D-03MGT025

NEWTOWN ARTESIAN WATER COMPANY Newtown, PA Focused Management and Operations Audit. Staff has completed an audit of Newtown Artesian Water Company and issued a report containing 18 recommendations for improvement. In response to the audit, Newtown Water submitted an Implementation Plan indicating acceptance of 14 recommendations and partial acceptance of four recommendations. RECOMMENDATION to make the Audit Report and Implementation Plan public.


OFFICE OF SPECIAL ASSISTANTS


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OSA-0218* A-00118197 PENNSYLVANIA PUBLIC UTILITY COMMISSION v. FAMILY CAR SERVICE, INC. On December 1, 2003, BTS instituted a Complaint against the Petitioner. By Order issued on March 11, 2004, the Petitioner’s Certificate was cancelled. On August 9, 2004, the Petitioner filed the instant Petition for Reinstatement. On September 16, 2004, BTS filed an Answer to the Petition. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies the Petition.

OSA-0220* C-20030526 HARMAR TOWNSHIP v. NORFOLK

SOUTHERN RAILWAY, ALLEGHENY COUNTY, and COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION The Recommended Decision of ALJ John H. Corbett was issued on July 19, 2004. On August 9, 2004, Norfolk Southern filed Exceptions. On August 19, 2004, the Township filed Reply Exceptions. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order denying the Exceptions and adopting the Recommended Decision.

OSA-0224* C-20039820 DAMIAN MILLER v. COLUMBIA GAS OF

PENNSYLVANIA, INC. Exceptions to ALJ Porterfield’s March 11, 2004 Initial Decision, filed by Complainant on March 29, 2004. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order denying the Exceptions and adopting the Initial Decision to the extent that it is consistent with the Opinion and Order.




10

OSA-0232* Z-00989568 WANDA JACKSON v. PECO ENERGY CO. Exceptions to ALJ Colwell’s July 16, 2004 Initial Decision, filed by Complainant on August 2, 2004. RECOMMENDATION that the Exceptions be granted and the matter be remanded to the OALJ for further proceedings, consistent with the proposed Opinion and Order.

OSA-0236* F-01273628 CARMINE A. AUFIERO v. VERIZON

PENNSYLVANIA INC. On August 14, 2003 the Initial Decision of ALJ Herbert Smolen was issued. Exceptions were filed on September 2, 2003. By Secretarial Letter dated September 17, 2003, Verizon Pennsylvania Inc. was served with the Exceptions and provided with a 10-day period to file Reply Exceptions. Reply Exceptions were filed on September 25, 2003. RECOMMENDATION that the Commission deny the Exceptions and adopt the ALJ’s Initial Decision, consistent with the proposed Opinion and Order.

OSA-0239* R-00038871

R-00038871C0001 PENNSYLVANIA PUBLIC UTILITY COMMISSION v. VERIZON PENNSYLVANIA INC.; COVAD COMMUNICATIONS, INC. v. VERIZON PENNSYLVANIA INC. On August 16, 2004, a Recommended Decision was issued by ALJ John H. Corbett, Jr. On August 26, 2004, Verizon PA filed Exceptions. RECOMMENDATION that the Commission adopt the proposed draft Opinion and Order which denies Verizon’s Exceptions.

OSA-0240* A-00112441C0104 PENNSYLVANIA PUBLIC UTILITY

COMMISSION, BTS v. DONALD A. FIX, JR., T/A HINDMAN MOVING & STORAGE A Recommended Decision was issued April 27, 2004, by ALJ Paist. Exceptions were filed on May 14, 2004, and BTS filed Replies on May 26, 2004. RECOMMENDATION that the Commission grant the Exceptions and remand the Complaint to the OALJ, consistent with the proposed Opinion and Order.




11

OSA-0241* C-00109080 PENNSYLVANIA PUBLIC UTILITY COMMISSION v. BARRY’S LIMOUSINE SERVICE, INC. T/A LONDON LIMOUSINE & TOWN CAR On October 20, 2003, BTS instituted a Complaint. By Order issued on March 11, 2004, the Petitioner’s Certificate was cancelled. On August 30, 2004, the Petitioner filed the instant Petition for Reinstatement. BTS did not file an Answer to the Petition. RECOMMENDATION that the Commission grant the Petitioner’s Petition, consistent with the proposed Opinion and Order.

OSA-0242* P-00042088 Petition of VERIZON PENNSYLVANIA INC. for

Resolution of a Dispute With CTSI, LLC Pursuant to the Abbreviated Dispute Resolution Procedures. Petition for Reconsideration of the Commission’s July 9, 2004 Order, filed by CTSI, LLC. Verizon filed an Answer in opposition. RECOMMENDATION that the Commission deny the Petition, consistent with the proposed Opinion and Order.

OSA-0243* C-20031394 PUBLIC UTILITY LAW BUREAU

PROSECUTORY STAFF v. ATX LICENSING, INC. On March 11, 2004, the Commission entered an Order which held the proposed Settlement Agreement in abeyance and directed the Parties to file supplemental statements to provide additional information justifying the proposed Settlement. The Respondent filed its Supplemental Statement on April 23, 2004. The Prosecutory Staff filed its Supplemental Statement on April 29, 2003. RECOMMENDATION that the Commission approve the Settlement Agreement, filed January 21, 2004, consistent with the proposed Opinion and Order.




12

OSA-0247* P-00032071 Petition of DUQUESNE LIGHT COMPANY for Approval of Plan for Post-Transition Period Provider of Last Resort Service. Petition for Reconsideration filed by DUQUESNE LIGHT COMPANY on August 27, 2004 and Petition for Reconsideration filed by CONSTELLATION POWER SOURCE, INC. and CONSTELLATION NEWENERGY, INC. on September 7, 2004, to the Commission’s Opinion and Order entered August 23, 2004. RECOMMENDATION that the Petitions be denied, consistent with the proposed Opinion and Order.

OSA-0248* P-00042090, et al Investigation Into Financial and Collection Issues

regarding the PHILADELPHIA GAS WORKS. Exceptions to ALJ Rainey’s August 13, 2004 Recommended Decision filed by various Parties. RECOMMENDATION that the Commission adopt the proposed Order dealing with the Exceptions filed.

OSA-0249 M-00900239 PENNSYLVANIA RELAY SERVICE ADVISORY

BOARD RECOMMENDATION that Lawrence J. Brick be appointed to serve on the TRS Advisory Board for a two-year term ending December 31, 2006 and that Mr. Brick be so advised by Secretarial Letter.


BUREAU OF FIXED UTILITY SERVICES


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FUS-0427* A-311204 A-311204F0002

Application filed on July 12, 2002, by GRANITE TELECOMMUNICATIONS LLC for approval to offer, render, furnish or supply telecommunications services as an Interexchange Toll Reseller and as a Reseller and Facilities-based Competitive Local Exchange Carrier. No protests were filed, and no hearings were held. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0431* A-311085F0002 Application filed on March 15, 2001, by NEW

ACCESS COMMUNICATIONS INC., for approval to offer, render, furnish or supply telecommunication services as a Competitive Local Exchange Carrier to the Public in the Commonwealth of Pennsylvania. Additional documents were filed on October, 2003, May 4, 2004 and September 10, 2004. Currently, the Applicant has no customers. No protests were filed and no hearings were held. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0439* A-311283

A-311283F0002 Application filed on September 15, 2003 by CERTAINTY TECH TELECOM LLC, for approval to offer, render, furnish or supply telecommunication services to the public as a Reseller of Interexchange Toll services throughout the Commonwealth of Pennsylvania and as a non-facilities based Competitive Local Exchange Carrier in the service territories of Verizon Pennsylvania, Inc., and Alltel Pennsylvania, Inc., within the Commonwealth of Pennsylvania. RECOMMENDATION that the Commission adopt the proposed Order.




14

FUS-0456* A-311277 Application filed on August 18, 2003, by TSI TELECOMMUNICATIONS NETWORK SERVICES for Certification of Service for reseller of Competitive Access Provider services throughout the state Of Pennsylvania. On June 10, 2004, TSI filed a notice with the Commission to change its name to SYNIVERSE NETWORK, INC. No protests were filed and no hearings were held. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0478 R*

A-311171F2002 Application filed on June 22, 2004 by WINSTAR OF PENNSYLVANIA, LLC, seeking approval of the Company’s Partial Discontinuance and Abandonment of certain local and Interexchange Telecommunications Services to the Public in selected areas within the Commonwealth of Pennsylvania. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0480* A-310283F2000 Application filed August 13, 2004, by LONG

DISTANCE WHOLESALE CLUB seeking the Commission’s approval of the company’s Discontinuance and Abandonment of Interexchange Telecommunications Resale Services to the public within the Commonwealth of Pennsylvania. RECOMMENDATION that the Commission adopt the proposed Order.




15

FUS-0481* A-311297 A-311297F0002

Application filed November 14, 2003, by VOLCO COMMUNICATIONS to offer, render, furnish or supply telecommunication service as a Facilities Based Interexchange Carrier and a Competitive Local Exchange Carrier to the public in the Commonwealth of Pennsylvania. One protest was filed on December 31, 2003. Subsequently, an amended application was filed and the protest was withdrawn on March 1, 2004. Updated financial information was filed on August 6, 2004. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0843* P-00042106

M-00820308 Petition filed on May 21, 2004 by CS WATER & SEWER ASSOCIATES for an extension of time to submit a metered rate filing. One protest was filed but no hearing was held. Proof of Publication and service to appropriate entities were also filed. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0848* A-230013F0003 Amended Application filed on July 2, 2003 by

UTILITIES, INC.OF PA, for approval to begin to offer, render, furnish or supply wastewater disposal and treatment service to the public in an additional territory in West Bradford Township, Chester County, PA. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1040* A-125131 Natural Gas Supplier License Application filed on

June 7, 2004, by DELTA ENERGY, LLC to offer, render, furnish or supply natural gas supply services to industrial customers in the service territories of Columbia Gas of Pennsylvania, Inc., The Peoples Natural Gas Company and UGI Utilities, Inc., within the Commonwealth of Pennsylvania. RECOMMENDATION that the Commission adopt the proposed Order.




16

FUS-1047* A-110300F0103 Letter of Notification filed on August 2, 2004 by METROPOLITAN EDISON COMPANY pursuant to 52 Pa Code Chapter 57 for installation of a transmission line tap from its 115kV Middletown Junction to Smith Street 978 Transmission Line to Raintree Substation situated in Manchester Township, York County, Pennsylvania RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1375* A-310152F0002 Joint Application filed on August 9, 2004, by

GLOBAL TEL*LINK CORP and GORES PORTFOLIO HOLDINGS INC. for approval of the transfer of all the common stock of Global to Gores from Schulmberger Technologies, Inc. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1376* A-310996F0003 Application filed on July 13, 2004 by LOOKING

GLASS NETWORKS, INC. for approval of the indirect transfer of control, whereby the majority of stock in LGN’s parent company, Looking Glass Networks Holding Company, Inc., will be acquired by current LGN lenders through the conversion of a significant portion of their debt into equity interests. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1378* A-310687F0004 Joint Application filed on July 28, 2004 by MCCC

ICG HOLDINGS, LLC and ICG COMMUNICATIONS, INC., for approval of the transfer of control of ICG Telecom Group, Inc., a carrier authorized to operate in Pennsylvania, from ICG Communications, to MCCC ICG Holdings, LLC. RECOMMENDATION that the Commission adopt the proposed Order.




17

FUS-1379* S-00041017 Securities Certificate of US LEC OF PA, INC. for its guarantee of notes in an amount up to $150M and for its participation as a co-borrower or guarantor in a revolving credit facility in an amount up to 425 M. RECOMMENDATION that the Commission adopt the proposed Order.


COMBINED BUREAU AGENDA


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FUS-0829* R-00049408 GLENDALE YEAROUND WATER COMPANY Home Office - Flinton, PA Supplement No. 14 to Tariff Water - Pa. P.U.C. No. 1, filed April 29, 2004, voluntarily postponed to become effective October 1, 2004, proposing an annual increase in rates of $59,123. RECOMMENDATION that the Commission give the Respondent the alternative of filing a revised Tariff Supplement calculated to produce additional revenues of approximately $38,275, of, if Respondent does not elect to file such a Tariff Supplement an Investigation shall be instituted and the case assigned to the OALJ, consistent with the proposed Order.

OTS-0007 (PP from 6/24/04)

R-00049408 GLENDALE YEAROUND WATER COMPANY Supplement No. 14 to Tariff Water-Pa. P.U.C. No. 1, voluntarily postponed to become effective October 1, 2004, proposing an annual increase in rates of $59,123. RECOMMENDATION that the Commission institute an Investigation of the Tariff and allow the filing to be suspended by operation of law for a period of seven months.


COMBINED BUREAU AGENDA


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FUS-0838* R-00049494 CORNER WATER SUPPLY & SERVICE

CORPORATION Home Office - Shippenville, PA Supplement No. 47 to Tariff Water - Pa. P.U.C. No. 1, proposing an annual increase in rates of $44,645, voluntarily postponed to become effective October 1, 2004. RECOMMENDATION that the Commission give the Respondent the alternative of filing a revised Supplement containing proposed rates of approximately $23,707; or, if Respondent does not elect to file such a revised Tariff Supplement, an Investigation shall be instituted and the case referred to the OALJ, consistent with the proposed Order.

OTS-0010 R-00049494 CORNER WATER SUPPLY & SERVICE

CORPORATION Supplement No. 47 to Tariff Water-Pa. P.U.C. No. 1, proposing an annual increase in rates of $44,645, voluntarily postponed to become effective October 1, 2004. RECOMMENDATION that the Commission institute an Investigation of the Tariff and allow the filing to be suspended by operation of law for a period of seven months.

FUS-0841* R-00049601 KENSINGTON WATER COMPANY

Home Office - Chambersburg, PA Tariff Water - Pa. P.U.C. No. 3, filed July 13, 2004, to become effective October 1, 2004, proposing an annual increase in rates of $3,025. RECOMMENDATION that the Commission permit the Tariff to become effective, consistent with the proposed Order.

OTS-0016 R-00049601 KENSINGTON WATER COMPANY

Tariff Water-Pa. P.U.C. No. 3, to become effective October 1, 2004, proposing an annual increase in rates of $3,024.50. RECOMMENDATION that the Commission allow the filing to be approved as filed.


LAW BUREAU


20

L-0077*

P-00042122 Joint Petition for Temporary Waiver of Certain Standards and Billing Practices of 52 Pa. Code Section 56.1, et seq, filed by MET ED, PENELEC and PENN POWER on August 3, 2004. RECOMMENDATION that the Commission adopt the proposed Order granting the Joint Petition.

L-0079* A-310918

A-310931 A-311104

Tentative Orders to Revoke Authority of THREE TELECOMMUNICATIONS CARRIERS for Failure to File Assessment Reports of Operating Revenues for the Calendar Year 2003. RECOMMENDATION that the Commission adopt the proposed Tentative Orders that revoke the three affected companies’ Certificates of Public Convenience, which Orders will become final after a 30-day Comment period following publication in the Pennsylvania Bulletin, absent adverse Comment.

L-0080* A-310789 LAW BUREAU PROSECUTORY STAFF v.

PROMISE-NET INTL., INC. RECOMMENDATION that the Commission adopt the proposed Default Order that revokes PROMISE-NET’s Certificate of Public Convenience after a 30-day Comment period following publication in the Pennsylvania Bulletin, absent adverse Comment.

L-0081* P-00042123 PHILADELPHIA GAS WORKS Petition for

Waiver of Earnings Surveillance Report Requirements. RECOMMENDATION that the Commission adopt the proposed Order denying PGW’s Petition.

L-0082 R* L-00040166 Final Rulemaking Order Re Public Utility Security

Planning and Readiness. RECOMMENDATION that the Commission adopt the proposed Final Rulemaking Order, to be published in the Pennsylvania Bulletin.


OFFICE OF ADMINISTRATIVE LAW JUDGE


21

ALJ-0401* A-00120710 Application of PITTSBURGH INFORMATION AND RESEARCH COMPANY t/d/b/a ONYSHKO INVESTIGATIVE SERVICES An application for paratransit service was filed on March 19, 2004 to render service between points in 28 counties. Timely protests and a Motion to Dismiss and Strike were filed because either Applicant’s President and/or its Secretary/Treasurer prepared and filed the application and because neither is an attorney. COMMISSION REVIEW of ALJ Gesoff’s Initial Decision granting the Motion to Dismiss and Strike and striking the application without prejudice.

ALJ-0402* Z-01498022 SUE PURNELL v. DUQUESNE LIGHT

COMPANY On November 12, 2003, a complaint was filed alleging a billing dispute. An answer was filed on December 16, 2003. A hearing was held on July 22, 2004. COMMISSION REVIEW of ALJ Corbett’s Initial Decision dismissing the complaint with prejudice.

ALJ-0403* A-00118269 Application of the REDEVELOPMENT

AUTHORITY OF THE COUNTY OF WESTMORELAND ... On September 19, 2001, the Applicant applied for approval of the construction of an at-grade railroad crossing where Twelfth Street Extension will cross the tracks of CSX Transportation, Inc. and Koppers Industrial Track in the City of Monessen in Westmoreland County. Hearings were held. On June 25, 2004, the parties submitted a Stipulation of Settlement. REVIEW of ALJ Nene’s Recommended Decision granting the Application and approving the Settlement.


OFFICE OF ADMINISTRATIVE LAW JUDGE


22

ALJ-0404* A-00118928 Application of SPRINGETTSBURY TOWNSHIP, YORK COUNTY ... On May 13, 2002, an application was filed for approval of the construction of the crossing where Concord Road crosses, at grade, the tracks of Norfolk Southern Railroad and a siding serving the former Caterpillar site. Hearings were held. REVIEW of ALJ Melillo’s Recommended Decision dismissing the application for lack of subject matter jurisdiction.

ALJ-0405* M-FACW0401 –

through M-FACW0406

THE YORK WATER COMPANY, ET AL. -RECONCILIATION OF THE STATEMENTS OF THE DISTRIBUTION SYSTEM IMPROVEMENT CHARGE (DISC), SECTION 1307(E) FILING FOR THE TWELVE MONTH PERIOD ENDING DECEMBER 31, 2003. On June 8, 2004, a hearing was held to review 1307(e) Statements filed by six Water Utilities. REVIEW of ALJ Cocheres’ Recommended Decision approving the Statements.

ALJ-0406* R-00049154

R-00049154C0001 PA PUC, ET AL. v. EQUITABLE GAS COMPANY, a division of EQUITABLE RESOURCES, INC. On April 1, 2004, Equitable submitted its Year 2004 Section 1307(f) filing. On July 21, 2004, a Joint Settlement Agreement was filed. REVIEW of ALJ Porterfield’s Recommended Decision approving the Joint Settlement Agreement.

ALJ-0407* R-00049165

R-00049165C0001 through R-00049165C0005

PA PUC, ET AL. v. THE YORK WATER COMPANY On April 28, 2004, York Water filed its Supplement No. 66 to Tariff Water-Pa. P.U.C. No. 14 proposing a rate increase. Complaints were filed. On August 11, 2004, a Settlement Petition was filed. REVIEW of ALJ Weismandel’s Recommended Decision approving the Settlement Petition.

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PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA

SEPTEMBER 30, 2004



FUS-1382 R* R-00016683 R-00049812

Generic Investigation Re: VERIZON PA, INC’S. Unbundled Network Element Rates. Tariff Revision of Order entered July 16, 2004. Petition for Expedited Determination of Final Rates (time and material charges). RECOMMENDATION that the Commission approve the proposed Order.

LAW BUREAU

L-0084* P-00961027 Request of US LEC OF PA, INC. for one block of

1,000 Telephone Numbers in the 724 Area Code. RECOMMENDATION that the Commission grant US LEC’s request and that Neustar Pooling Administration assign the entire block within five business days, consistent with the proposed Order.

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PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA

SUPPLEMENTAL

SEPTEMBER 30, 2004



FUS-1048* P-00032071 DUQUESNE LIGHT COMPANY

Home Office – Pittsburgh, PA Provider of Last Resort Compliance Filing for Large Commercial and Industrial Customers. RECOMMENDATION that the Commission adopt the proposed Order.

PENNSYLVANIA PUBLIC UTILITY COMMISSION PUBLIC MEETING ... · Xpres Limousine Service, Inc. at...

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