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PENNSYLVANIA PUBLIC UTILITY COMMISSION ________________ PUBLIC MEETING ________________ MARCH 1, 2007 (TF) 10:00 A. M. MAIN HEARING ROOM NO. 1 SECOND FLOOR COMMONWEALTH KEYSTONE BUILDING __________________ The Commission will act on various matters at today’s meeting, which is open to the public. However, since adequate forums have been made available for public participation in cases before the Commission, there will be no opportunity for the public to address the Commission. The attached agenda is complete at the time of issuance, but other items may be added and some stricken without further notice. The listing of an item on the agenda does not necessarily mean that the Commission will take final action on it at this meeting. When the Commission does take final action, its decision---except on routine, uncontested tariff filings---will be put in writing and served on the interested parties and made public at the time it is entered and served. All public documents---such as orders, opinions, hearing transcripts, comments, initial and recommended decisions, and the like---relating to items on the agenda, may be examined in the Commission’s File Room located in Room N-201, Second Floor, this Building. The Commissioners seated on the bench are: COMMISSIONER VICE CHAIRMAN CHAIRMAN COMMISSIONER COMMISSIONER Terrance J Fitzpatrick James H Cawley Wendell F Holland Kim Pizzingrilli Vacancy THE TAKING OF PHOTOGRAPHS IS PERMITTED PROVIDED FLASH IS NOT USED. The Next Public Meeting is Tentatively Scheduled for Thursday, March 22, 2007 at 10:00 a.m. Minutes of the Meeting of January 26, 2007 (JC) BUREAU DIRECTORS AND MEMBERS OF THE LEGAL, TECHNICAL AND ADMINISTRATIVE STAFF OF THE COMMISSION

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Page 1: PENNSYLVANIA PUBLIC UTILITY COMMISSION PUBLIC MEETING ... · TSM-0003* A-00123043 Application of WAYNESBURG CAB SERVICE, INC., Waynesburg, Greene County, for the right to begin to

PENNSYLVANIA PUBLIC UTILITY COMMISSION ________________

PUBLIC MEETING

________________

MARCH 1, 2007 (TF)

10:00 A. M.

MAIN HEARING ROOM NO. 1 SECOND FLOOR COMMONWEALTH KEYSTONE BUILDING

__________________

The Commission will act on various matters at today’s meeting, which is open to the public. However, since adequate forums have been made available for public participation in cases before the Commission, there will be no opportunity for the public to address the Commission. The attached agenda is complete at the time of issuance, but other items may be added and some stricken without further notice. The listing of an item on the agenda does not necessarily mean that the Commission will take final action on it at this meeting. When the Commission does take final action, its decision---except on routine, uncontested tariff filings---will be put in writing and served on the interested parties and made public at the time it is entered and served. All public documents---such as orders, opinions, hearing transcripts, comments, initial and recommended decisions, and the like---relating to items on the agenda, may be examined in the Commission’s File Room located in Room N-201, Second Floor, this Building. The Commissioners seated on the bench are: COMMISSIONER VICE CHAIRMAN CHAIRMAN COMMISSIONER COMMISSIONER Terrance J Fitzpatrick James H Cawley Wendell F Holland Kim Pizzingrilli Vacancy THE TAKING OF PHOTOGRAPHS IS PERMITTED PROVIDED FLASH IS NOT USED. The Next Public Meeting is Tentatively Scheduled for Thursday, March 22, 2007 at 10:00 a.m.

Minutes of the Meeting of January 26, 2007 (JC)

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

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1-A

***ANNOUNCEMENTS***

THE NEXT PUBLIC MEETING OF THE PENNSYLVANIA PUBLIC UTILITY

COMMISSION IS SCHEDULED FOR THURSDAY, MARCH 22, 2007, AT 10:00 A.M., IN HEARING ROOM #1, SECOND FLOOR, COMMONWEALTH KEYSTONE BUILDING, 400 NORTH STREET. AN AGENDA FOR PUBLIC MEETING WILL BE MADE AVAILABLE TO ALL COMMISSIONERS AND INTERESTED PERSONS PRIOR TO THE PUBLIC MEETING. ALSO, THE COMMISSION WILL HOLD AN EXECUTIVE SESSION ON THURSDAY, MARCH 1, 2007, FOLLOWING PUBLIC MEETING, AT APPROXIMATELY 10:30 A.M., IN THE CHAIRMAN’S OFFICE, THIRD FLOOR, KEYSTONE BUILDING. THE COMMISSION’S AGENDA WILL BE LIMITED TO: 1. DISCUSSING PERSONNEL MATTERS. 2. CONSULTING WITH ITS LEGAL OR TECHNICAL STAFF ABOUT ACTIONS WHICH THIS COMMISSION IS LITIGATING BEFORE OTHER ADMINISTRATIVE AGENCIES OR COURTS. 3. DISCUSSING CASES WHICH WILL BE COMMENCED OR ADJUDICATED BY COMMISSION ACTION. 4. REVIEWING LEGALLY PRIVILEGED OR CONFIDENTIAL MATTERS. 5. DISCUSSING COLLECTIVE BARGAINING ISSUES. 6. CONSIDERING THE PURCHASE OR LEASE OF REAL ESTATE. AN AGENDA FOR THE EXECUTIVE SESSION WILL BE DISTRIBUTED TO ALL COMMISSIONERS IN ADVANCE OF THIS SESSION. THIS NOTICE IS PROVIDED IN ACCORDANCE WITH ACT 84 of 1986, KNOWN AS THE SUNSHINE ACT.

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

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.

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PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

2

TSM-0059* (PP from 2/8/07)

A-00123424, F.6000 Application of BCC LIBERTY, INC., t/d/b/a CAR 1, Philadelphia, Philadelphia County, for emergency temporary authority to transport, as a common carrier, by motor vehicle, persons in airport transfer service. RECOMMENDATION that the Commission adopt the proposed order approving the emergency temporary application.

TSM-0003* A-00123043 Application of WAYNESBURG CAB SERVICE,

INC., Waynesburg, Greene County, for the right to begin to transport, as a common carrier, by motor vehicle, persons, upon call or demand. RECOMMENDATION that the Commission adopt the proposed order approving the application.

TSM-0022* A-00123147 Application of AIR STAR TRANSPORTATION

& LIMOUSINE SERVICE, INC., Mars, Allegheny County, for the right to begin to transport, as a common carrier, by motor vehicle, persons in limousine service, which is to be a transfer of the rights authorized under the certificate issued at A-00117754, Folder 1, to Chareani, Inc., t/d/b/a All Occasion Limousine, subject to the same limitations and conditions. RECOMMENDATION that the Commission adopt the proposed order approving the transfer application and cancelling the Folder 1 authority of the transferor by Supplemental Order.

TSM-0023* A-00123154 Application of BRANDON MICHAEL

MCCANDLESS, t/d/b/a NITE TRAIN LIMOUSINE, Mt. Wolf, York 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 limousine application.

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PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

3

TSM-0024* A-00122685 Application of EASTERN AREA PREHOSPITAL SERVICE, Turtle Creek, Allegheny 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, as amended.

TSM-0028* A-00123174 Application of JOSEPH M. KILMER, JR., Port

Royal, Juniata 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-0029* A-00123195 Application of MICHAEL DEAN AXE, Manheim,

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-0030* A-00123030 Application of LAYTRAC TRANSPORTATION,

LLC, t/a SOUTHERN COUNTIES CAB & RADIO DISPATCHING COMPANY, Chester, Delaware County, for the right to begin to transport, as a common carrier, by motor vehicle, persons upon call or demand. RECOMMENDATION that the Commission dismiss the application for failure to file the applicant’s verified statements and verified statement of support.

TSM-0032* A-00123173 Application of FRANK D. SLATER, Penn Run,

Indiana County, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles. RECOMMENDATION that the Commission adopt the proposed order dismissing the application.

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PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

4

TSM-0033* A-00123196, F.2 Application of ELEANORE BARTELL, t/a BARTELL SERVICES, Pottsville, Schuylkill 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-0034* A-00123222 Application of KC LIMOUSINES, LLC,

Washington, Allegheny County, for the initial right to transport, as a common carrier, by motor vehicle, persons in limousine service, which is to be a transfer of all the rights authorized under the certificate issued at A-000110720, F.2 to Jack M. Pavella, t/a Jack Pavella’s Lamplighter Limousine Service, subject to the same limitations and conditions. 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-0035* A-00122508 Application of BRADLEY A. KLEFFEL, t/a

BRAD’S HOME AND FARM CARE, Mohrsville, Berks County, for the right to begin to transport, as a common carrier, by motor vehicle, household goods in use. RECOMMENDATION that the Commission adopt the proposed order approving the application as amended.

TSM-0036* A-00123112 Application of MARY E. RUSSELL, Leola,

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.

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PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

5

TSM-0038* A-00102154 R-00072163

POTTSTOWN URBAN TRANSIT, INC., Pottstown, Montgomery County. Increase in Rates. RECOMMENDATION that Scheduled Route Pa. PUC No. 8 be approved to become effective on March 5, 2007.

TSM-0041* A-00114599

R-00072164HAZLE YELLOW CAB COMPANY, INC., Hazleton, Luzerne County. Increase in Rates. RECOMMENDATION that Tariff Call or Demand Pa. PUC No. 4 be approved to become effective on March 5, 2007.

TSM-0042* A-00108867 Application of PERSONAL TOUCH

LIMOUSINE, INC., t/d/b/a V.I.P. LIMOUSINE SERVICE, Coraopolis, Allegheny county, for the discontinuance of service and cancellation of its certificate, as a common carrier, by motor vehicle, at A-00108867, authorizing the transportation of persons, in limousine service. RECOMMENDATION that the Commission adopt the proposed order approving the application cancelling the certificate at A-00108867.

TSM-0044* A-00097635

R-00072165JAMES C. LOGAN, Chester, Delaware County. Increase in Rates. RECOMMENDATION that Tariff Freight Pa. P.U.C. No. 17 be approved to become effective on March 5, 2007.

TSM-0045* A-00120055, F.4 Application of CHOICE CAB COMPANY,

Clarion, Clarion County, for the additional right to transport, as a common carrier, by motor vehicle, persons in airport transfer service. RECOMMENDATION that the Commission adopt the proposed order dismissing the application.

TSM-0046* A-00120712

R-00072166 AIRPORT ORBIT, INC., Slippery Rock, Butler County. Increase in Rates. RECOMMENDATION the Tariff Call or Demand Pa. PUC No. 4 be approved to become effective on March 5, 2007.

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PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

6

TSM-0049* A-00091652 R-00072167

MCKEAN & BURT, INC., t/a ALL WAYS MOVING & STORAGE, Washington, Washington County. Increase in Rates. RECOMMENDATION that the 3rd Revised Page 14-C to Tariff Freight Pa. PUC No. 54 be approved to become effective on March 5, 2007.

TSM-0050* A-00116101, F.4 Application of AIRPORT TAXI LIMOUSINE

AND COURIER SERVICE OF LEHIGH VALLEY, INC., Allentown, Lehigh County, for the discontinuance of service and cancellation of its certificate, as a common carrier, by motor vehicle, at A-00116101, F.4, authorizing the transportation of persons, in airport transfer service. RECOMMENDATION that the Commission adopt the proposed order approving the application cancelling the certificate at A-00116101, F.4.

TSM-0051* A-00113305

R-00072168 ALL WAYS WORLD WIDE MOVING, INC., Washington, Washington County. Increase in Rates. RECOMMENDATION that Page 14-E to Tariff Freight Pa. PUC No. 54 be approved to become effective on March 5, 2007.

TSM-0054* A-00105495 Application of JAMES KIRTZ, t/a JIMMY

MOVING & HAULING, Philadelphia, Philadelphia county, for the discontinuance of service and cancellation of his certificate, as a common carrier, by motor vehicle, at A-00105495, authorizing the transportation of household goods in use. RECOMMENDATION that the Commission adopt the proposed order approving the application and cancelling the certificate at A-00105495.

TSM-0060* A-00117054, R-00072174 RICHARD L. & BETTY J. MOORE,

COPARTNERS, t/a VIROSTICK TRANSFER COMPANY, Sharon, Mercer County. Increase in Rates. RECOMMENDATION that Tariff Freight Pa. PUC No. 3 be approved to become effective on March 5, 2007.

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PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

7

TSM-0064* A-00123178 Application of FRANCISCO DURAN, Hazleton, Luzerne 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 dismissing the application.

TSM-0065* A-00123101 Application of LARRY E. MCQUEEN, Linesville,

Crawford County, for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles. RECOMMENDATION that the Commission adopt the proposed order dismissing the application.

TSV-0002* A-00122387C0601,

A-00122387, F.1 PENNSYLVANIA PUBLIC UTILITY COMMISSION v. STEVEN E. KOLSESAR t/a EPIC LIMOUSINE, Coraopolis, Allegheny County, instituted a complaint alleging that respondent failed to obey and comply with a Commission Secretarial letter by failing to achieve a satisfactory evaluation on his Safety Fitness Review, a violation of 66 Pa. C.S. §501(c) and failed to maintain adequate, efficient, and safe service and facilities, a violation of 66 Pa. C.S. §1501. RECOMMENDATION that the Commission adopt the proposed order sustaining the complaint and revoking the respondent’s authority at Docket No. A-00122387, F.1.

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PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

8

TSV-0003* C-20066588 PENNSYLVANIA PUBLIC UTILITY COMMISSION v. TRANSPORTATION BY DESIGN, INC., Murrysville, Westmoreland County, instituted a complaint alleging that respondent, held itself out to Denise Cohen, Manager of this Commission’s Pittsburgh District Office, to transport persons to a prom on May 12, 2006, in limousine service for compensation between points in the Commonwealth of Pennsylvania while not then holding a Certificate of Public convenience issued by this Commission. RECOMMENDATION that the Commission adopt the proposed order directing that the instant complaint be sustained, that respondent be fined three thousand dollars ($3,000), that the PA Department of Transportation be directed, pursuant to 75 Pa. C.S. §1375(a), to suspend the motor vehicle registration of the vehicle and that respondent cease and desist from further violations.

TSV-0005* A-00112785, ET

AL ELEVEN Commission Orders adjudicating BUREAU OF TRANSPORTATION AND SAFETY instituted complaints 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 Orders directing that the complaints be sustained, that the Certificates be cancelled, and that some be fined.

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PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

9

TSV-0007* A-00119235C0601 PENNSYLVANIA PUBLIC UTILITY COMMISSION v. A PLUS FAMILY MOVERS, INC., Burlington, NJ, instituted a complaint alleging that respondent charged an improper rate other than that specified in the tariff on file with this Commission; failed to furnish the shipper with an Information for Shippers statement prior to the preparation of an order for service; failed to relinquish possession of the complete shipment at the destination upon payment of the estimate; and failed to file a report of underestimates with this Commission. RECOMMENDATION that the Commission adopt the proposed order sustaining the complaint; that respondent be fined a total of one thousand, six hundred dollars ($1,600.00) and that respondent cease and desist from further violations.

TSV-0008* A-00108417C0601 PENNSYLVANIA PUBLIC UTILITY

COMMISSION v. FAIRVIEW LIMOUSINE CO., INC., Collegeville, Montgomery County instituted a complaint alleging that respondent abandoned or discontinued limousine service without having submitted a letter to this Commission containing a statement that the service is no longer being rendered. RECOMMENDATION that the Commission adopt the proposed order sustaining the complaint; revoke the respondent’s certificate of public convenience at Docket No. A-00108417; and that respondent cease and desist from further violations.

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PUC-246 *Denotes Order

BUREAU OF TRANSPORTATION AND SAFETY

BUREAU NO. DOCKET NO. NAME AND SUBJECT

10

TSV-0009* A-00121184C0601 PENNSYLVANIA PUBLIC UTILITY COMMISSION v. S. S. SAHIB CAB CO., Upper Darby, Delaware County instituted a complaint alleging that respondent operated its vehicle while under suspension for failing to maintain evidence of insurance on each of its vehicles used in providing service authorized by this Commission; respondent’s log sheets were incomplete; and respondent failed to retain the log sheets for at least 2 years. RECOMMENDATION that the Commission adopt the proposed order sustaining the complaint; that respondent be fined a total of nineteen thousand dollars ($19,000.00); and that respondent cease and desist from further violations.

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PUC-246 *Denotes Order

BUREAU OF AUDITS

BUREAU NO. DOCKET NO. NAME AND SUBJECT

11

AUD-0003 D-05MGT002 D-05MGT003 D-05MGT004

METROPOLITAN EDISON COMPANY PENNSYLVANIA ELECTRIC COMPANY PENNSYLVANIA POWER COMPANY Reading, Erie and New Castle, PA Stratified Management and Operations Audit. The consulting firm has completed its work and submitted an audit report containing 50 recommendations for improvement. The FE-PA Companies responded with their Implementation Plan classifying 37 recommendations as accepted, 5 recommendations as accepted in part, and 8 recommendations as rejected. RECOMMENDATION to make the Audit Report and Implementation Plan public.

AUD-0004 R-00072126

R-00072125

CITIZENS’ ELECTRIC COMPANY Lewisburg, PA WELLSBORO ELECTRIC COMPANY Wellsboro, PA Generation Supply Service Rates Effective March 1, 2007. RECOMMENDATION that the Commission approve Citizens’ Supplement No. 27 to Tariff Electric-Pa. P.U.C. No. 14, as corrected, effective March 1, 2007 and Wellsboro’s Supplement No. 29 to Tariff Electric-Pa. P.U.C. No. 8, effective March 1, 2007.

AUD-0005 M-00991254 DELAWARE VALLEY REGIONAL ECONOMIC

DEVELOPMENT FUND The requirement that the Delaware Valley Regional Economic Development Fund submit semi-annual reports with supporting statements of accounts to the Bureau of Audits will expire following the six-month period ending December 31, 2006 unless the Commission acts to extend the requirement. RECOMMENDATION that the Delaware Valley Regional Economic Development Fund be directed to continue to file, with the Commission’s Bureau of Audits, semi-annual reports with supporting statements of account until the Commission approves new transmission and distribution rates for PECO Energy.

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PUC-246 *Denotes Order

OFFICE OF SPECIAL ASSISTANTS

BUREAU NO. DOCKET NO. NAME AND SUBJECT

12

OSA-0015* A-311204F7002 Joint Petition of THE UNITED TELEPHONE COMPANY OF PENNSYLVANIA d/b/a EMBARQ and GRANITE TELECOMMUNICATIONS, LLC filed on January 4, 2007, for Approval of an Amendment No. 2. No comments have been received. RECOMMENDATION that the Commission adopt the proposed Opinion and Order granting the Joint Petition.

OSA-0021* A-00098850 Application of PENNDOT for Approval of

construction on the tracks of the READING COMPANY in the city of Philadelphia, Pennsylvania. By Order entered on June 29, 1999, the Commission granted in part and denied in part PennDOT’s Petition requesting withdrawal of its Application. The Order provided that PennDOT should file a new Application within one year of the date of entry of the Opinion and Order. On December 6, 2006, PennDOT filed the instant Petition to Modify Commission Order requesting that the deadline for its filing of a new Application be extended until December 31, 2010. RECOMMENDATION that the Commission deny PennDOT’s Petition, consistent with the proposed Opinion and Order.

OSA-0029* A-00111921C0601 PA PUC, BTS v. JOHN W. BONK, t/a JOHN W.

BONK TRUCKING (settlement agreement) On January 4, 2007, Law Bureau Prosecutory Staff and Respondent filed a Settlement Agreement to satisfy a Complaint filed by BTS alleging that Respondent transported property for compensation, while not holding a Certificate of Public Convenience. As part of the Settlement, the Respondent agreed to comply with the Public Utility Code and the Commission’s Regulations in the future, and to pay a penalty. RECOMMENDATION that the Commission adopt the proposed Opinion and Order which approves the Settlement Agreement as filed.

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PUC-246 *Denotes Order

OFFICE OF SPECIAL ASSISTANTS

BUREAU NO. DOCKET NO. NAME AND SUBJECT

13

OSA-0030* A-00122357 Application of DAFIX ENTERPRISES, INC. On December 26, 2006, the Initial Decision of ALJ Corbett, Jr. was issued recommending that Dafix’s Application be approved. On January 19, 2007, South Hills Movers, Inc. and Central Van & Storage of Charleston, Inc., d/b/a Central Van & Storage Company, Inc. filed Exceptions. Reply Exceptions were filed by Dafix and Gary Martin Geiger on January 26, and January 20, 2007, respectively. RECOMMENDATION that the Commission adopt the proposed Opinion and Order which denies the Exceptions and adopts the ALJ’s Initial Decision.

OSA-0031* A-31106F7034 Joint Petition of VENUS TELEPHONE COMPANY

and DOBSON CELLULAR SYSTEMS, INC. filed on January 12, 2007, for Approval of an Interconnection Agreement. No comments have been received. RECOMMENDATION that the Commission adopt the proposed Opinion and Order granting the Joint Petition.

OSA-0039* A-00108419C0603 PA PUC, BTS v. ERIE TRANSPORTATION

SERVICES, INC., t/a ERIE YELLOW CAB (settlement agreement) On January 12, 2007, Law Bureau Prosecutory Staff and Erie Transportation Services, Inc. filed a Settlement Agreement in order to satisfy a Complaint filed by BTS alleging that Erie operated while its Certificate was under suspension for failure to file evidence of insurance. Additionally it was discovered that Erie failed to maintain complete log sheets and failed to charge the proper rate found in its tariff. BTS requested a civil penalty for the violations. RECOMMENDATION that the Commission adopt the proposed Opinion and Order which approves the Settlement Agreement as filed.

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PUC-246 *Denotes Order

OFFICE OF SPECIAL ASSISTANTS

BUREAU NO. DOCKET NO. NAME AND SUBJECT

14

OSA-0040* C-20066190 GLENN I. SIBLEY v. NATIONAL FUEL GAS DISTRIBUTION CORPORATION (alleged property damage) Complainant alleged that NFG had turned off his gas while he was in Florida and that damage to his property had ensued. ALJ Nemec issued an Initial Decision recommending that the Complaint be dismissed. On January 8, 2007, Complainant filed Exceptions. RECOMMENDATION that the Commission adopt the proposed Opinion and Order which denies the Complainant’s Exceptions and adopts the ALJ’s Initial Decision.

OSA-0041* C-20066331 DORIS ANNE WILSON v. PENNSYLVANIA-

AMERICAN WATER COMPANY (billing dispute) On May 1, 2006, Complainant alleged incorrect charges on her bill. Complainant filed Exceptions to ALJ Smolen’s August 14, 2006 Initial Decision recommending that the Complaint be dismissed. RECOMMENDATION that the Commission deny the Complainant’s Exceptions, and adopt the ALJ’S Initial Decision, consistent with the proposed Opinion and Order.

OSA-0042* F-01851537 MARY ANN VELLUCCI v. PPL ELECTRIC

UTILITIES (Petition for Reconsideration) By Opinion and Order entered November 13, 2006, the Commission denied the Exceptions filed by Complainant and adopted ALJ Jandebeur’s August 16, 2006 Initial Decision dismissing the Complaint. On December 15, 2006, Complainant filed a Petition for Reconsideration of the Commission’s Opinion and Order. RECOMMENDATION that the Commission adopt the proposed Opinion and Order, which denies the Petition for Reconsideration.

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PUC-246 *Denotes Order

OFFICE OF SPECIAL ASSISTANTS

BUREAU NO. DOCKET NO. NAME AND SUBJECT

15

OSA-0043* F-01851531 MAYRETTA WILSON-THOMAS v. PECO ENERGY COMPANY (billing dispute) On June 30, 2006, the Initial Decision of ALJ Chestnut was issued recommending that the Complaint be dismissed. By Opinion and Order entered December 1, 2006, the Commission denied the Exceptions filed by Complainant and adopted the Initial Decision. On January 1, 2007, Complainant filed a Petition for Reconsideration. RECOMMENDATION that the Commission adopt the proposed Opinion and Order, which denies the Petition for Reconsideration.

OSA-0046* I-00890087 Investigation of the tracks of UNION RAILROAD

COMPANY in Allegheny County PennDOT filed a Petition to Modify Commission Order on November 2, 2006, and a Supplemental Petition to Modify on February 1, 2007, requesting that the Commission recognize the work at the crossing has been completed satisfactorily, and the instant proceeding be marked “closed.” RECOMMENDATION that the Commission adopt the proposed Opinion and Order granting the Petition.

OSA-0050* G-00051141 Affiliated Interest Agreement among DUQUESNE

LIGHT COMPANY and its NON-JURISDICTIONAL AFFILIATES On November 22, 2006, Duquesne filed a Petition for Clarification, seeking an amendment to the Commission’s Opinion and Order of November 9, 2006. Duquesne seeks to have the reporting requirements amended so that reports are required only for the quarters in which Duquesne actually participates in the Cash Pool. RECOMMENDATION that the Commission adopt the proposed Opinion and Order, which grants the Petition in part and denies it in part, and extends the filing deadline for the fourth quarter of 2006 from March 1, 2007, to April 2, 2007.

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FUS-0417* M-00920381 On December 20, 2006, the Commission received CARBON COUNTY’S 911 SYSTEM RENEWAL PLAN, from the Pennsylvania Emergency Management Agency requesting formal review of the costs associated with the contribution rate of $1.50 per access line per month and a recommendation to PEMA within 90 days of the receipt date. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0806* R-00072070 MARIETTA GRAVITY WATER COMPANY

Home Office – Marietta, PA Supplement No. 56 to Tariff Water-Pa. P.U.C. No.4 filed January 17, 2007, to become effective March 16, 2007, proposing a new private fire protection rate for an eight (8) inch service line. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0812* A-210300F2000 Application filed December 15, 2006, by PHILIP

M. BUSS WATER COMPANY, INC., for approval of the abandonment of all water service to the public in portions of Upper Milford Township, Lehigh County, PA. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-0814* A-230240F0030 Application filed June 28, 2006, by LITTLE

WASHINGTON WASTEWATER COMPANY d/b/a SUBURBAN WASTEWATER COMPANY, for approval to begin to offer, render, furnish or supply wastewater service to the public in portions of Londonderry Township, Chester County. RECOMMENDATION that the Commission adopt the proposed Order.

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FUS-1010* A-110500F0388 Letter of Notification filed January 9, 2007, by PPL ELECTRIC UTILITIES CORPORATION, pursuant to 52 Pa. Code Chapter 57 Subchapter G, with respect to the Susquehanna-East Palmerton 230 kV Line modification in Hazle Township, Luzerne County. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1309* A-313000 Application filed July 8, 2003, by SOUTH

CANAAN TELEPHONE COMPANY, for approval of the acquisition of all of the voting capital stock of South Canaan Services Company. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1310* A-311800F0006 Application filed December 11, 2006, by LAUREL

HIGHLAND TELEPHONE COMPANY, for approval of the sale and transfer of certain property to the affiliated entity of Laurel Highland Total Communications, Inc. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1311* A-311433 Application filed December 18, 2006, by

MULTILINE LONG DISTANCE, INC., for approval to offer, render, furnish or supply telecommunications services as a reseller of interexchange toll services. RECOMMENDATION that the Commission adopt the proposed Order.

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FUS-1312* A-310470F0015 A-310470F0016 A-310923F0011 A-310547F2001 A-310378F2000 A-311103F2000

Joint Application filed January 5, 2006, by TELCOVE OF YORK, TELCOVE OF EASTERN PENNSYLVANIA, TELCOVE OF PENNSYLVANIA, INC., TELCOVE OPERATIONS, INC., and TELCOVE INVESTMENT, LLC, for approval of an internal corporate reorganization whereby the assets, liabilities, and customer base of TelCove of York and TelCove of Eastern Pennsylvania would transfer to TelCove of Pennsylvania, Inc., and TelCove of Pennsylvania, Inc. would convert to a limited liability company; the assets, liabilities, and customer base of TelCove Investment, LLC would transfer to TelCove Operations, Inc., and TelCove Operations, Inc. would convert to a limited liability company; and TelCove of York, TelCove of Eastern Pennsylvania, and TelCove Investment, LLC to abandon service as telecommunication service providers. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1314 R* R-00061366, et al

R-00061367, et al P-00062213 & 2214 A-110300F0095 A-110400F0040

Compliance Filing filed January 17, 2007, by METROPOLITAN EDISON COMPANY and PENNSYLVANIA ELECTRIC COMPANY. RECOMMENDATION that the Commission adopt the proposed Order.

FUS-1315* S-00061177 Securities Certificate filed January 17, 2007, by

ATX LICENSING, INC., for registration pursuant to Chapter 19 of Public Utility Code, 66 Pa. C.S. § 1901, et seq., for participation in a financial arrangement with its parent, Broadview Networks Holdings, Inc., in a principal amount not to exceed $200,000,000. RECOMMENDATION that the Commission adopt the proposed Order.

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FUS-0807* R-00072074 LITTLE WASHINGTON WASTEWATER CO. d/b/a SUBURBAN WASTEWATER CO. – Little Washington Division. Home Office Bryn Mawr, PA. Supplement No. 28 to Tariff Sewer-Pa. P.U.C. No. 1, filed January 18, 2007, proposing an annual increase in rates of $168,407, to become effective March 21, 2007. Formal Complaints have been filed. RECOMMENDATION that the Commission institute an Investigation, noting that the proposed Supplement will be suspended by operation of law until October 21, 2007; and that the case be assigned to the OALJ, consistent with the proposed Order.

OTS-0003 R-00072074 LITTLE WASHINGTON WASTEWATER CO.

d/b/a SUBURBAN WASTEWATER CO. – Little Washington Division. Supplement No. 28 to Tariff Sewer-Pa. P.U.C. No. 1, filed January 18, 2007, to become effective March 21, 2007, proposing an annual increase in rates of $168,407. RECOMMENDATION that the Commission institute an Investigation and allow the filing to be suspended by operation of law through October 21, 2007.

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FUS-0808* R-00072073 LITTLE WASHINGTON WASTEWATER CO. d/b/a SUBURBAN WASTEWATER CO. – Peddlers View Division. Supplement No. 26, filed January 18, 2007, proposing an annual increase in rates of $59,165 to become effective March 21, 2007. A Formal Complaint has been filed. RECOMMENDATION that the Commission institute an Investigation, noting that the proposed Supplement will be suspended by operation of law until October 21, 2007; and that the case be assigned to the OALJ, consistent with the proposed Order.

OTS-0004 R-00072073 LITTLE WASHINGTON WASTEWATER CO.

d/b/a SUBURBAN WASTEWATER CO. – Peddler’s View Division. Supplement No. 26 to Tariff Sewer Pa. P.U.C. No. 1, proposing an annual increase in rates of $59,165, to become effective March 21, 2007. RECOMMENDATION that the Commission institute an Investigation and allow the filing to be suspended by operation of law or through October 21, 2007.

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FUS-0810* R-00072090 LITTLE WASHINGTON WASTEWATER CO. d/b/a SUBURBAN WASTEWATER CO. – Media Division. Supplement No. 29 to Tariff Sewer-Pa. P.U.C. No. 1, filed January 18, 2007, proposing an annual increase in rates of $64,969, to become effective March 25, 2007. A Formal Complaint has been filed. RECOMMENDATION that the Commission institute an Investigation, noting that the proposed Supplement will be suspended by operation of law until October 25, 2007; and that the case be assigned to the OALJ, consistent with the proposed Order.

OTS-0005 R-00072090 LITTLE WASHINGTON WASTEWATER CO.

d/b/a SUBURBAN WASTEWATER CO. Supplement No. 29 to Sewer-Pa. P.U.C. No. 1, to become effective March 25, 2007, proposing an annual increase in rates of $64,969. RECOMMENDATION that the Commission institute an Investigation and allow the filing to be suspended by operation of law.

FUS-0811* R-00072075 LITTLE WASHINGTON WASTEWATER CO.

d/b/a SUBURBAN WASTEWATER CO. – Chesterdale/Willistown Woods Division. Supplement No. 27 to Sewer-Pa. P.U.C. No. 1, proposing an annual increase in rates of $62,175, to become effective March 21, 2007. Formal Complaints have been filed. RECOMMENDATION that the Commission institute an Investigation, noting that the proposed Supplement will be suspended by operation of law until October 21, 2007; and that the case be assigned to the OALJ, consistent with the proposed Order.

OTS-0006 R-00072075 LITTLE WASHINGTON WASTEWATER CO.

Chesterdale/Willistown Woods Division. Supplement No. 27 to Sewer-Pa. P.U.C. No. 1, to become effective March 21, 2007, proposing an annual increase in rates of $62,175. RECOMMENDATION that the Commission institute an Investigation and allow the filing to be suspended by operation of law.

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LAW BUREAU

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L-0001* M-00031715 PENNSYLVANIA SUSTAINABLE ENERGY BOARD. RECOMMENDATION that the Commission approve the proposed Best Practices attached to the proposed Order.

L-0019* P-00062228 Petition of PHILADELPHIA GAS WORKS for an

Extension of Time to File its Universal Service and Energy Conservation Plan Pursuant to 52 Pa. Code § 62.4. RECOMMENDATION that the Commission, grant PHILADELPHIA GAS WORK’S request for an extension of time to file its Universal Service Plan as required by 52 Pa. Code § 62.4.

L-0021* M-00072014 Implementation of the PUBLIC UTILITY

CONFIDENTIAL SECURITY INFORMATION DISCLOSURE PROTECTION ACT. RECOMMENDATION that the Commission adopt the proposed Implementation Order to provide industry guidance on Act 156’s provisions.

L-0022* C-20066155

A-210113 LBPS v. FACTORYVILLE BUNKER HILL WATER CO. Petition for Reconsideration of the Commission’s November 15, 2006 Default Order. RECOMMENDATION that the Petition be approved, consistent with the proposed Order, to be published in the Pennsylvania Bulletin.

L-0023* C-20066133

A-311316 LBPS v. CORNERSTONE TELEPHONE CO., LLC. Petition for Rescission of the Commission’s November 15, 2006 Default Order. RECOMMENDATION that the Commission grant the Petition for Rescission, consistent with the proposed Order, to be published in the Pennsylvania Bulletin.

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ALJ-0109* (PP from 2/8/07)

C-20055642 CRYSTAL HARRIS v. PHILADELPHIA GAS WORKS On November 30, 2005, a complaint was filed alleging a billing dispute. PGW filed its answer on January 12, 2006. An Initial Decision was served on June 29, 2006 dismissing the complaint for lack of prosecution. Exceptions were filed by the complainant and the case was remanded to OALJ by Commission Order entered October 2, 2006. A hearing on remand was held on October 27, 2006. COMMISSION REVIEW of ALJ Nguyen’s Initial Decision on Remand dismissing the complaint.

ALJ-0110* (PP from 2/8/07)

C-20055546 LARRY G. VARNER v. VERIZON PA INC. On November 9, 2005, a complaint was filed alleging a service dispute. Verizon filed its answer on November 30, 2005. Hearings were held. COMMISSION REVIEW of ALJ Corbett’s Initial Decision denying the complaint.

ALJ-0111* (PP from 2/8/07)

C-20066385 LESLIE P. MIDLA v. EQUITABLE GAS COMPANY On May 23, 2006, a complaint was filed alleging a billing dispute. Equitable filed its answer on June 14, 2006. A hearing was held on August 16, 2006. COMMISSION REVIEW of ALJ Cocheres’ Initial Decision dismissing the complaint.

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ALJ-0119* A-310800F0010 A-311095F0005 A-311225F0003

JOINT APPLICATION OF COMMONWEALTH TELEPHONE COMPANY, CTSI, LLC, and CTE TELECOM, LLC d/b/a COMMONWEALTH LONG DISTANCE COMPANY for the acquisition by Citizens Communications Company of all of the stock of the Joint Applicants’ Corporate Parent, Commonwealth Telephone Enterprises, Inc. By Initial Decision dated December 14, 2006, ALJ Colwell granted the preliminary objections and dismissed BCAP as a party. BCAP was reinstated by the Commission, but subsequently withdrew its protest. On January 19, 2007, a Joint Petition for Approval of Unanimous Settlement Agreement was filed. REVIEW of ALJ Colwell’s Recommended Decision approving the Settlement.

ALJ-0120* R-00061691

R-00061691C0001-C0005

PA PUC, et al v. TIMBERLEE VALLEY SANITATION COMPANY, INC. On August 30, 2006 Timberlee Valley filed a request for a rate increase to become effective November 1, 2006. By Order entered October 19, 2006, the Commission suspended the effective date to June 1, 2007 and the Company further extended the effective date to July 1, 2007. Complaints were filed. On January 24, 2007, a Joint Petition for Settlement was filed. REVIEW of ALJ Gesoff’s Recommended Decision approving the Settlement.

ALJ-0121* F-02112171 DONNA PALONIS v. VERIZON PA INC.

On October 18, 2006, a complaint was filed alleging a service dispute. On November 20, 2006, Verizon filed an Answer with New Matter and a Preliminary Objection moving to dismiss the complaint. No hearings were held. COMMISSION REVIEW of Chief ALJ Smith’s Initial Decision dismissing the complaint.

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ALJ-0122* C-20066575 STAMBAUGH AIR SERVICE v. UGI UTILITIES, INC. On July 5, 2006, a complaint was filed alleging a billing dispute. On July 31, 2006, UGI filed its answer. A hearing was held on October 12, 2006. COMMISSION REVIEW of ALJ Meehan’s Initial Decision dismissing the complaint with prejudice.

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PUC-246 *Denotes Order

PENNSYLVANIA PUBLIC UTILITY COMMISSION

CARRY-IN AGENDA

MARCH 1, 2007

OFFICE OF SPECIAL ASSISTANTS

BUREAU NO. DOCKET NO. NAME AND SUBJECT

OSA-0049* R-00061366, et al PA PUC v. MET-ED/PENELEC – Petitions for Approval of a Rate Transition Plan; Re: Merger Savings Remand Proceeding. Petitions for Reconsideration of the Commission’s January 11, 2007 Opinion and Order filed by various Parties. RECOMMENDATION that the Petitions for Reconsideration filed by Met-Ed, Penelec and OCA are denied; and that the Petition filed by MEIUG/PICA is denied in part and granted in part, consistent with the proposed Opinion and Order.

OSA-0054* P-00052149 VIKING ENERGY OF NORTHUMBERLAND.

Petition for Reconsideration of the Commission’s Opinion and Order entered February 12, 2007 which determined the issues involved in the Petition for Declaratory Order regarding Ownership of Alternative Energy Credits and any Environmental Attributes Associated with Non-Utility Generation Facilities. RECOMMENDATION that the Commission grant reconsideration, pending further review of and consideration on the merits.

BUREAU OF FIXED UTILITY SERVICES

FUS-1011* A-120700F0009 Application of COLUMBIA GAS OF PA, INC. for

Approval of a Transfer of Assets by Sale of Real Estate Property. RECOMMENDATION that the Application be approved, consistent with the proposed Order.

PUC-246

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*Denotes Order

COMBINED BUREAU AGENDA BUREAU NO. DOCKET NO. NAME AND SUBJECT

L-0020* P-00072253

P-00951005F1000 Petition of FRONTIER COMMUNICATIONS OF BREEZEWOOD, LLC, et al for a Protective Order regarding their Price Stability Index/Service Price Index and Banking Report Filing for 2007. RECOMMENDATION that the Petition be granted in part and denied in part, consistent with the proposed Order.

FUS-0419*

P-00951005F1000

2007 Price Stability Index/Service Price Index Filing of FRONTIER COMMUNICATIONS OF BREEZEWOOD, LLC, et al. RECOMMENDATION that the filing be approved, consistent with the proposed Order.

L-0024* P-00072252

P-00971229F1000 Petition of CITIZENS TELEPHONE CO. OF KECKSBURG for a Protective Order regarding its Price Stability Index/Service Price Index Report Filing for 2007. RECOMMENDATION that the Petition be granted in part and denied in part, consistent with the proposed Order.

FUS-0416* P-00971229F1000 2007 Price Stability Index/Service Price Index filing

of CITIZENS TELEPHONE CO. OF KECKSBURG. RECOMMENDATION that the filing be approved, consistent with the proposed Order.

L-0025* P-00072251

P-00971182F1000 Petition of IRONTON TELEPHONE CO. for a Protective Order regarding its Price Stability Index/Service Price Index Report Filing for 2007. RECOMMENDATION that the Petition be granted in part and denied in part, consistent with the proposed Order.

FUS-0418* P-00971182F1000 2007 Price Stability Index/Service Price Index filed

February 1, 2007 by IRONTON TELEPHONE CO. RECOMMENDATION that the filing be approved, consistent with the proposed Order.

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CARRY-IN AGENDA

SUPPLEMENTAL

MARCH 1, 2007

OFFICE OF SPECIAL ASSISTANTS

BUREAU NO. DOCKET NO. NAME AND SUBJECT

OSA-0038* A-00122208 Application of HARRISBURG CITY CAB CO.

Exceptions to ALJ Salapa’s October 4, 2006 Initial Decision filed October 18, 2006, by Maher Saber d/b/a United Cab; and Exceptions filed October 23, 2006 by Keystone Cab Services, Inc. Reply Exceptions filed October 25 and October 26, 2006 by Harrisburg City Cab Co. RECOMMENDATION that the Exceptions are denied, consistent with the proposed Opinion and Order.

COMMISSIONERS

C-0018 R-00061366 et al

MOTION OF CHAIRMAN WENDELL F. HOLLAND IN RE: METROPOLITAN EDISON CO. PENNSYLVANIA ELECTRIC CO.