April 18, 2007 Minutes

Wednesday, April 18, 2007 - 1:30 p.m.

Present:

Alan R. Schriber, Chairman
Ronda Hartman Fergus, Commissioner
Paul A. Centolella, Commissioner
Paul J. Duffy, Legal Director
Russ Gooden, Electric and Gas Sections, Legal Department
Jeff Jones, Telephone Section, Legal Department
Scott Farkas, Transportation and Water Sections, Legal Department
Vesta Miller, Legal Department

This meeting was convened pursuant to the regular agenda issued on April 12, 2007, for the week of April 16, 2007.

The minutes of the April 11, 2007 Commission Meeting were approved by the Commissioners.

The Commission met for the purpose of considering the following cases and to act upon the proposed Entries and/or Opinions and Orders.

Signing Session: April 18, 2007 at 1:32 p.m.

Electric:

05-1281-EL-CSS	Lawrence Boros v. The Cleveland Electric Illuminating Company (Consideration of opinion and order)	Rescheduled to appear on April 25, 2007 agenda.
06-24-EL-CSS	United Telephone Company dba Sprint and Sprint Spectrum v. Cincinnati Gas and Electric Company (Entry considering motion to dismiss)	Approval moved and seconded, vote 3-0.
07-189-EL-CSS	Larry D. Jones v. Ohio Edison Company (Entry considering motion to dismiss)	Approval moved and seconded, vote 3-0.

Gas:

(01-1228-GA-AIR (01-1539-GA-AAM	Duke Energy of Ohio, Inc. (formerly Cincinnati Gas and Electric Company) (Order considering stipulation addressing issues in the most recent Accelerated Main Replacement Program (AMRP) Rider rate increase)	Approval moved and seconded, vote 3-0.
(07-218-GA-GCR (07-219-GA-GCR	Duke Energy Ohio Dominion East Ohio Gas Company (Entry nunc pro tunc)	Approval moved and seconded, vote 3-0.
07-241-GA-ORD	In the Matter of the Commission's Review of Certain Rules in Chapter 4901:1-16, Ohio Administrative Code, to Incorporate Recent Changes in Federal Regulations (Entry considering proposing update)	Approval moved and seconded, vote 3-0.
07-329-GA-ARJ	Intrinergy, Inc. (Entry considering application for relief from jurisdiction)	Discussed. Approval moved and seconded, vote 3-0.
06-1503-GA-CSS	Mark Riegel/Riegel Farms LLC v. Columbia Gas of Ohio, Inc. (Entry considering motion to dismiss)	Approval moved and seconded, vote 3-0.
06-1512-GA-CSS	John A. Rose v. Vectren Energy Delivery of Ohio, Inc. (Entry considering motion to dismiss)	Approval moved and seconded, vote 3-0.
07-09-GA-CSS	Alonzo James v. Columbia Gas of Ohio, Inc. (Entry considering motion to dismiss)	Approval moved and seconded, vote 3-0.
07-114-GA-CSS	Cesar Cuevas v. The East Ohio Gas Company d/b/a Dominion East Ohio (Entry considering motion to dismiss)	Approval moved and seconded, vote 3-0.
07-226-GA-CSS	Steven F. Steinberg v. The East Ohio Gas Company d/b/a Dominion East Ohio (Entry considering motion to dismiss)	Approval moved and seconded, vote 3-0.

Telephone:

06-1485-TP-ARB	Verizon Access Transmission Services, Inc./United Telephone Company of Ohio dba Embarq (Consideration of arbitration award)	Discussed. Approval moved and seconded, vote 3-0.
07-59-TP-CSS	Richard D. Peterson v. International Satellite Communications (Entry considering motion to dismiss)	Discussed. Approval moved and seconded, vote 3-0.

Transportation:

03-1551-TR-CVF	Arctic Express, Inc. (Entry considering settlement agreement)	Approval moved and seconded, vote 3-0.
07-365-RR-STP	CSX Transportation/Union County (Finding and order considering grade crossing improvement)	Approval moved and seconded, vote 3-0.
07-366-RR-STP	Wheeling & Lake Erie and CSX Transportation/Medina County (Finding and order considering grade crossing projects)	Approval moved and seconded, vote 3-0.

Comments:

FMCSA Docket
2004-18940

Electronic On-Board Recorders for Hours of Service Compliance
(Comments to proposed rulemaking)
Discussed. The Commission proposed certain changes and authorized Staff to file comments with the proposed changes. Vote 3-0.