August 9, 2006 Minutes

Wednesday, August 9, 2006 - 1:30 p.m.

Present:

Alan R. Schriber, Chairman
Ronda Hartman Fergus, Commissioner
Judith A. Jones, Commissioner
Donald L. Mason, Commissioner
Valerie A. Lemmie, Commissioner
Russ Gooden, Electric Section, Legal Department
Gretchen Petrucci, Gas Section, Legal Department
Jeff Jones, Telephone Section, Legal Department
Steve Lesser, Transportation and Water Sections, Legal Department
Cecilia Tidd, Legal Department

This meeting was convened pursuant to the regular agenda issued on August 3, 2006, for the week of August 7, 2006.

The minutes of the July 26, 2006 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: August 9, 2006 at 1:30 p.m.

Electric:

Rehearings:

(96-999-EL-AEC
(99-1000-EL-PEB
(05-1057-EL-CSS

Ohio Power Company/Ormet Primary Aluminum Corporation
Ohio Power Company and South Central Power Company
Ormet Primary Aluminum Corporation and Ormet Aluminum Mill Products Corporation v. South Central Power Company and Ohio Power Company
(Consideration of applications for rehearing)

Approval moved and seconded, vote 5-0.

Others:

06-412-EL-UNC	Columbus Southern Power Company and Ohio Power Company (Entry considering implementing storm related service restoration cost recovery riders)	Approval moved and seconded, vote 5-0. Commissioner Mason issued a concurring opinion.
04-169-EL-UNC	Columbus Southern Power Company and Ohio Power Company (Entry addressing remand)	Approval moved and seconded, 4-0. Commissioner Lemmie abstained.
(05-725-EL-UNC (05-724-EL-UNC	Duke Energy Ohio, Inc. (Entry considering auditor for fuel and purchased power component and system reliability tracker review)	Approval moved and seconded, vote 5-0.
05-782-EL-CSS	Teleflex Aerospace v. The Cincinnati Gas and Electric Company, now known as Duke Energy Ohio, Inc. (Entry considering joint motion to dismiss)	Approval moved and seconded, vote 5-0.
05-1076-EL-CSS	Robert Kovach Sr. v. Ohio Edison Company (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
06-280-EL-PEB	Cincinnati Gas & Electric Company/South Central Power Company (Entry requesting revision to territorial boundary map)	Approval moved and seconded, vote 5-0.

(06-453-EL-CSS (06-707-EL-ABN (01-88-EL-CRS	Northeast Ohio Public Energy Council v. Green Mountain Energy Company Green Mountain Energy Company Green Mountain Energy Company (Finding and order considering dismissal of complaint and abandonment of certificate to provide competitive retail electric service)	Approval moved and seconded, vote 5-0.

Gas:

Rehearings:

05-1128-GE-ORD

In the Matter of the Review of Chapters 4901:5-1, 4901:5-3, 4901:5-5, and 4901:5-7, Ohio Administrative Code
(Entry considering applications for rehearing)
(rescheduled from 7/26)

Approval moved and seconded, vote 5-0.

Others:

00-1611-GA-UNC	Columbia Gas of Ohio, Inc. (Entry considering closure of docket)	Approval moved and seconded, vote 5-0.
06-447-GA-CSS	Audrey Durham v. The East Ohio Gas Company dba Dominion East Ohio (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
06-476-GA-GPS	Commission's Investigation of the Owners and Operators of a Gas Pipeline Facility in the Area of Bloomdale, Ohio (Entry considering stipulation)	Approval moved and seconded, vote 5-0.
06-549-GA-CSS	Seketa v. The East Ohio Gas Company dba Dominion East Ohio (Entry considering motion to dismiss)	Approval moved and seconded, vote 5-0.
06-680-GA-CSS	Wynn and Lois Elliott, Owners of Southern Moon Pit Bar B Que/Columbia Gas of Ohio, Inc. (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
(06-688-GE-UNC (06-689-GE-ATA	Duke Energy of Ohio, Inc. (Entry considering waiver request to allow disconnection of customers for failure to pay competitive retail gas and/or electric suppliers charges)	Rescheduled to appear on August 16, 2006 agenda.
06-714-GA-CSS	Braysley Famurewa v. Northeast Ohio Public Energy Council, Dominion Retail and The East Ohio Gas Company dba Dominion East Ohio (Entry considering joint motion to dismiss)	Approval moved and seconded, vote 5-0.
06-728-GA-CSS	Barbara Bean/Columbia Gas of Ohio, Inc. (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
06-780-GA-ORD	In the Matter of the Review of Chapter 4901:1-19, Ohio Administrative Code (Entry proposing adoption of rules)	Approval moved and seconded, vote 5-0.
06-818-PL-AIS	North Coast Gas Transmission, LLC (Finding and order considering request to enter into a revolving line of credit)	Approval moved and seconded, vote 5-0.

Telephone:

Rehearings:

(06-651-TP-ALT
(97-414-TP-UNC

Champaign Telephone Company Alt. Reg. Application
Commission's Oversight of OSLECA's Hardship Fund
(Entry considering applications for rehearing)

Approval moved and seconded, vote 5-0.

Others:

97-632-TP-COI	In the Matter of the Commission Investigation of the Intrastate Universal Service Discounts (Entry addressing the required filing of affidavits by rural and nonrural carriers regarding federal universal service high cost funding)	Approval moved and seconded, vote 5-0.
04-658-TP-CSS	Communication Options, Inc. v. ValTech Communications LLC (Consideration of opinion and order) (rescheduled from 7/26)	Rescheduled to appear on August 16, 2006 agenda.
05-1102-TP-ORD	Review of the Minimum Telephone Service Standards (MTSS) (Entry soliciting comments of staff proposal)	Approval moved and seconded, vote 5-0.
05-1114-TP-EMG	Wireless 9-1-1 Government Assistance Fund (Entry considering request for disbursement (Auglaize, Pickaway, Richland and Union Counties))	Approval moved and seconded, vote 5-0.
06-108-TP-SLF	AT&T Ohio (Finding and order considering application for a modification to its company-specific, intrastate, presubscribed interexchange carrier change charge)	Approval moved and seconded, vote 5-0.
06-437-TP-CSS	Larry May v. AT&T (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
06-675-TP-CSS	Ohio Urology, Inc./AT&T Ohio (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
06-722-TP-CSS	Michael R. Johnston v. AT&T Ohio (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
06-752-TP-CSS	IT Paramedics LTD v. AT&T Ohio (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.

Transportation:

04-1462-TR-ORD	In the Matter of the Review of Chapters 4901:2-1, 4901:2-5 and 4901:2-11, Ohio Administrative Code (Entry considering proposed amendments to Rule 4901:2-5-10, O.A.C. to the public for comment) (rescheduled from 7/26)	Approval moved and seconded, vote 5-0.
06-16-TR-CVF	John Byrd (Opinion and order considering civil forfeiture violations)	Stricken from the August 9, 2006 agenda.
06-609-TR-CVF	In the Matter of the Default of Carriers and Drivers Pursuant to Rule 4901:2-7-14, Ohio Administrative Code (Entry considering defaults and collections)	Approval moved and seconded, vote 5-0.
04-973-RR-RCP	Indiana & Ohio Railroad/Hamilton County (Entry considering request for an extension of time)	Approval moved and seconded, vote 5-0.
05-946-RR-FED	CSX Transportation/Delaware and Henry Counties (Entry considering requests for extensions of time)	Approval moved and seconded, vote 5-0.
(05-951-RR-FED (06-557-RR-FED	Indiana & Ohio Central Railway/Clermont and Hamilton Counties (Entry considering requests for extensions of time)	Approval moved and seconded, vote 5-0.
05-455-TR-CVF	Stanley F. Peters (Entry considering settlement agreement)	Approval moved and seconded, vote 5-0.
06-930-RR-FED	Norfolk Southern/Sandusky County (Entry considering request for grade crossing improvement project)	Approval moved and seconded, vote 5-0.
06-939-RR-RCP	Wheeling & Lake Erie Railway/Stark County (Entry considering request for modification of circuitry)	Approval moved and seconded, vote 5-0.

Comments:

FCC CC
Docket No. 99-200

In the Matter of Numbering Resource Optimization
(New Mexico petition for delegated authority)
The Commission approved the filing of the comments in support of petition. Vote 5-0.