December 17, 2008 Minutes

Wednesday, December 17, 2008 - 11:00 a.m.

Present:

Alan R. Schriber, Chairman
Ronda Hartman Fergus, Commissioner
Valerie A. Lemmie, Commissioner
Paul A. Centolella, Commissioner
Cheryl L. Roberto, Commissioner
Paul J. Duffy, Legal Director
Kim Bojko, Electric Section, Legal Department
Jeanne Kingery, Gas Section, Legal Department
Jeff Jones, Telephone and Water Sections, Legal Department
Scott Farkas, Transportation Section, Legal Department
Dan Shields, Utilities Department
Vesta Miller, Legal Department

This meeting was convened pursuant to the regular agenda issued on December 11, 2008, for the week of December 15, 2008.

The minutes of the December 10, 2008 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: December 17, 2008 at 11:05 a.m.

All Utilities:

08-01-AU-UNC	Filing of Annual Reports for Calendar Year 2007 (Entry considering cancellation of operating authority)	Approval moved and seconded, vote 5-0.
08-723-AU-ORD	In the Matter of the Commission's Review of Chapters 4901:1-17 and 4901:1-18 and Rules 4901:1-5-07, 4901:1-10-22, 4901:1-13-11, 4901:1-15-17, 4901:1-21-14, and 4901:1-29-12 of the Ohio Administrative Code (Finding and order considering proposed rule revisions) (rescheduled from 12/10)	Approval moved and seconded, vote 5-0.

Electric:

Rehearings:

06-653-EL-ORD

In the Matter of the Commission's Review of Chapters 4901:1-9, 4901:1-10, 4901:1-21, 4901:1-22, 4901:1-23, 4901:1-24, and 4901:1-25 of the Ohio Administrative Code
(Entry considering applications for rehearing)

Approval moved and seconded, vote 5-0.

Others:

08-658-EL-UNC	Ohio Department of Development (Opinion and order considering approval of 2008 amended application for adjustments to the Universal Service Fund riders)	Approval moved and seconded, vote 5-0.
08-888-EL-ORD	Adoption of Rules for Alternative and Renewable Energy Technology, Resources & Climate Regulations, and Review of Chapters 4901:5-1, 4901:5-3, and 4901:5-5 of the Ohio Administrative Code, Pursuant to Amended Substitute Senate Bill No. 221 (Consideration of finding and order) (rescheduled from 12/10)	Stricken from the December 17, 2008 agenda.
(08-920-EL-SSO (08-921-EL-AAM (08-922-EL-UNC (08-923-EL-ATA	Duke Energy Ohio Duke Energy Ohio Duke Energy Ohio Duke Energy Ohio (Consideration of opinion and order)	Approval moved and seconded, vote 5-0.
08-935-EL-SSO	Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company (Consideration of opinion and order)	Rescheduled to appear on December 19, 2008 agenda.
08-1202-EL-UNC	Columbus Southern Power Company and Ohio Power Company (Finding and order regarding Commission's review of the companies' transmission cost recovery rider rates (TCRR))	Approval moved and seconded, vote 5-0.

Gas:

Rehearings:

(07-829-GA-AIR
(
(07-830-GA-ALT
(
(07-831-GA-AAM
(
(08-169-GA-UNC
(
(06-1453-GA-UNC

The East Ohio Gas Company d/b/a Dominion East Ohio
The East Ohio Gas Company d/b/a Dominion East Ohio
The East Ohio Gas Company d/b/a Dominion East Ohio
The East Ohio Gas Company d/b/a Dominion East Ohio
The East Ohio Gas Company d/b/a Dominion East Ohio
(Entry considering applications for rehearing)

Rescheduled to appear on December 19, 2008 agenda.

Others:

07-517-GA-CSS	Debra and Andrew Dennewitz and State Farm Fire & Casualty Company v. East Ohio Gas Company dba Dominion East Ohio (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
08-724-GA-ORD	In the Matter of the Commission's Review of Rules 4901:1-13-09, 4901:1-29-10, 4901:1-29-11, and 4901:1-29-12 of the Ohio Administrative Code (Consideration of entry nunc pro tunc)	Approval moved and seconded, vote 5-0.

Telephone:

Rehearings:

(00-1265-TP-ORD (05-1102-TP-ORD	Minimum Telephone Service Standards (Entry considering application for rehearing)	Approval moved and seconded, vote 5-0.
08-537-TP-ARB	Intrado Communications, Inc. v. Cincinnati Bell Telephone (Entry considering application for rehearing)	Stricken from the December 17, 2008 agenda.

Tariffs:

08-1038-TP-ATA

Buckeye Telesystem, Inc.
(Finding and order considering proposed access tariff)

Approval moved and seconded, vote 5-0.

Others:

08-1041-TP-BLS	United Telephone Company of Ohio d/b/a Embarq (Proposed finding and order)	Approval moved and seconded, vote 5-0.
08-1267-TP-ACO	Embarq Corporation and CenturyTel Inc. (Order considering motions)	Approval moved and seconded, vote 5-0.

Transportation:

07-1169-RR-FED	Indiana & Ohio Railway/Clinton County (Entry considering grade crossing improvement project)	Approval moved and seconded, vote 5-0.
08-1288-RR-FED	CSX Transportation/Allen and Putnam Counties (Entry considering grade crossing improvement projects)	Approval moved and seconded, vote 5-0.
08-1020-TR-CVF	Lyden Oil Company (Finding and order considering settlement agreement)	Approval moved and seconded, vote 5-0.

Comments:

FERC Docket No. ER09-134
FERC Docket No. ER09-135
FERC Docket No. ER09-136
FERC Docket No. ER09-137

FirstEnergy Solutions Corp.
FirstEnergy Generation Corporation
FirstEnergy Nuclear Generation Corporation
FirstEnergy Generation Mansfield Unit 1 Corp.
(Proposed resolution regarding FirstEnergy's waiver of affiliate restrictions)
The Commission authorized the Assistant Attorneys General to file a letter with FERC. Vote 5-0.