February 11, 2010 Minutes

Thursday, February 11, 2010 - 9:00 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
Christine Pirik, Gas Section, Legal Department
Jeff Jones, Telephone and Water Sections, Legal Department
Scott Farkas, Transportation Section, Legal Department
Vesta Miller, Legal Department

This meeting was convened pursuant to the regular agenda issued on February 4, 2010, for the week of February 8, 2010.

The minutes of the February 3, 2010 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: February 11, 2010 at 9:00 a.m.

All Utilities:

(08-1104-AU-ATR
(08-1105-AU-ATR

Ohio Edison Company/Verizon North Inc.
The Toledo Edison Company/Verizon North Inc.
(Finding and order considering joint petitions)
(rescheduled from 2/3)

09-319-EL-CSS	Diane Frazier v. Ohio Edison Company (Opinion and order considering complaint)	Approval moved and seconded, vote 5-0.
09-337-EL-CSS	Beth Harris v. Ohio Edison Company (Entry considering joint motion to dismiss)	Approval moved and seconded, vote 5-0.
09-808-EL-REN	Lachman Residence (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-938-EL-REN	Hess (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-595-EL-EEC	The Cleveland Electric Illuminating Company and Progressive Casualty Insurance Company (Finding and order considering mercantile exemption)	Approval moved and seconded, vote 4-1. Commissioner Centolella filed a concurring opinion and Commissioner Roberto filed a dissenting opinion.






09-1100-EL-EEC	The Cleveland Electric Illuminating Company and The Lubrizol Corporation (Finding and order considering mercantile exemption)	Approval moved and seconded, vote 4-1. Commissioner Centolella filed a concurring opinion and Commissioner Roberto filed a dissenting opinion.
09-1101-EL-EEC	The Cleveland Electric Illuminating Company and Automated Packaging Systems (Finding and order considering mercantile exemption)	Approval moved and seconded, vote 4-1. Commissioner Centolella filed a concurring opinion and Commissioner Roberto filed a dissenting opinion.
09-1102-EL-EEC	The Cleveland Electric Illuminating Company and PolyChem Corporation (Finding and order considering mercantile exemption)	Approval moved and seconded, vote 4-1. Commissioner Centolella filed a concurring opinion and Commissioner Roberto filed a dissenting opinion.
09-1200-EL-EEC	Ohio Edison Company and PCC Airfoils, LLC (Finding and order considering mercantile exemption)	Approval moved and seconded, vote 4-1. Commissioner Centolella filed a concurring opinion and Commissioner Roberto filed a dissenting opinion.
09-1201-EL-EEC	Ohio Edison Company/Heinz Frozen Food Company (Finding and order considering mercantile exemption)	Approval moved and seconded, vote 4-1. Commissioner Centolella filed a concurring opinion and Commissioner Roberto filed a dissenting opinion.
09-1400-EL-EEC	Columbus Southern Power Company and TS Tech USA Corporation (Finding and order considering mercantile exemption)	Approval moved and seconded, vote 4-1. Commissioner Centolella filed a concurring opinion and Commissioner Roberto filed a dissenting opinion.



09-1500-EL-EEC	Ohio Power Company and Owens Corning Sales LLC (Finding and order considering mercantile exemption)	Approval moved and seconded, vote 4-1. Commissioner Centolella filed a concurring opinion and Commissioner Roberto filed a dissenting opinion.
09-1939-EL-UNC	Dayton Power and Light Company (Finding and order considering contract) (rescheduled from 2/3)	Approval moved and seconded, vote 5-0.

07-1224-GA-EXM	The East Ohio Gas Company d/b/a Dominion East Ohio (Finding and order considering auction result)	Approval moved and seconded, vote 5-0.
09-967-GA-CSS	Knox Energy Cooperative Association v. Columbia Gas of Ohio, Inc. (Entry considering joint motion to dismiss)	Approval moved and seconded, vote 5-0.
09-882-GA-CSS	George A. McCright v. Duke Energy Ohio, Inc. (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
09-1037-GA-CSS	Gregory Carnes v. Duke Energy Ohio, Inc. (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
(09-654-GA-UNC (07-829-GA-AIR (07-830-GA-ALT (07-831-GA-AAM	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 (Consideration of entry)	Approval moved and seconded, vote 5-0.
09-1970-GA-WVR	Brainard Gas Corporation, Orwell Natural Gas Company, and Waterville Gas and Oil Company (Finding and order considering application)	Approval moved and seconded, vote 5-0.

08-815-TP-ORD	Telecommunications Relay Service Assessment (Entry considering assessment)	Approval moved and seconded, vote 5-0.
09-26-TP-CSS	Milentije Miljkovic v. Network Enhanced Technologies, Inc. (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
09-454-TP-ACO	Frontier Communications Corporation, New Communications Holdings, Inc., and Verizon Communication Inc. (Opinion and order considering application for change in control)	Approval moved and seconded, vote 5-0.

09-815-RR-CSS	United Transportation Union v. Norfolk Southern Railway Company (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
09-943-TR-CVF	Luther Transfer, Inc. (Entry considering dismissal of case)	Approval moved and seconded, vote 5-0.
09-383-TR-CVF	Ace Doran Hauling & Rigging Co. (Consideration of opinion and order)	Approval moved and seconded, vote 5-0.
10-46-RR-RCP	Norfolk Southern Railway/Franklin County (Entry considering grade crossing protection modification)	Approval moved and seconded, vote 5-0.
10-43-RR-FED	Norfolk Southern Railway/Erie and Fulton Counties (Entry considering grade crossing improvements)	Approval moved and seconded, vote 5-0.
10-44-RR-FED	Wheeling & Lake Erie Railway/Huron County (Entry considering grade crossing improvement)	Approval moved and seconded, vote 5-0.
10-110-RR-STP	CSC Transportation/Cuyahoga County (Entry considering grade crossing improvement)	Approval moved and seconded, vote 5-0.