February 4, 2004 Minutes

Wednesday, February 4, 2004 - 2:30 p.m.

Present:

Alan R. Schriber, Chairman
Ronda Hartman Fergus, Commissioner
Donald L. Mason, Commissioner - Arrived 2:49 p.m.
Clarence D. Rogers, Jr., Commissioner
Paul J. Duffy, Legal Director
Russ Gooden, Electric Section, Legal Department
Gretchen Petrucci, Gas Section, Legal Department
Jeff Jones, Telephone Section, Legal Department
Scott Farkas, Transportation and Water Sections, Legal Department
Vesta Miller, Legal Department
Gail Blackmore, Legal Department

This meeting was convened pursuant to the regular agenda issued on January 29, 2004, for the week of February 2, 2004.

The minutes of the January 21, 2004, 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.

Discussion and Signing Session: February 4, 2004 at 2:36 p.m.

Electric:

Rehearings:

01-2164-EL-ORD

Competitive Bidding Rules
(Consideration of applications for rehearing)

Approval moved and seconded, vote 3-0.

Tariffs:

(03-1966-EL-ATA
(03-1967-EL-ATA
(03-1968-EL-ATA

Ohio Edison Company
The Toledo Edison Company
The Cleveland Electric Illuminating Company
(Consideration of application to amend supplier tariffs)
(rescheduled from 1/21)

Approval moved and seconded, vote 3-0.

Others:

(02-570-EL-ATA (02-2364-EL-CSS	OCC, IEU-Ohio and AMP-Ohio v. The Dayton Power and Light Company (Consideration of dismissal)	Approval moved and seconded, vote 3-0.
02-2548-EL-CSS	Yerian v. Buckeye Rural Electric Cooperative, Inc. (Consideration of additional inspection and repair requirements)	Approval moved and seconded, vote 3-0.
02-3160-EL-CSS	Siefke v. Columbus Southern Power Company (Consideration of dismissal)	Approval moved and seconded, vote 3-0.
03-227-EL-CSS	All Erection & Crane Rental Corporation v. The Cleveland Electric Illuminating Company (Consideration of order dismissing complaint)	Approval moved and seconded, vote 3-0.
03-1983-EL-CSS	Jennifer Ward v. The Cleveland Electric Illuminating Company (Consideration of dismissal of case) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 3-0.
03-2360-EL-CSS	The Dayton Power and Light Company (Consideration of dismissal) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 3-0.
03-2521-EL-CSS	David A. Hancock & Robin L. Roosa v. The Ohio Edison Company (Consideration of dismissal of case)	Approval moved and seconded, vote 3-0.

Gas:

Tariffs:

03-2350-GA-ATA

Ohio Cumberland Gas Company
(Consideration to add a returned check charge and change customer payment due date)
(rescheduled from 1/14)

Rescheduled to appear on February 11, 2004 agenda.

Others:

03-2100-GA-AEC	Dominion East Ohio (Application to revise terms and conditions of its full requirements pooling service) (rescheduled from 1/27 agenda)	Stricken from the February 4, 2004 agenda.
03-2202-GA-CSS	Kerm O. Almos v. Columbia Gas of Ohio (Consideration of motion to dismiss) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 3-0.
03-2366-GA-CSS	Hundley v. Vectren Energy Delivery of Ohio, Inc. (Consideration of dismissal)	Approval moved and seconded, vote 3-0.

Telephone:

Rehearings:

(03-2040-TP-COI
(04-34-TP-COI
(04-35-TP-COI

Implementation of the Federal Communications Commission's Triennial Review Regarding Local Circuit Switching in the Mass Market
(Application for rehearing)

Approval moved and seconded, vote 3-0.

Tariffs:

03-2074-TP-ATA	CenturyTel of Ohio, Inc. (Application to add CCLC terms and conditions) (rescheduled from 1/27 agenda)	Discussed. Approval moved and seconded, vote 3-0.
03-2517-TP-ATA	Alltel Ohio, Inc. (Application to add CCLC terms and conditions) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 3-0.

Others:

00-942-TP-COI	SBC Ohio (Consideration of motion to discontinue OSS testing)	Approval moved and seconded, vote 3-0.

00-1265-TP-COI	Minimum Telephone Service Standards (Consideration of SBC Ohio's request for waiver of MTSS Rule 15(C)) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 3-0.
00-1265-TP-COI	Minimum Telephone Service Standards (Consideration of small LECs' request for blanket waiver from MTSS answer time requirements) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 3-0.
01-1530-TP-CSS	Ohiotelnet.com v. Alltel Ohio (Consideration of order) (rescheduled from 1/21)	Rescheduled to appear on February 11, 2004 agenda.
02-2608-TP-CSS	Kathleen Carson v. SBC Ohio (Consideration of motion to dismiss) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 3-0.
03-878-TP-PEX	Gratis Exchange v. Verizon North Inc. and United Telephone Company of Ohio dba Sprint (Consideration of order) (rescheduled from 1/21)	Rescheduled to appear on February 11, 2004 agenda.
(03-1969-TP-UNC (03-1971-TP-UNC (03-2069-TP-UNC (03-2140-TP-UNC	Columbus Grove Telephone Company Arthur Mutual Telephone Company Ottoville Mutual Telephone Company Farmers Mutual Telephone Company (Addresses motions to dismiss) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 3-0.
03-2244-TP-ACE	BAK Communications, LLC (Consideration of dismissal of application)	Approval moved and seconded, vote 4-0.

Transportation:

04-148-TR-EHS	In the Matter of Regulatory Relief for Transporters of Propane and Road Salt (Entry confirming actions of Transportation Department Director)	Approval moved and seconded, vote 4-0.
02-3054-TR-UNC	CSX Transportation, Inc./Ashland County (Consideration of order) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 4-0.
03-1775-TR-CVF	Iamoco, Inc. (Consideration of settlement agreement)	Approval moved and seconded, vote 4-0.
03-1027-TR-CVF	Edward P. Shultz (Consideration of closure of case) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 4-0.
03-1989-TR-CVF	Ohio Pool Equipment & Supply Company (Consideration of closure of case) (rescheduled from 1/27 agenda)	Approval moved and seconded, vote 4-0.

Water:

01-2567-WS-ACE	Columbia Park Water/Sewer System (Application for a certificate)	Approval moved and seconded, vote 4-0.
03-2266-WS-SIC	Information Requirements for System Infrastructure Improvement Surcharge (Consideration of final guidelines and schedules for Surcharge applications)	Rescheduled to appear on February 11, 2004 agenda.
03-2290-WW-AIR	Consumers Ohio Water Company (Consideration of application requesting increase to its rates and charges)	Approval moved and seconded, vote 4-0.

Comments:

FERC Case No. ER04-375-000

Midwest ISO/PJM Operating Agreement
(rescheduled from 1/27 agenda)
The Commission authorized the Assistant Attorneys General to file comments with FERC. Vote 4-0.