January 20, 2010 Minutes

Wednesday, January 20, 2010 - 1:30 p.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 and Telephone Sections, Legal Department
Greta See, Gas Section, Legal Department
Scott Farkas, Transportation Section, Legal Department
Vesta Miller, Legal Department

This meeting was convened pursuant to the regular agenda issued on January 14, 2010, for the week of January 18, 2010.

The minutes of the January 13, 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: January 20, 2010 at 1:33 p.m.

All Utilities:

08-723-AU-ORD

In the Matter of the Commission's Review of Chapters 4901:1-17 and 4901:1-18, Ohio Administrative Code
(Entry nunc pro tunc)

Stricken from the January 20, 2010 agenda.

Electric:

Rehearings:

09-541-EL-ATA

Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company
(Finding and order considering application)
(rescheduled from 1/13)

Approval moved and seconded, vote 5-0.

Tariffs:

09-780-EL-ATA

Duke Energy Ohio, Inc.
(Consideration of finding and order)

Approval moved and seconded, vote 5-0.

Others:

09-187-EL-CSS	Joe E. Snell v. Ohio Edison Company (Consideration of opinion and order)	Rescheduled to appear on January 27, 2010 agenda.
08-985-EL-CSS	City of Dublin v. Columbus Southern Power Company (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
09-990-EL-CSS	Mark and Sheri Lamoncha v. Ohio Edison Company (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
09-978-EL-REN	Greater Cincinnati Water Works' Chester Park (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1052-EL-REN	Grand Blanc Generating Station Engine #4 (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1879-EL-REN	Akron Biosolids to Energy Project Phase 1 (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1882-EL-REN	Batdorf (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1883-EL-REN	Beck (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1885-EL-REN	Crumbling (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1886-EL-REN	Flynn (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1888-EL-REN	Harvey (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1890-EL-REN	Infantino (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1891-EL-REN	Marcovitz (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.

Gas:

(10-208-GA-GCR (10-209-GA-GCR (10-211-GA-GCR (10-212-GA-GCR (10-213-GA-GCR (10-216-GA-GCR (10-309-GA-UEX (10-310-GA-UEX (10-312-GA-UEX (10-316-GA-UEX	Constitution Gas Transport Co., Inc. Northeast Ohio Natural Gas Corporation Ohio Cumberland Gas Company Orwell Natural Gas Company Piedmont Gas Company Suburban Natural Gas Company Northeast Ohio Natural Gas Corporation Ohio Gas Company Orwell Natural Gas Company Suburban Natural Gas Company (Entry considering financial audits)	Approval moved and seconded, vote 5-0.
(10-219-GA-EXR (10-319-GA-UEX	Dominion East Ohio Dominion East Ohio (Entry considering financial audits)	Approval moved and seconded, vote 5-0.
(09-112-GA-FOR (09-121-GA-FOR	Ohio Gas Company Columbia Gas of Ohio, Inc. (Entry considering closure of cases)	Approval moved and seconded, vote 5-0.
(09-204-GA-GCR (09-205-GA-GCR (09-209-GA-GCR (09-211-GA-GCR (09-212-GA-GCR (09-213-GA-GCR (09-216-GA-GCR (09-221-GA-GCR	Orwell Natural Gas Company Constitution Gas Transportation Company, Inc. Northeast Ohio Natural Gas Corporation Ohio Cumberland Gas Company Ohio Gas Company Piedmont Gas Company Suburban Gas Company Columbia Gas of Ohio, Inc. (Entry considering closure of cases)	Approval moved and seconded, vote 5-0.
(09-219-GA-EXR (09-220-GA-EXR	The East Ohio Gas Company d/b/a Dominion East Ohio Vectren Energy Delivery of Ohio, Inc. (Entry considering closure of cases)	Approval moved and seconded, vote 5-0.
09-206-GA-GCR	Brainard Gas Corporation (Consideration of opinion and order)	Approval moved and seconded, vote 5-0.

Telephone:

97-632-TP-COI

In the Matter of the Commission Investigation of the Intrastate Universal Service Discounts/American Broadband
(Supplemental finding and order considering certification as an eligible telecommunications carrier)

Rescheduled to appear on January 27, 2010 agenda.

Water:

09-1044-WW-AIR

Aqua Ohio, Inc.
(Entry considering application)

Approval moved and seconded, vote 5-0.

Transportation:

07-740-TR-CVF	Atlas Concrete Walls, Inc. (Finding and order considering settlement agreement)	Approval moved and seconded, vote 5-0.
09-1990-RR-STP	CSX Transportation, Inc./Darke County (Finding and order considering grade crossing improvement project)	Approval moved and seconded, vote 5-0.

ORAL ARGUMENT

09-553-EL-EEC

Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company
(Discussion of issues raised in applications for rehearing)
The following persons summarized issues in the case and responded to the questions set forth in the Commission's entry in Case No. 09-553-EL-EEC issued on January 13, 2010:
Kathy Kolich, FirstEnergy
Thomas O'Brien, Ohio Manufacturers' Association and Ohio Hospital Association
Samuel Randazzo, Industrial Energy Users - Ohio
Christopher Allwein, Ohio Consumers' Counsel
Nolan Moser, Ohio Environmental Council