January 7, 2010 Minutes

Thursday, January 7, 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 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 December 31, 2009, for the week of January 4, 2010.

The minutes of the December 16, 2009 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 7, 2010 at 1:35 p.m.

Electric:

Tariffs:

(09-872-EL-FAC (09-873-EL-FAC (09-1906-EL-ATA	Columbus Southern Power Company Ohio Power Company Columbus Southern Power Company and Ohio Power Company (Finding and order considering tariff modifications) (rescheduled from 12/16)	Approval moved and seconded, vote 5-0.
09-541-EL-ATA	Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company (Finding and order considering application) (rescheduled from 12/16)	Rescheduled to appear on January 13, 2010 agenda.

Others:

(09-872-EL-FAC (09-873-EL-FAC	Columbus Southern Power Company Ohio Power Company (Entry considering selection of auditor)	Approval moved and seconded, vote 5-0.
(09-974-EL-FAC (09-975-EL-RDR	Duke Energy Ohio, Inc. Duke Energy Ohio, Inc. (Entry considering selection of auditor)	Approval moved and seconded, vote 5-0.
(09-987-EL-EEC (09-988-EL-EEC	Columbus Southern Power Company Ohio Power Company (Entry considering solar energy resource benchmarks) (rescheduled from 12/16)	Approval moved and seconded, vote 5-0.
(09-1004-EL-EEC (09-1005-EL-EEC (09-1006-EL-EEC	Ohio Edison Company The Cleveland Electric Illuminating Company The Toledo Edison Company (Finding and order considering application) (rescheduled from 12/16)	Approval moved and seconded, vote 5-0.
09-1095-EL-RDR	Columbus Southern Power Company and Ohio Power Company (Finding and order considering economic development cost recovery rider) (rescheduled from 12/16)	Approval moved and seconded, vote 5-0.
09-611-EL-REN	Exelon-Epuron Solar Energy Center (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-683-EL-REN	Green Gas-Pioneer Crossing Energy, LLC (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-701-EL-REN	Checco's Residence (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-820-EL-REN	DiPaola Residence (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-884-EL-REN	Bodnar (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
(09-942-EL-REN (09-948-EL-REN	Coin Residence 1 Coin Residence 2 (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-959-EL-REN	Lacey Electric, Inc. (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1038-EL-REN	Yost Residence (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
09-1910-EL-REN	Carpenter Residence (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.

Gas:

Rehearings:

09-712-GA-AAM

Duke Energy Ohio, Inc.
(Entry considering applications for rehearing)

Approval moved and seconded, vote 5-0.

Others:

(09-1039-GA-UNC
(09-1040-GA-UNC
(09-1041-GA-UNC

Eastern Natural Gas Company
Pike Natural Gas Company
Southeastern Natural Gas Company
(Finding and order considering applications)

Approval moved and seconded, vote 5-0.

Telephone:

08-1171-TP-CSS	Louis A. Green and Associates v. Cincinnati Bell Telephone Company LLC (Entry considering dismissal)	Approval moved and seconded, vote 5-0.
09-195-TP-ARB	Global NAPs Ohio (Entry considering dismissal)	Approval moved and seconded, vote 5-0.
09-1866-TP-CSS	Urban Industries, Inc. v. Verizon North Inc. (Entry considering dismissal)	Approval moved and seconded, vote 5-0.
09-875-TP-BLS	Cincinnati Bell Telephone Company (Finding and order considering application)	Approval moved and seconded, vote 5-0.
09-1806-TP-EMG	Wabash Mutual Telephone Company (Finding and order considering direct 9-1-1 trunks)	Approval moved and seconded, vote 5-0.

Water:

08-227-WS-AIR	Water and Sewer LLC (Entry considering withdrawal)	Approval moved and seconded, vote 5-0.
09-560-WW-AIR	Aqua Ohio, Inc. (Entry considering motion to correct date certain)	Approval moved and seconded, vote 5-0.

Transportation:

09-570-TR-CVF	Samuel Allen (Opinion and order considering civil forfeiture)	Rescheduled to appear on January 13 2010 agenda.
09-1955-RR-STP	Medina County (Finding and order considering grade crossing projects)	Approval moved and seconded, vote 5-0.
09-1959-RR-FED	Indiana and Ohio Railroad/Hamilton County (Entry considering grade crossing project)	Approval moved and seconded, vote 5-0.
09-1990-RR-STP	CSX Transportation, Inc./Darke County (Finding and order considering grade crossing projects)	Stricken from the January 7, 2010 agenda.

A recess was held from 1:45 to approximately 2:35 p.m.

Presentation:

09-778-EL-UNC

FirstEnergy RTO Participation
The following FirstEnergy employees explained FirstEnergy's current position on RTO participation and responded to questions by the commissioners: Stan Szwed, Vice-president of FERC Policy and Compliance; Robert Ruffner, Vice-president of Legal; Michael Beiting, Associate General Counsel; and Brian Farley, Director of FERC and RTO Policy.