July 29, 2010 Minutes

Thursday, July 29, 2010 - 1:30 p.m.

Present:

Alan R. Schriber, Chairman
Valerie A. Lemmie, Commissioner
Paul A. Centolella, Commissioner
Cheryl L. Roberto, Commissioner
Steven D. Lesser, Commissioner
Paul J. Duffy, Legal Director
Gregory Price, 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 July 22, 2010, for the week of July 26, 2010.

The minutes of the July 14, 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: July 29, 2010 at 1:35 p.m.

Electric:

Rehearing:

09-512-GE-UNC	In the Matter of Protocols for the Measurement and Verification of Energy Efficiency and Peak Demand Reduction Measures (Entry considering applications for rehearing)	Approval moved and seconded, vote 5-0.
10-249-EL-WVR	Duke Energy Ohio (Entry considering application for rehearing)	Approval moved and seconded, vote 5-0.

Others:

09-757-EL-ESS	Duke Energy Ohio (Opinion and order considering stipulation)	Approval moved and seconded, vote 5-0.
09-754-EL-ESS	The Dayton Power and Light Company (Opinion and order considering stipulation)	Approval moved and seconded, vote 5-0.
09-834-EL-ACP	Duke Energy Ohio (Consideration of finding and order)	Approval moved and seconded, vote 4-0. Commissioner Lesser abstained.
09-511-EL-CSS	Isaac Andrews v. The Dayton Power and Light Company (Proposed opinion and order)	Approval moved and seconded, vote 5-0.
09-1109-EL-EEC	MetroHealth System and The Cleveland Electric Illuminating Company (Entry considering application)	Approval moved and seconded, vote 5-0. Commissioner Centolella filed a separate concurring opinion.
09-1116-EL-EEC	Energizer Battery Manufacturing, Inc. and The Cleveland Electric Illuminating Company (Entry considering application)	Approval moved and seconded, vote 5-0. Commissioner Centolella filed a separate concurring opinion.
10-515-EL-CSS	H. R. Billups v. American Electric Power Company (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
10-690-EL-CSS	Marjorie L. Sebring v. Columbus Southern Power Company (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.


10-519-EL-REN	Stockwell Workshop (Finding and order considering certificate issuance)	Approval moved and seconded, vote 5-0.
10-834-EL-EEC	In the Matter of a Mercantile Application Pilot Program Regarding Special Arrangements with Electric Utilities and Exemptions from Energy Efficiency and Peak Demand Reduction Riders (Entry considering pilot program)	Stricken from the July 29, 2010 agenda.

Gas:

Tariffs:

(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 (Entry considering revised tariffs)	Approval moved and seconded, vote 5-0.
10-875-GA-ATA	Columbia Gas of Ohio, Inc. (Consideration of finding and order)	Rescheduled to appear on August 4, 2010 agenda.

Others:

09-326-GA-ORD

In the Matter of the Commission's Review of Chapter 4901:1-13 of the Ohio Administrative Code
(Considering of finding and order)
(rescheduled from 7/14)

Approval moved and seconded, vote 5-0.

10-218-GA-GCR

Duke Energy Ohio, Inc.
(Entry considering gas cost recovery audit)

Approval moved and seconded, vote 5-0.

10-575-GA-CSS

Northeast Ohio Natural Gas Company v. Gatherco, Inc. and Consumers Gas Cooperative
(Entry considering dismissal of complaint)

Approval moved and seconded, vote 5-0.

Telephone:

09-235-TP-CSS	John F. Potts v. AT&T Ohio, Inc. (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.


09-1020-TP-CSS	Vondelise Jones v. AT&T Ohio (Consideration of opinion and order)	Approval moved and seconded, vote 5-0.
10-1010-TP-ORD	Implementation of Sub. S.B. 162 (Entry considering proposed rules for comment)	Approval moved and seconded, vote 5-0.

Transportation:

Rehearing:

07-1095-TR-ORD

Amendment of Rules in Chaper 4901:2-5, Ohio Administrative Code
(Entry considering applications for rehearing)

Approval moved and seconded, vote 5-0.

Others:

09-135-TR-CVF	Dill Oil Company, Inc. (Finding and order considering settlement agreement)	Rescheduled to appear on August 4, 2010 agenda.
09-223-TR-ORD	In the Matter of the Commission's Review of its Rules for Safety Standards at Chapter 4901:2-5, Ohio Administrative Code (Entry considering amendment) (rescheduled from 7/14)	Approval moved and seconded, vote 5-0.
09-1929-TR-CVF	Lester Ray Diehl, dba Ray's Trucking (Consideration of opinion and order)	Approval moved and seconded, vote 5-0.
09-1934-TR-CVF	C Bar C Ranch & Trucking LLC (Entry considering dismissal of proceeding)	Approval moved and seconded, vote 5-0.
10-611-RR-CSS	Brotherhood of Locomotive Engineers and Trainmen v. Wheeling & Lake Erie Railway (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
10-945-RR-FED	Youngstown & Austintown Railroad and Wheeling & Lake Erie Railway/Mahoning and Stark Counties (Entry considering grade crossing improvement projects)	Approval moved and seconded, vote 5-0.

Comments:

FERC Docket No.
ER09-1063-004

PJM Interconnection, L.L.C.
(Proposed comments to compliance filing)
The Commission authorized the Assistant Attorneys General to file comments with FERC. Vote 5-0.