June 24, 2009 Minutes

Wednesday, June 24, 2009 - 1:30 p.m.

Present:

Alan R. Schriber, Chairman
Ronda Hartman Fergus, Commissioner
Valerie A. Lemmie, Commissioner
Cheryl L. Roberto, Commissioner
Kim Bojko, Electric Section, Legal Department
Jeanne Kingery, Gas Section, Legal Department
Jay Agranoff, Telephone and Water Sections, Legal Department
Scott Farkas, Transportation Section, Legal Department
Dan Shields, Commission Office
Chris Kotting, Utilities Department
Vesta Miller, Legal Department

This meeting was convened pursuant to the regular agenda issued on June 18, 2009, for the week of June 22, 2009.

The minutes of the June 17, 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: June 24, 2009 at 1:35 p.m.

All Utilities:

09-512-GE-UNC

In the Matter of Protocols for the Measurement and Verification of Energy Efficiency and Peak Demand Reduction Measures
(Entry considering procedures for the development of protocols for the measurement and verification of energy efficiency and peak demand reduction measures for certain electric and natural gas utilities)

(08-1094-EL-SSO (08-1095-EL-ATA (08-1096-EL-AAM (08-1097-EL-UNC	The Dayton Power and Light Company The Dayton Power and Light Company The Dayton Power and Light Company The Dayton Power and Light Company (Opinion and order considering proposed electric security plan)	Approval moved and seconded, vote 4-0.
09-339-EL-UNC	Columbus Southern Power Company and Ohio Power Company (Finding and order considering proposed transmission cost recovery rider)	Approval moved and seconded, vote 4-0.

08-888-EL-ORD	Adoption of Rules for Alternative and Renewable Energy Technology, Resources & Climate Regulations, and Review of Chapters 4901:5-1, 4901:5-3, 4901:5-5, and 4901:5-7 of the Ohio Administrative Code, Pursuant to Chapter 4928.66, Revised Code, as amended by Amended Substitute Senate Bill No. 221 (Entry nunc pro tunc)	Approval moved and seconded, vote 4-0.
(09-453-HT-AEM ( (09-442-HT-AEC ( (09-441-HT-AEC ( (09-414-HT-AIS ( (09-315-HT-ATA (	Application of Akron Thermal Limited Partnership for an Emergency Rate Increase Application of Akron Thermal to Modify an Existing Arrangement Application of Akron Thermal to Modify an Existing Arrangement Application of Akron Thermal for Approval to Issue Long-Term Notes Application of Akron Thermal for Approval of Revised Tariffs (Entry nunc pro tunc)	Approval moved and seconded, vote 4-0.

09-06-GA-UNC	Columbia Gas of Ohio, Inc. (Consideration of opinion and order)	Approval moved and seconded, vote 4-0.
09-217-GA-GCR	Waterville Gas & Oil Company (Consideration of opinion and order)	Approval moved and seconded, vote 4-0.
09-375-GA-ATR	Gasco Distribution Systems, Inc. (Finding and order considering transfer of assets and customers)	Stricken from the June 24, 2009 agenda.
09-399-GA-UEX	Ohio Gas Company (Entry considering revision to uncollectible expense rider rate)	Approval moved and seconded, vote 4-0.
08-1174-GA-CSS	Miriam Wheeler v. Columbia Gas of Ohio, Inc. (Entry considering dismissal of complaint)	Approval moved and seconded, vote 4-0.
09-276-GA-CSS	Steve Robinson v. MxEnergy Inc. (Entry considering dismissal of complaint)	Stricken from the June 24, 2009 agenda.
09-288-GA-CSS	L33T Properties LLC v. Columbia Gas of Ohio, Inc. (Entry considering dismissal of complaint)	Approval moved and seconded, vote 4-0.
09-380-GA-CSS	Darine M. Prok v. MxEnergy Inc. (Entry considering dismissal of complaint)	Stricken from the June 24, 2009 agenda.

08-198-TP-ARB	Intrado Communications Inc. (Consideration of proposed arbitration award)	Approval moved and seconded, vote 4-0.
(09-395-TP-WVR (09-396-TP-WVR (09-397-TP-WVR (09-403-TP-WVR (09-404-TP-WVR (09-472-TP-WVR	ACN Communication Services, Inc. BullsEye Telecom, Inc. Budget Prepay, Inc. d/b/a Budget Phone Citynet Ohio LLC Cbeyond Communications LLC Insight Phone of Ohio LLC (Entry considering waiver requests regarding distribution of white pages directories)	Approval moved and seconded, vote 4-0.

08-1056-TR-CVF	Kathleen M. O'Neill dba LL & L Farms/Trucking (Entry considering closing of case)	Approval moved and seconded, vote 4-0.
08-1280-RC-RCP	Northern Ohio & Western Reserve Railway, LLC/Tiffin, Ohio (Entry considering request for downgrade of warning devices and exemption from stopping requirement)	Approval moved and seconded, vote 4-0.
09-30-TR-ORD	Commission's Review of Chapters 4901:2-13, 4901:3-1, and 4901-5, Ohio Administrative Code (Entry considering proposed rule changes)	Stricken from the June 24, 2009 agenda.
09-143-RR-RCP	Ohio Department of Transportation (Entry considering request to delay temporary downgrade)	Approval moved and seconded, vote 4-0.
09-222-TR-ORD	Commission's Review of Rules for Motor Carrier Tax Payment and Annual Reports (Entry seeking comments on proposed modifications)	Approval moved and seconded, vote 4-0.
09-223-TR-ORD	Commission's Review of Rules for Safety Standards (Entry seeking comments on proposed modifications)	Approval moved and seconded, vote 4-0.
09-491-RR-FED	Ohio Rail Corporation/Columbiana County (Entry considering grade crossing improvement project)	Approval moved and seconded, vote 4-0.
09-497-RR-FED	CSX Transportation/Wood County (Entry considering grade crossing improvement project)	Approval moved and seconded, vote 4-0.

FERC ER09-1603	PJM Interconnection, L.L.C. (Comments regarding FERC Order No. 719 Compliance Filing) The Commission approved Staff to file comments with FERC. Vote 4-0.
FCC WC Dockets 08-33 and 08-135	Intrado Communications Inc. (Proposed comments regarding arbitration proceedings between Intrado and Embarq and United Telephone) The Commission approved Staff to file comments with FCC. Vote 4-0.