March 3, 2010 Minutes

Wednesday, March 3, 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
Dan Shields, Commission Office
Vesta Miller, Legal Department

This meeting was convened pursuant to the regular agenda issued on February 25, 2010, for the week of March 1, 2010.

The minutes of the February 24, 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: March 3, 2010 at 1:32 p.m.

All Utilities:

10-01-EL-RPT	In the Matter of the Filing of Annual Reports for Calendar Year 2009 by Electric Utilities (Entry directing the filing of annual reports)	Approval moved and seconded, vote 5-0.
10-02-GA-RPT	In the Matter of the Filing of Annual Reports for Calendar Year 2009 by Natural Gas Distribution and Pipeline Companies (Entry directing the filing of annual reports)	Approval moved and seconded, vote 5-0.
10-03-GE-RPT	In the Matter of the Filing of Annual Reports for Calendar Year 2009 by Certified Competitive Retail Electric Service Providers, and Competitive Retail Natural Gas Suppliers (Entry directing the filing of annual reports)	Approval moved and seconded, vote 5-0.
10-04-HC-RPT	In the Matter of the Filing of Annual Reports for Calendar Year 2009 by Regulated Heating and Cooling Companies (Entry directing the filing of annual reports)	Approval moved and seconded, vote 5-0.
10-05-TP-RPT	In the Matter of the Filing of Annual Reports for Calendar Year 2009 by Competitive Local Exchange and Interexchange Carrier Telecommunications Service Providers (Entry directing the filing of annual reports)	Approval moved and seconded, vote 5-0.
10-06-TP-RPT	In the Matter of the Filing of Annual Reports for Calendar Year 2009 by Local Exchange Carrier Telephone Service Providers (Entry directing the filing of annual reports)	Approval moved and seconded, vote 5-0.
10-07-WS-RPT	In the Matter of the Filing of Annual Reports for Calendar Year 2009 by Waterworks and Sewage Disposal Companies (Entry directing the filing of annual reports)	Approval moved and seconded, vote 5-0.
10-08-RR-RPT	In the Matter of the Filing of Annual Reports for Calendar Year 2009 by Intrastate Railroads (Entry directing the filing of annual reports)	Approval moved and seconded, vote 5-0.
10-09-AU-RPT	In the Matter of the Filing of Annual Reports for Calendar Year 2009 by Regulated Toll Bridge and Water Transportation Companies (Entry directing the filing of annual reports)	Approval moved and seconded, vote 5-0.

Electric:

Rehearings:

09-730-EL-REN	P.H. Glatfelter Company (Consideration of entry on rehearing)	Rescheduled to appear on March 10, 2010 agenda.
(09-1095-EL-RDR (09-872-EL-FAC (09-873-EL-FAC (09-1906-EL-ATA	Columbus Southern Power Company and Ohio Power Company Columbus Southern Power Company Ohio Power Company Columbus Southern Power Company and Ohio Power Company (Consideration of entry on rehearing)	Approval moved and seconded, vote 5-0.

Tariffs:

10-0176-EL-ATA

Ohio Edison Company
The Cleveland Electric Illuminating Company
The Toledo Edison Company
(Finding and order considering rate relief for all-electric customers)

Approval moved and seconded, vote 5-0.

10-42-EL-ATA

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

Approval moved and seconded, vote 5-0.

Others:

09-418-EL-CSS	Manny and Judi Naft v. The Cleveland Electric Illuminating Company (Entry considering motion to dismiss)	Approval moved and seconded, vote 5-0.
09-503-EL-FOR	Duke Energy Ohio, Inc. (Consideration of finding and order)	Approval moved and seconded, vote 5-0.
(09-535-EL-EEC (09-536-EL-EEC (09-537-EL-EEC	Ohio Edison Company The Cleveland Electric Illuminating Company The Toledo Edison Company (Finding and order considering amended application)	Rescheduled to appear on March 10, 2010 agenda.
09-1922-EL-ACP	Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company (Finding and order considering application)	Rescheduled to appear on March 10, 2010 agenda.

Gas:

(10-220-GA-EXR
(10-320-GA-UEX

Vectren Energy Delivery of Ohio, Inc.
Vectren Energy Delivery of Ohio, Inc.
(Entry considering financial audits and uncollectible expense riders)

Approval moved and seconded, vote 5-0.

Telephone:

07-755-TP-CSS	AT&T Ohio v. United Telephone Company of Ohio dba Embarq (Entry considering motion to dismiss complaint)	Stricken from the March 3, 2010 agenda.
10-31-TP-CSS	Dependable Chemical Company, Inc. v. AT&T Ohio (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.

Transportation:

09-1816-TR-CVF	In the Matter of the Default of Motor Carriers and Drivers Pursuant to Rule 4901:2-7-14, Ohio Administrative Code (Notice of default to carriers and drivers)	Approval moved and seconded, vote 5-0.
09-1008-TR-CVF	The Tauro Brothers Trucking Company (Entry considering dismissal of complaint)	Approval moved and seconded, vote 5-0.
09-143-RR-RCP	Ohio Department of Transportation (Entry considering temporary downgrade of warning devices)	Approval moved and seconded, vote 5-0.
10-203-RR-FED	Norfolk Southern Railway/Summit County (Entry considering upgrade of warning devices)	Approval moved and seconded, vote 5-0.
10-204-RR-STP	CSX Transportation, Inc./Butler County (Finding and order considering installation of grade crossing warning devices)	Approval moved and seconded, vote 5-0.
10-222-RR-FED	Norfolk Southern Railway/Montgomery and Warren Counties (Entry considering authorization of grade crossing improvements)	Approval moved and seconded, vote 5-0.

Comments:

FERC Docket No.
AD10-5-000

RTO/ISO Performance Metrics
(Consideration of proposed comments)
The Commission authorized the Assistant Attorneys General to file comments, subject to revisions, with FERC. Vote 5-0.