March 4, 2009 Minutes

Wednesday, March 4, 2009 - 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
Jeanne Kingery, Gas Section, Legal Department
Jeff Jones, Telephone and Water Sections, Legal Department
Scott Farkas, Transportation Section, Legal Department
Cecilia Tidd, Legal Department

This meeting was convened pursuant to the regular agenda issued on February 26, 2009, for the week of March 2, 2009.

The minutes of the February 25, 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: March 4, 2009 at 1:35 p.m.

All Utilities:

(09-01-AU-UNC
(
(06-900-AU-WVR
(

In the Matter of the Filing of Annual Reports for Calendar Year 2008 by Regulated Public Utilities, Railroad and Service Providers
In the Matter of the Expansion of the Electronic Filing Pilot Project and Waiver of Procedural Rules 4901-1-02 to 4901-1-04, Ohio Administrative Code
(Consideration of entry directing the filing of annual reports by April 30, 2009)

08-1332-EL-AAM	Dayton Power and Light Company (Entry considering application for rehearing)	Approval moved and seconded, vote 5-0.
(08-1338-EL-AAM (08-1339-EL-UNC	Columbus Southern Power Company Ohio Power Company (Entry considering application for rehearing)	Approval moved and seconded, vote 5-0.

09-80-EL-AEC	V&M Star/The Ohio Edison Company (Consideration of stipulation)	Approval moved and seconded, vote 5-0.
(08-935-EL-SSO (09-21-EL-ATA (09-22-EL-AEM (09-23-EL-AAM	Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company (Consideration of finding and order)	Approval moved and seconded, vote 5-0. Commissioner Roberto filed a concurring opinion.
09-90-EL-COI	Investigation into the Value of Continued Participation in Regional Transmission Organizations (Consideration of entry inviting comments) (rescheduled from 2/25)	Approval moved and seconded, vote 5-0.

(07-829-GA-AIR ( (07-830-GA-ALT ( (07-831-GA-AAM ( (08-169-GA-ALT ( (06-1453-GA-UNC (	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 The East Ohio Gas Company d/b/a Dominion East Ohio (Entry considering tariff approval)	Approval moved and seconded, vote 5-0.
07-1224-GA-ATA	Dominion East Ohio (Entry considering approval of general exemption of certain natural gas commodity sales services or ancillary services)	Approval moved and seconded, vote 5-0.
09-105-GA-ATA	Waterville Gas & Oil Company (Entry considering to amend its gross receipts tax rider)	Stricken from the March 4, 2009 agenda.

06-1345-TP-ORD	In the Matter of the Review of Chapter 4901:1-6, Ohio Administrative Code (Entry considering waiver request)	Approval moved and seconded, vote 5-0.
07-1280-TP-ARB	Intrado Communications Inc. v. AT&T Ohio (Consideration of arbitration award)	Approval moved and seconded, vote 5-0.

07-27-RR-FED	CSX Transportation (Entry considering request for extension of time)	Approval moved and seconded, vote 5-0.
08-1147-RR-RCP	Celina City Schools (Opinion and order considering grade crossing exemption request for school buses)	Approval moved and seconded, vote 5-0.
06-956-TR-CVF	Vickery Transportation, Inc. (Finding and order considering approval of settlement agreement)	Approval moved and seconded, vote 5-0.
08-69-TR-CVF	Martin Bird Enterprises, Inc., dba Total Express (Finding and order considering approval of settlement agreement)	Stricken from the March 4, 2009 agenda.
08-1208-TR-CVF	The Patterson Companies (Finding and order considering approval of settlement agreement)	Approval moved and seconded, vote 5-0.