May 6, 2009 Minutes

Wednesday, May 6, 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
Dan Johnson, Energy & Environment Department
Chris Kotting, Utilities Department
Dan Shields, Utilities Department
Vesta Miller, Legal Department

This meeting was convened pursuant to the regular agenda issued on April 30, 2009, for the week of May 4, 2009.

The minutes of the April 29, 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: May 6, 2009 at 1:35 p.m.

All Utilities:

Rehearings:

06-1201-AU-ORD

Energy Shortage Emergency Rules Contained in Chapters 4901:5-17, 4901:5-19, 4901:5-21, 4901:5-23, 4901:5-25, 4901:5-29, 4901:5-33, 4901:5-35, and 4901:5-37 of the Ohio Administrative Code
(Consideration of entry on rehearing)

Approval moved and seconded, vote 5-0.

Electric:

Rehearings:

06-653-EL-ORD

Commission's Review of Chapters 4901:1-9, 4901:1-10, 4901:1-21, 4901:1-22, 4901:1-23, 4901:1-24, and 4901:1-25 of the Ohio Administrative Code
(Consideration of entry on rehearing)
(rescheduled from 4/29)

(09-19-EL-AGG (09-20-EL-AGG	E Source Companies LLC E Source Companies LLC (Entry considering transfer application)	Approval moved and seconded, vote 5-0.
08-504-EL-FOR	FirstEnergy Corporation (Consideration of finding and order)	Approval moved and seconded, vote 5-0.
09-280-EL-WVR	Columbus Southern Power Company and Ohio Power Company (Entry considering waiver request)	Stricken from the May 6, 2009 agenda.

(08-219-GA-EXR (07-659-GA-UEX	The East Ohio Gas Company d/b/a Dominion East Ohio (Consideration of finding and order)	Approval moved and seconded, vote 5-0.
08-360-GA-CSS	The Manchester Group, LLC v. Columbia Gas of Ohio, Inc. (Entry considering motion to dismiss)	Rescheduled to appear on May 13, 2009 agenda.
08-1344-GA-EXM	Columbia Gas of Ohio, Inc. (Consideration of procedural entry)	Approval moved and seconded, vote 5-0.
09-38-GA-UNC	The East Ohio Gas Company d/b/a Dominion East Ohio (Consideration of opinion and order)	Approval moved and seconded, vote 5-0.
09-218-GA-GCR	Duke Energy Ohio (Entry considering management performance audit)	Approval moved and seconded, vote 5-0.
09-301-GA-UNC	Waterville Gas & Oil Company (Entry considering bill format application)	Approval moved and seconded, vote 5-0.

U.S. Department of Energy DE-FOA-0000036 and 58	Smart Grid Funding Opportunity Announcement (Proposed comments) The Commission authorized Staff to file comments with DOE. Vote 5-0.
FCC Dockets WC Docket No. 05-337 CC Docket No. 96-45	High-Cost Universal Service Support Federal-State Joint Board on Universal Service (Proposed comments on notice of inquiry regarding provision of High Cost Universal Service Support to non-rural telecommunications carriers) The Commission authorized the Assistant Attorneys General to file comments with FCC. Vote 5-0.
FERC Docket No. PL09-4	Smart Grid Policy Statement (Proposed comments on implementing Section 1305(a) of the Energy Independence and Security Act) The Commission authorized the Assistant Attorneys General to file comments with FERC. Vote 5-0.
Docket No. ER09-1063	PJM Interconnection, L.L.C. (Proposed petition to intervene and request for an extension of time) The Commission authorized Staff to file petition to intervene and extension of time with FERC. Vote 5-0.