BEFORE THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Pennsylvania Public Utility CommissionOffice of Small Business Advocate
Office of Consumer Advocate
v.
Peoples Natural Gas Company LLC / :
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: / Docket Nos. R-2017-2586310
C-2017-2593177
C-2017-2595998
Pennsylvania Public Utility Commission
Office of Small Business Advocate
Office of Consumer Advocate
v.
Peoples Natural Gas Company LLC – Equitable Division / :
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:
:
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: / Docket Nos. R-2017-2586318
C-2017-2593515
C-2017-2596006
INTERIM ORDER
ESTABLISHING A DEADLINE FOR FILING OBJECTIONS OF DANIEL KILLMEYER AND ROBERT REDINGER, JR. TO PROPOSED SETTLEMENT AND ADMITTING THE JOINT PETITION FOR SETTLEMENT OF THE SECTION 1307(f) RATE INVESTIGATION WITH APPENDICES A THROUGH F INTO THE RECORD
Peoples Natural Gas Company LLC
On March 1, 2017, pursuant to Section 1307(f) of the Public Utility Code, Peoples Natural Gas Company LLC (Peoples) submitted pre-filed supporting information concerning its annual PGC Rate filing.
On March 8, 2017, I&E entered a notice of appearance.
The OSBA filed a complaint in the above-captioned proceeding on March 13, 2017, at Docket No. C-2017-2593177.
A complaint was filed by the OCA on March 23, 2017 at Docket No. C-2017-2595922.
A complaint was filed by Daniel Killmeyer on March 27, 2017 at Docket No. C2017-2596020.
On March 31, 2017, the Company made its annual PGC Rate filing.
On April 6, 2017, PIOGA filed a Petition to Intervene.
A complaint was filed by Robert Redinger, Jr., on April 28, 2017, and docketed at number R-2017-2586310.
Peoples-Equitable
On March 1, 2017, pursuant to Section 1307(f) of the Public Utility Code, Peoples Natural Gas Company LLC – Equitable Division (Peoples-Equitable) submitted pre-filed supporting information concerning its annual PGC Rate filing.
On March 8, 2017, I&E entered a notice of appearance.
The OSBA filed a complaint in the above-captioned proceeding on March 13, 2017.
A complaint was also filed by OCA on March 28, 2017 at Docket No. C-2017-2596006.
On March 31, 2017, the Company made its annual PGC Rate filing.
On April 6, 2017, PIOGA filed a Petition to Intervene.
Peoples Natural Gas Company LLC and Peoples-Equitable
The undersigned presiding officer was assigned to this proceeding and issued a prehearing conference order on April 4, 2017, informing the parties that the initial prehearing conference in these proceedings would be held on April 7, 2017. The parties submitted prehearing memoranda in accordance with that order.
On April 6, 2017, PIOGA filed a Petition to Intervene in all three proceedings. No additional petitions to intervene have been filed to date in this matter. Without objection from any party, the Petition to Intervene filed by PIOGA on April 6, 2017 was granted at the prehearing conference on April 4, 2017 and was memorialized by the order entered on April 13, 2017.
A prehearing conference was held on April 7, 2017. Counsel for Peoples, Peoples-Equitable and TWP (collectively the Companies) as well as I&E, OCA, OSBA and PIOGA attended the conference. The parties agreed upon the following litigation schedule, which was approved by order entered on April 13, 2017.
Date
/Event
April 7, 2017 / Prehearing ConferenceMay 5, 2017 / Parties’ Written Direct Testimony
May 25, 2017 / Written Rebuttal Testimony
June 1, 2017 / Written Surrebuttal Testimony
June 5-6, 2017 / Evidentiary Hearings in Harrisburg beginning at 10:00 a.m.
June 20, 2017 / Main Briefs Due
June 27, 2017 / Reply Briefs Due or Submission of Joint Settlement Petition Executed by Representatives of All Parties, Together With All Parties’ Statements In Support of Settlement
At the prehearing conference, a request was made by the parties to consolidate the complaints filed in this matter. Subsequently, an additional complaint was filed by Robert Redinger, Jr. Under the circumstances, the complaints of OCA at Docket No.C2017-2595922, and OSBA at C20172593494 are hereby consolidated with the filing by TWP at Docket No.R2017-2586317. In addition, the complaints of OCA filed at Docket No. C-2017-2595948 and OSBA filed at Docket No. C-2017-2593177, Daniel Killmeyer filed at Docket No. C-2017-2596020 and Robert Redinger Jr., are hereby consolidated with the filing by Peoples at Docket No.R2017-2586310.
The complaints of OCA filed at Docket No. C-2017-2596006 and OSBA filed at Docket No. C-2017-2593515 are hereby consolidated with the filing by Peoples-Equitable at Docket No.R2017-2586318.
The Peoples proceeding filed at Docket No.R2017-2586310 and the Peoples- Equitable proceeding filed at Docket No. R2017-2586318 are hereby consolidated at R2017-2586318. In addition, the Peoples proceeding filed at Docket No.R2017-2586310 and the Peoples-Equitable proceeding filed at Docket No. R2017-2586318 are consolidated with the TWP proceeding filed at Docket No.R2017-2586317, only for the purposes of hearing the Peoples and Peoples-Equitable cases with the TWP hearing, and with separate briefs and briefing issues to be presented by the parties for the TWP proceeding.
On June 2, 2017, the undersigned received an email message from counsel for the Companies indicating that that the proceedings had been settled in principle and requesting a suspension of the litigation schedule.
A hearing was held on June 5, 2017, at which time the Joint Petitioners’ pre-filed testimony and exhibits were admitted into the record.
On June 7, 2017, the undersigned presiding ALJ issued an Interim Order that suspended the litigation schedule, canceled the evidentiary hearing for June 6, 2017, and directed the Joint Petitioners to file their signed settlement agreement and statements in support of the settlement no later than 4:00 p.m. on June 27, 2017.
On June 27, 2017, Peoples Natural Gas Company LLC, Peoples Equitable Division, I&E, OCA, OSBA and PIOGA, parties to the above-captioned consolidated proceeding, filed a Joint Petition for Settlement of the Section 1307(f) Rate Investigation (Joint Petition, Settlement Petition or Settlement). The Joint Petition included the tariff supplements and Statements in Support of Settlement filed by the Companies, I&E, OSBA, OCA and PIOGA, attached to the Settlement as Appendicies A through F, which were filed with the Secretary’s Bureau. Individual Complainants Daniel Killmeyer and Robert Redinger, Jr. were not parties to the settlement petition but the certificate of service attached to the settlement petition provided that both individual Complainants were served with a copy of the Settlement Petition on June 27, 2017. Neither Mr. Killmeyer nor Mr. Redinger, Jr. attended the evidentiary hearing in this proceeding.
The Joint Petition for Settlement of the Section 1307(f) Rate Investigation into the record along with the attached Appendices marked as A through F, are hereby admitted into the record of this proceeding.
In the event Daniel Killmeyer or Robert Redinger, Jr., wish to object to the proposed Settlements as set forth or referenced in the Settlement Petition, Mr. Killmeyer or Mr.Redinger, Jr. must file their written objections with the Secretary for the Commission, Rosemary Chiavetta, at P.O. Box3265, Harrisburg, PA 17105-3265, and serve copies upon the undersigned presiding Administrative Law Judge at PiattPlace, 301 Fifth Avenue, Suite 220, Pittsburgh, PA 15222, as well as the parties named on the enclosed Service List, so that the objections are filed and received not later than 3:00 p.m. on Wednesday, July 5, 2017. Late-filed objections will not be considered in the decision of this case.
Date: June 28, 2017
Jeffrey A. Watson Administrative Law Judge
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R-2017-2586310 – PENNSYLVANIA PUBLIC UTILITY COMMISSION v. PEOPLES NATURAL GAS COMPANY LLC
R-2017-2586318 – PENNSYLVANIA PUBLIC UTILITY COMMISSION v. PEOPLES NATURAL GAS COMPANY LLC – EQUITABLE DIVISION
R-2017-2586317 – PENNSYLVANIA PUBLIC UTILITY COMMISSION v.
PEOPLES TWP LLC
5
(Revised 6/2/17)
MICHAEL W GANG ESQUIRE
MICHAEL W HASSELL ESQUIRE
ANTHONY D KANAGY ESQUIRE
DEVLIN T RYAN ESQUIRE
POST & SCHELL PC
12TH FLOOR
17 NORTH SECOND STREET
HARRISBURG PA 17101-1601
717.731.1970
Representing Peoples Natural
Gas Company LLC/Peoples-Equitable Division/Peoples TWP
Accepts e-Service
ARON J BEATTY ESQUIRE
DAVID T EVRARD ESQUIRE
OFFICE OF CONSUMER ADVOCATE
FORUM PLACE 5TH FLOOR
555 WALNUT STREET
HARRISBURG PA 17101-1923
717.783.5048
Representing OCA
Does not accept e-Service
ELIZABETH ROSE TRISCARI ESQUIRE
OFFICE OF SMALL BUSINESS ADVOCATE
300 NORTH SECOND STREET SUITE 202
HARRISBURG PA 17101
717.783.2525
Representing OSBA
Does not accept e-Service
PHILLIP C KIRCHNER ESQUIRE
PA PUC BUREAU OF INVESTIGATION & ENFORCEMENT
PO BOX 3265
HARRISBURG PA 17105-3265
717.783.7998
Representing BI&E
Accepts e-Service
WILLIAM H ROBERTS II ESQUIRE
PEOPLES NATURAL GAS COMPANY LLC
225 NORTH SHORE DRIVE
PITTSBURGH PA 15212
412.208.6527
Representing Peoples Natural Gas Company LLC – Equitable Division
Does not accept e-Service
JENNIFER L PETRISEK ESQUIRE
PEOPLES NATURAL GAS COMPANY LLC
225 NORTH SHORE DRIVE
PITTSBURGH PA 15212
412.208.6834
Representing Peoples Natural Gas Company LLC
Does not accept e-Service
LYNDA W PETRICHEVICH
DIRECTOR OF RATES
PEOPLES NATURAL GAS COMPANY LLC
225 NORTH SHORE DRIVE SUITE 300
PITTSBURGH PA 15212
412.208.6528
Representing Peoples Natural Gas Company LLC
Does not accept e-Service
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KEVIN J MOODY ESQUIRE
PENNSYLVANIA INDEPENDENT OIL &
GAS ASSOCIATION
212 LOCUST STREET
SUITE 300
HARRISBURG PA 17101-1510
717.234.8525
Representing Peoples Natural
Gas Company LLC, Peoples-Equitable Division, Peoples TWP
Accepts e-Service
DANIEL KILLMEYER
184 MCKAY ROAD
SAXONBURG PA 16056-9726
724.352.5029
C-2017-2596020
Peoples Natural Gas Company LLC
Formal Complaint
ROBERT REDINGER JR
1881 PAINTERS RUN ROAD
PITTSBURGH PA 15241
412.221.7682
R-2017-2586310
Complainant
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