Pennsylvania Public Utility Commission s39

BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION

Joint Petition of Metropolitan Edison Company, Pennsylvania Docket Nos. P-2011-2273650 Electric Company, Pennsylvania Power Company, and West Penn P-2011-2273668 Power Company for Approval of Their Default Service Programs P-2011-2273669 P-2011-2273670

ORDER DENYING CAUSE-PA’S MOTION TO COMPEL AS MOOT AND GRANTING THE PENNSYLVANIA STATE UNIVERSITY’S PETITION TO INTERVENE

CAUSE-PA’s Motion to Compel On January 11, 2012, Metropolitan Edison Company (“Met-Ed”), Pennsylvania Electric Company (“Penelec”), Pennsylvania Power Company (“Penn Power”) and West Penn Power Company (“West Penn”) (collectively the “Companies”) filed their written objections to the Coalition for Affordable Utility Services and Energy Efficiency in Pennsylvania’s (CAUSE-PA) Interrogatories (Set I) Nos. 1.c. through j., 2 and 3, on the grounds of relevance. On January 13, 2012, CAUSE-PA filed a Motion to Dismiss Objections of the Companies pursuant to the modified discovery rules outlined in my Scheduling Order dated December 22, 2011. I am treating this Motion to Dismiss Objections as a Motion to Compel Discovery pursuant to 52 Pa. Code § 5.342(g)(relating to answers or objections to written interrogatories by a party). The Companies filed an Answer to the Motion to Dismiss on or about January 19, 2012.

On February 2, 2012, counsel for CAUSE-PA represented that the Companies have either provided the information requested in CAUSE-PA’s interrogatories or have indicated that they are gathering the information and that it will be provided to CAUSE-PA. Therefore, CAUSE-PA is in agreement with the Companies that the motion to compel be denied as moot.

Accordingly, CAUSE-PA’s Motion to Dismiss the Companies’ objections and Order the Companies to furnish the information sought in CAUSE-PA Interrogatories (Set I) Nos. 1.c through j., 2 and 3 shall be denied as moot.

Penn State University’s Petition to Intervene On January 20, 2012, The Pennsylvania State University (PSU) filed a petition to intervene in the instant case. PSU avers that it has an interest sufficient to warrant intervention because it may be directly affected by the proceeding and it is not being adequately represented by any of the existing participants. Further, it asserts that it may be bound by the actions of the

Commission as it is a major generation, transmission, and distribution service customer of West

Penn at its University Park campus receiving service through West Penn’s PA Retail Tariff 37.

PSU is the only customer taking service under Tariff 37.

52 Pa. Code § 5.71(a)(2) (relating to initiation of intervention) provides that an intervenor may be initiated in a proceeding by order of the presiding officer or the Commission upon grant of a petition to intervene. PSU is a large customer of West Penn, and it operates under Tariff 37, in a unique situation. I find that PSU’s interest which may be directly affected by the outcome of this proceeding is not adequately represented by any of the existing participants. Further, as its intervention will not delay the procedural schedule in this proceeding, because it has represented that it is monitoring the case for impact upon PSU’s Tariff 37, and because there is no objection from any party in this proceeding, pursuant to 52 Pa. Code §§5.71 – 5.75, said petition to intervene shall be granted. THEREFORE,

IT IS ORDERED

1. That the Coalition for Affordable Utility Services and Energy Efficiency in

Pennsylvania’s Motion to Dismiss Objections of Metropolitan Edison Company,

Pennsylvania Electric Company, Pennsylvania Power Company, and West Penn

2 Power Company to the Interrogatories (Set I) of the Coalition for Affordable Utility

Services and Energy Efficiency in Pennsylvania is hereby denied as moot.

2. That The Pennsylvania State University’s Petition to Intervene is hereby granted.

3. That Thomas J. Sniscak, Esquire shall be added to the official service list and the e-

mail addresses [email protected], [email protected] and

[email protected] shall be added to the e-mail distribution list described in

the December 22, 2011 Scheduling Order at Docket Nos. P-2011-2273650, P-2011-

2273668, P-2011-2273669, and P-2011-2273670.

Date: February 2, 2012 ______Elizabeth H. Barnes

Administrative Law Judge

3 P-2011-2273650 METROPOLITAN EDISON COMPANY P-2011-2273668 PENSYLVANIA ELECTRIC COMPANY P-2011-2273669 PENNSYLVANIA POWER COMPANY P-2011-2273670 WEST PENN POWER COMPANY

JOINT PETITION FOR APPROVAL OF DEFAULT SERVICE PLAN

CHARLES DANIEL SHIELDS ESQUIRE BRIAN J KNIPE ESQUIRE PA PUC BUREAU OF INVESTIGATION BUCHANAN INGERSOLL & ROONEY AND ENFORCEMENT PC PO BOX 3265 17 NORTH SECOND ST, 15TH FLOOR HARRISBURG PA 17105 HARRISBURG PA 17101-1503

AARON BEATTY ESQUIRE CHARIS MINCAVAGE ESQUIRE DARRYL LAWARENCE ESQUIRE SUSAN E BRUCE ESQUIRE OFFICE OF CONSUMER ADVOCATE MCNEES WALLACE & NURICK 5TH FLOOR FORUM PLACE 100 PINE STREET 555 WALNUT STREET PO BOX 1166 HARRISBURG PA 17101-1923 HARRISBURG PA 17108

DANIEL G ASMUS ESQUIRE OFFICE OF SMALL BUSINESS REGINA L MATZ ESQUIRE ADVOCATE THOMAS, LONG, NIESEN & SUITER 1102 COMMERCE BUILDING KENNARD 300 NORTH SECOND STREET 212 LOCUST ST HARRISBURG PA 17101 SUITE 500 PO BOX 9500 HARRISBURG PA 17108 THOMAS P GADSDEN ESQUIRE MORGAN LEWIS & BOCKIUS LLP 1701 MARKET STREET BRADLEY A BINGAMAN PHILADELPHIA PA 19103-2921 TORI L GEISLER FIRSTENERGY SERVICE COMPANY 2800 POTTSVILLE PIKE DANIEL CLEARFIELD ESQUIRE PO BOX 16001 DEANNE M O'DELL ESQUIRE READING PA 19612-6001 ECKERT SEAMANS CHERIN & MELLOT LLC PATRICK M CICERO ESQUIRE 213 MARKET STREET 8TH FLOOR PENNSYLVANIA UTILITY LAW PO BOX 1248 PROJECT HARRISBURG PA 17108-1248 118 LOCUST STREET HARRISBURG PA 17101-1414

BENJAMIN L WILLEY ESQUIRE

4 LAW OFFICES OF BENJAMIN L MANAGING COUNSEL – WILLEY REGULATORY 7272 WISCONSIN AVENUE CONSTELLATION ENERGY SUITE 300 100 CONSTELLATION WAY SUITE BETHESDA MD 20814 500C BALTIMORE MD 21202 MICHAEL A GRUIN, ESQUIRE STEVENS & LEE TREVOR D STILES ESQUIRE 17 NORTH SECOND ST, 16TH FLOOR FOLEY & LARDNER LLP HARRISBURG PA 17101 777 E WISCONSIN AVE MILWAUKEE WI 53202 TODD S STEWART ESQUIRE HAWKE MCKEON & SNISCAK LLP THOMAS J SNISCAK ESQUIRE 100 NORTH TENTH ST HAWKE MCKEON & SNISCAK LLP HARRISBURG PA 17101 100 NORTH 10TH STREET P O BOX 1778 DIVESH GUPTA HARRISBURG PA 17105-1778