Pennsylvania Public Utility Commission Public

PENNSYLVANIA PUBLIC UTILITY COMMISSION

PUBLIC MEETING

THURSDAY, May 6, 2021 (RY) 10:00 A.M. Telephone number for call in is 1-888-917-8050 When prompted enter passcode 9570961#

The Commission will act on various matters at today's meeting, which is open to the public via telephonic participation. Since adequate forums have been made available for public participation in cases before the Commission, there will be no opportunity for the public to address the Commission.

The attached agenda is complete at the time of issuance, but other items may be added, and some stricken without further notice.

The listing of an item on the agenda does not necessarily mean that the Commission will take final action on it at this meeting. When the Commission does take final action, its decision---except on routine, uncontested tariff filings---will be put in writing and served on the interested parties and made public at the time it is entered and served.

All public documents---such as orders, opinions, hearing transcripts, comments, initial and recommended decisions, and the like---relating to items on the agenda, are available on the Commission’s web site www.puc.pa.gov.

The Commissioners are:

COMMISSIONER VICE CHAIRMAN CHAIRMAN COMMISSIONER COMMISSIONER

Ralph V. Yanora David W. Sweet Gladys Brown Dutrieuille John F. Coleman, Jr Vacant

The Next Public Meeting is Tentatively Scheduled for Thursday, May 20, 2021 at 10:00 A.M.

Minutes of the Meeting of Thursday, March 25, 2021 (JFC)

***ANNOUNCEMENTS***

THE NEXT TELEPHONIC PUBLIC MEETING OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION IS SCHEDULED FOR THURSDAY, MAY 20, 2021 AT 10:00 A.M. AN AGENDA FOR PUBLIC MEETING WILL BE MADE AVAILABLE TO ALL COMMISSIONERS AND INTERESTED PERSONS PRIOR TO THE PUBLIC MEETING.

THE COMMISSION WILL HOLD ITS NEXT VIDEO CONFERENCE EXECUTIVE SESSION ON WEDNESDAY, MAY 19, 2021 AT 1:30 P.M.

THE COMMISSION'S AGENDA WILL BE LIMITED TO:

1. DISCUSSING PERSONNEL MATTERS.

2. CONSULTING WITH ITS LEGAL OR TECHNICAL STAFF REGARDING INFORMATION AND STRATEGY IN CONNECTION WITH CURRENT OR POTENTIAL LITIGATION.

3. DISCUSSING MATTERS RELATED TO THE INITIATION AND CONDUCT OF INVESTIGATIONS, AND QUASI-JUDICIAL DELIBERATIONS.

4. REVIEWING LEGALLY PRIVILEGED OR CONFIDENTIAL MATTERS.

5. DISCUSSING COLLECTIVE BARGAINING ISSUES.

6. CONSIDERING THE PURCHASE OR LEASE OF REAL ESTATE.

AN AGENDA FOR THE EXECUTIVE SESSION WILL BE DISTRIBUTED TO ALL COMMISSIONERS IN ADVANCE OF THIS SESSION. THIS NOTICE IS PROVIDED IN ACCORDANCE WITH ACT 84 OF 1986, KNOWN AS THE SUNSHINE ACT.

Additionally, the Commission meets telephonically with staff to ensure the continuity of operations during the period it cannot access its physical facilities. No topics are discussed that are items appropriately discussed in executive session or that require consideration at an open meeting, as defined by the Sunshine Act. Topics are limited to those operational concerns necessary to ensure continuity and adequacy of service and public safety.

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MOTIONS AND STATEMENTS OF THE CHAIRMAN AND COMMISSIONERS WILL BE AVAILABLE ON THE COMMISSION’S WEBSITE AT WWW.PUC.PA.GOV AFTER PUBLIC MEETING.

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PENNSYLVANIA PUBLIC UTILITY COMMISSION

FINAL AGENDA

May 6, 2021

BUREAU OF AUDITS

AGENDA NO. 3015283-AUD DOCKET NO. D-2020-3015283

NAME AND SUBJECT: PEOPLES NATURAL GAS COMPANY LLC - EQUITABLE DIVISION Universal Service and Energy Conservation audit for twelve months ended 8/31/18, 8/31/17, and 8/31/16.

RECOMMENDATION: That the Commission release the audit report to the public

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3018771-AUD DOCKET NO. D-2020-3018771 D-2020-3018773 D-2020-3018774

NAME AND SUBJECT: AQUA PENNSYLVANIA INC, PEOPLES NATURAL GAS COMPANY LLC, AND PEOPLES GAS COMPANY LLC Management and Operations Audit. The companies submitted an implementation plan dated 4/16/21, indicating acceptance of 38 recommendations, partial agreement of 8 recommendations and rejection of 1 recommendation.

RECOMMENDATION: That the Commission make the audit report and the Implementation Plan public.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

BUREAU OF CONSUMER SERVICES

AGENDA NO. 3005795-BCS DOCKET NO. M-2018-3005795 P-2020-3020727 P-2020-3022154

NAME AND SUBJECT: PECO ENERGY COMPANY Filed proposed 2019-2021 Universal Service and Energy Conservation Plan (USEP) on 11/1/18, in accordance with the Commission’s regulations at 52 Pa. Code §§ 54.71-54.78 and 62.1-62.8. By Order entered on 10/3/19 at Docket No. M-2019-3012601, the Commission revised the USECP filing schedule and thereby extended the proposed USECP through 2024. The proposed 2019-2024 USECP was last amended on 9/25/20.

RECOMMENDATION: That the Commission adopt the proposed Tentative Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

OFFICE OF SPECIAL ASSISTANTS

AGENDA NO. 3013818-OSA DOCKET NO. C-2019-3013818

NAME AND SUBJECT: PA PUC BUREAU OF INVESTIGATION & ENFORCEMENT VS ROSEMONT TAXICAB COMPANY INC Formal Complaint filed on 10/25/19, alleging that Rosemont Taxicab Co. Inc. (Respondent/Petitioner) failed to file an assessment report for the 2016 calendar year and failed to pay its assessment amount for Fiscal Year 2017-2018. The Bureau of Investigation & Enforcement requested that the Respondent be ordered to pay $7,265 (consisting of the outstanding assessment balance of $5,012 and a civil penalty of $2,253) and that, inter alia, the Respondent's Certificate of Public Convenience be revoked if it failed to pay the assessment and civil penalty. The Respondent did not file an Answer to the Complaint. On 9/2/20, the Commission cancelled Respondent/Petitioner’s Certificate of Public Convenience by Secretarial Letter. On 1/15/21, the Respondent/Petitioner filed a Petition for Reinstatement.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3014286-OSA DOCKET NO. M-2021-3014286

NAME AND SUBJECT: PA PUC BUREAU OF INVESTIGATION & ENFORCEMENT VS PECO ENERGY COMPANY PECO Energy Company’s (PECO) call center third-party vendor made a dialer platform change on 6/25/18, resulting in two separate computer errors that ultimately caused improper electric service termination for approximately 49,500 customers between 6/25/18 and 9/10/19. PECO discovered the first error on 8/9/18, and suspended all terminations. The matter was reported to the Commission’s Bureau of Consumer Services (BCS) on 8/16/18, and BCS referred the matter for investigation to the Commission’s Bureau of Investigation and Enforcement (BIE). The first error was resolved on 8/20/18. The second error was detected on 9/10/19 and PECO again suspended all terminations. The second error was resolved on 9/12/19. Upon completion of the investigation in these matters, BIE was prepared to file a formal complaint against PECO that it had violated the Pennsylvania Public Utility Code and the Commission’s Regulations regarding personal contact before service is discontinued and termination of service. However, BIE and PECO engaged in negotiations and agreed to resolve the matter through settlement. On 2/12/21, the Parties filed a Joint Petition for Approval of Settlement for the Commission’s consideration.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3019634-OSA DOCKET NO. A-2020-3019634

NAME AND SUBJECT: PENNSYLVANIA AMERICAN WATER COMPANY-WASTEWATER DIVISION Application filed on 7/14/20 for a Certificate of Public Convenience to acquire the wastewater system and related assets of Royersford Borough (Borough). On 11/21/20, the Commission accepted the Application for filing. ALJ Guhl conducted an evidentiary hearing on 6/28/19. Thereafter, on 1/29/21, Pennsylvania American Water Company (PAWC), the Borough, the Bureau of Investigation and Enforcement (BIE) and the Office of Consumer Advocate (OCA) filed a Joint Petition for Approval of Settlement of All Issues (Settlement). By Recommended Decision issued on 3/16/21, the ALJ recommended approving the Settlement without modification and granting the Application. The OCA filed Exceptions on 3/26/21. On 3/29/21, PAWC filed Replies to Exceptions.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3021546-OSA DOCKET NO. A-2020-3021546

NAME AND SUBJECT: GREENCROWN ENERGY LLC Application filed on 6/10/20, for a license to offer, render, furnish, or supply electricity or electric generation services as a broker/marketer to small commercial, large commercial, industrial, and governmental customers in all of the electric distribution company service territories throughout Pa. By Opinion and Order entered 11/19/20, the Commission denied the Application. On 11/26/20, the company filed a Petition for Reconsideration, Rescission and Reinstatement (Petition). By Order entered 12/7/20, the Commission granted reconsideration, within the meaning of Pa. R.A.P. Rule 1701(b)(3), pending review of, and consideration on, the merits of the Petition.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3022989-OSA DOCKET NO. A-2020-3022989 A-6423594

NAME AND SUBJECT: PARAGON TRANSPORTATION LLC Application filed on 11/23/20, for Motor Common Carrier of Persons Group and Party Service in Vehicles Seating 11 to 15, Including the Driver with the Commission (Application). On 11/25/20, the Commission’s Bureau of Technical Utility Services issued a letter notifying Paragon that additional information was required within ten days to complete its analysis of the Application. On 12/31/20, the Commission issued a Secretarial Letter dismissing the Application (December 2020 Secretarial Letter) for Paragon’s failure to provide the requested information. On 1/13/21, Paragon filed a Petition for Reconsideration from Staff Action (Petition) relating to the December 2020 Secretarial Letter. No response to the Petition has been filed.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024194-OSA DOCKET NO. A-2021-3024194

NAME AND SUBJECT: VERIZON PENNSYLVANIA LLC AND MCIMETRO ACCESS TRANSMISSION SERVICES CORP Joint Petition filed on 2/17/21, seeking approval of an Amendment to an Interconnection Agreement pursuant to Section 252(e) of the Telecommunications Act of 1996. Notice of the Joint Petition was published in the Pa. Bulletin on 3/6/21. No comments or protests were received.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024195-OSA DOCKET NO. A-2021-3024195

NAME AND SUBJECT: VERIZON PENNSYLVANIA LLC AND XO COMMUNICATIONS SERVICES LLC Joint Petition filed on 2/17/21, seeking approval of an Amendment to an Interconnection Agreement pursuant to Section 252(e) of the Telecommunications Act of 1996. Notice of the Joint Petition was published in the Pennsylvania Bulletin on 3/6/21. No comments or protests were received.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024196-OSA DOCKET NO. A-2021-3024196

NAME AND SUBJECT: VERIZON NORTH LLC AND MCIMETRO ACCESS TRANSMISSION SERVICES CORP Joint Petition filed on 2/17/21, seeking approval of an Amendment to an Interconnection Agreement pursuant to Section 252(e) of the Telecommunications Act of 1996. Notice of the Joint Petition was published in the Pa Bulletin on 3/6/21. No comments or protests were received.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024260-OSA DOCKET NO. A-2021-3024260

NAME AND SUBJECT: VERIZON PENNSYLVANIA LLC AND ONVOY LLC Joint Petition filed on 2/24/21, seeking approval of an Amendment to an Interconnection Agreement pursuant to Section 252(e) of the Telecommunications Act of 1996. Notice of the Joint Petition was published in the Pa Bulletin on 3/6/21. No comments or protests were received.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024262-OSA DOCKET NO. A-2021-3024262

NAME AND SUBJECT: VERIZON NORTH LLC AND ONVOY LLC Joint Petition filed on 2/24/21, seeking approval of an Amendment to an Interconnection Agreement pursuant to Section 252(e) of the Telecommunications Act of 1996. Notice of the Joint Petition was published in the Pa Bulletin on 3/6/21. No comments or protests were received.

RECOMMENDATION: That the Commission adopt the proposed Opinion and Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

BUREAU OF TECHNICAL UTILITY SERVICES

AGENDA NO. 3009271-TUS (PP from 4/15/2021) DOCKET NO. A-2019-3009271

NAME AND SUBJECT: ENERWISE GLOBAL TECHNOLOGIES LLC D/B/A CPOWER Application filed on 4/18/19, for the approval for a license to offer, render, furnish, or supply electricity or electric generation services to large commercial, industrial, and governmental customers within Pa.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 3-1 Chairman Dutrieuille Yes - Motion Vice Chairman Sweet No – Verbal Statement Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024022-TUS DOCKET NO. A-2021-3024022

NAME AND SUBJECT: GOTHAM ENERGY 360 LLC D/B/A GOTHAM 360 Application filed on 2/5/21, for the approval for a license to offer, render, furnish, or supply electricity or electric generation services as a broker/marketer to residential, small commercial, large commercial, industrial, and governmental customers in all of the electric distribution company service territories throughout Pa.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

8 AGENDA NO. 3024027-TUS DOCKET NO. A-2021-3024027

NAME AND SUBJECT: GOTHAM ENERGY 360 LLC D/B/A GOTHAM 360 Application filed on 2/5/21, for the approval to offer, render, furnish, or supply natural gas services as a broker/marketer to residential, small commercial, large commercial, industrial and governmental customers in the natural gas distribution company service territories of Columbia Gas of Pennsylvania, Inc., National Fuel Gas Distribution Corporation, PECO Energy Company, Peoples Natural Gas Company, LLC, Peoples Gas Company, LLC, Philadelphia Gas Works, UGI Utilities, Inc., and Valley Energy, Inc. within Pa.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024076-TUS DOCKET NO. A-2021-3024076

NAME AND SUBJECT: OPTIMIZE ENERGY LLC Application filed on 2/9/21, for the approval for a license to offer, render, furnish, or supply electricity or electric generation services as a broker/marketer to large commercial, industrial, and governmental customers within the electric distribution company service territories of Duquesne Light Company, Pennsylvania Electric Company, Pennsylvania Power Company, UGI Utilities, Inc., Wellsboro Electric Company, and West Penn Power Company within Pa.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024105-TUS DOCKET NO. A-2021-3024105

NAME AND SUBJECT: AT&T CORPORATION Application filed on 2/10/21, pursuant to Subsection 1102(a)(2) of the Public Utility Code, 66 P.a. C.S. § 1102(a)(2), seeking a Certificate of Public Convenience evidencing Commission approval of the discontinuance and partial abandonment of its competitive local exchange carrier (CLEC) services to residential customers in Pa. No protests were filed and no hearings were held.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes – Verbal Statement Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024215-TUS DOCKET NO. A-2021-3024215

NAME AND SUBJECT: HERCULES ENERGY LLC Application filed on 2/19/21, for the approval to offer, render, furnish, or supply natural gas services as a broker/marketer to residential, small commercial, large commercial, industrial and governmental customers in the natural gas distribution company service territories of Columbia Gas of Pennsylvania, Inc., National Fuel Gas Distribution Corporation, PECO Energy Company, Peoples Natural Gas Company, LLC, Peoples Gas Company, LLC, Philadelphia Gas Works, UGI Utilities, Inc., and Valley Energy, Inc. within Pa.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024218-TUS DOCKET NO. A-2021-3024218

NAME AND SUBJECT: HERCULES ENERGY LLC Application filed on 2/19/21, for the approval for a license to offer, render, furnish, or supply electricity or electric generation services as a broker/marketer to residential, small commercial, large commercial, industrial, and governmental customers in all of the electric distribution company service territories within Pa.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024296-TUS DOCKET NO. R-2021-3024296

NAME AND SUBJECT: COLUMBIA GAS OF PENNSYLVANIA INC On 3/30/21, Columbia Gas filed Supplement No. 325 to Tariff Gas – Pa. P.U.C. No. 9 to become effective 5/29/21. The tariff supplement proposes an overall revenue increase of approximately $98.3 million per year, an increase in residential customer’s bills using 70 therms per month from $100.77 to $115.37/month (14.49%). Formal complaints were filed by the Office of Consumer Advocate and the Office of Small Business Advocate on 4/6/21 and 4/15/21, respectively. Various oppositions were also filed.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024601-TUS DOCKET NO. R-2021-3024601

NAME AND SUBJECT: PA PUBLIC UTILITY COMMISSION VS. PECO ENERGY COMPANY- ELECTRIC DIVISION Tariff Electric – Pa. P.U.C. No. 7 (Tariff No. 7) filed on 3/30/21, to become effective 5/29/21. Tariff No. 7 contains proposed changes in rates, rules and regulations calculated to produce an overall revenue increase of approximately $246 million (7%), an increase in residential customer’s bills using 700 kWh from $100.29 to $109.97/month (9.65%). Formal complaints were filed by the Office of Small Business Advocate, and the Office of Consumer Advocate on 4/6/21 and 4/13/21, respectively. Various oppositions were also filed.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3024712-TUS DOCKET NO. S-2021-3024712

NAME AND SUBJECT: LEATHERSTOCKING GAS COMPANY LLC Securities Certificate filed on 3/19/21, for the issuance of a Commercial Promissory Note in a principal amount not to exceed $2,245,134. On 3/30/21, the company voluntarily extended the statutory consideration period until 5/6/21.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3025206-TUS DOCKET NO. R-2021-3025206 C-2021-3025263

NAME AND SUBJECT: PA PUBLIC UTILITY COMMISSION VS COMMUNITY UTILITIES OF PENNSYLVANIA INC Supplement No. 9 filed on 4/12/21, to become effective 6/12/21. Supplement No. 9 would increase the company's total annual operating revenues for water service by approximately $757,517, or 36.6%. On 4/15/21, the Office of Small Business Advocate filed a Formal Complaint at Docket No. C-2021-3025263.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3025207-TUS DOCKET NO. R-2021-3025207 C-2021-3025260

NAME AND SUBJECT: PA PUBLIC UTILITY COMMISSION VS COMMUNITY UTILITIES OF PENNSYLVANIA INC-WASTEWATER DIVISION Supplement No. 7 filed on 4/12/21, to become effective 6/12/21. Supplement No. 7 would increase the company’s total annual operating revenues for wastewater service by approximately $998,705, or 37.4%. On 4/15/2021, the Office of Small Business Advocate filed a Formal Complaint at Docket No. C-2021-3025260.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3025288-TUS DOCKET NO. M-2021-3025288

NAME AND SUBJECT: QUARTERLY EARNINGS OF JURISDICTIONAL UTITLITIES The Bureau of Technical Utility Services completed a report representing the earned and adjusted returns on rate base and common equity capital for Pennsylvania non-telephone fixed utilities with jurisdictional operating revenues of over $1,000,000. Included is a detailed, market-based analysis of the current cost of equity across industry-wide groups.

RECOMMENDATION: That the Commission make the earnings report public.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

LAW BUREAU

AGENDA NO. 3019254-LAW DOCKET NO. M-2020-3019254

NAME AND SUBJECT: SUPPLIER DOOR-TO-DOOR AND IN-PERSON MARKETING MORATORIUM, PROCLAMATION OF DISASTER EMERGENCY – COVID-19: RETAIL ENERGY SUPPLY ASSOCIATION PETITION FOR PARTIAL RESCISSION On 3/6/20, Chairman Gladys Brown Dutrieuille issued an Emergency Order prohibiting door-to-door, public event, and in-person sales and marketing activities by Electric Generation Suppliers and Natural Gas Suppliers in Pa, during the pendency of the Governor’s Proclamation of Disaster Emergency, or unless otherwise ordered by the Commission. On 3/29/21, the Retail Energy Supply Association filed a Petition for Partial Rescission.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3019254-LAW DOCKET NO. M-2020-3019254

NAME AND SUBJECT: SUPPLIER DOOR-TO-DOOR AND IN-PERSON MARKETING MORATORIUM, PROCLAMATION OF DISASTER EMERGENCY – COVID-19 On 3/6/20, Chairman Gladys Brown Dutrieuille issued an Emergency Order prohibiting door-to-door, public event, and in-person sales and marketing activities by Electric Generation Suppliers (EGS) and Natural Gas Suppliers (NGS) in Pennsylvania, during the pendency of the Governor’s Proclamation of Disaster Emergency, or unless otherwise ordered by the Commission. On 6/4/20, the Commission lifted the moratorium on in- person sales and marketing activities as it pertains to activities at retail businesses open as a result of the Governor’s directives regarding the yellow and green phases. On 12/3/20, the Commission lifted the moratorium on in-person sales and marketing activities as it pertains to activities at outdoor public events held in accordance with orders and directives issued by the Governor and the Secretary of Health.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3023323-LAW DOCKET NO. M-2020-3023323

NAME AND SUBJECT: IMPLEMENTATION OF ACT 114 OF 2020 On 11/23/2020, Governor Wolf signed into law Act 114 of 2020, that amends the Fiscal Code, 72 P.S. §§ 1 et seq. Act 114, inter alia, establishes geographical limits on energy resources that qualify as Tier II resources under the Alternative Energy Portfolio Standards (AEPS) Act, 73 P.S. §§ 1648.1 et seq. In general, Sections 10 and 14 amend the Fiscal Code at Article XVII-E (relating to the AEPS Act) by adding Sections 1728-E and 1799.10-E, respectively. This Implementation Order provides the Commission’s interpretation as well as the implementation of Sections 10 and 14 of Act 114.

RECOMMENDATION: That the Commission adopt the proposed Order.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

OFFICE OF ADMINISTRATIVE LAW JUDGE

AGENDA NO. 2459362-ALJ DOCKET NO. P-2014-2459362

NAME AND SUBJECT: PHILADELPHIA GAS WORKS On 5/7/20, Philadelphia Gas Works (PGW) filed its Implementation Plan which details the program budgets and implementation of PGW’s EnergySense Demand-Side Management Portfolio from 9/1/20 to 8/31/23. A prehearing conference was held on 9/10/20. The Office of Consumer Advocate and Office of Small Business Advocate filed a Notice of Intervention. Petitions to Intervene were filed by Coalition for Affordable Utility Services and Energy Efficiency in Pennsylvania, the Philadelphia Industrial and Commercial Gas Users Group, and the Tenant Union Representative Network and Action Alliance of Senior Citizens of Greater Philadelphia, which were all granted. A Joint Petition for Settlement and Statements in Support were filed on 3/2/21.

COMMISSION REVIEW: That the Commission adopt ALJ Brady’s Recommended Decision.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

AGENDA NO. 3021191-ALJ DOCKET NO. P-2020-3021191

NAME AND SUBJECT: PEOPLES NATURAL GAS COMPANY LLC On 3/31/20, effective for the tax year ended 12/31/20, Peoples Natural Gas Company LLC elected to define its unit of property under Section 162 of the Internal Revenue Code and the Internal Revenue Service’s Treasury Regulations 1.263(a)-3 and 1.162-4 (tangible property regulations), which allow the Company to prospectively deduct, as an operating expense on its income tax returns, the costs of certain asset improvements that otherwise would be capitalized and depreciated for tax purposes. The Office of Small Business Advocate, the Office of Consumer Advocate, and Bureau of Investigation & Enforcement filed Answers to the Petition. A telephonic hearing was held on 1/27/21. On 3/11/21, the parties filed a Joint Petition for Settlement.

COMMISSION REVIEW: That the Commission adopt Deputy Chief ALJ Hoyer’s Recommended Decision.

Votes and Notes: 4-0 Chairman Dutrieuille Yes Vice Chairman Sweet Yes Commissioner Coleman Yes Commissioner Yanora Yes

Water Week remarks by Commissioner Yanora. Emergency Broadband Benefits comments by Chairman Dutrieuille. Asian American Pacific Heritage Month observation by Chairman Dutrieuille. Chairman Dutrieuille remarks on the retirements of Doreen Trout and Fred Miles.