PENNSYLVANIA
PUBLIC UTILITY COMMISSION
Harrisburg, PA 17105-3265

Public Meeting held February 26, 2009

Commissioners Present:

James H. Cawley, Chairman
Tyrone J. Christy, Vice Chairman
Robert F. Powelson
Kim Pizzingrilli
Wayne E. Gardner

Pennsylvania Public Utility Commission,		:	R-2008-2029325
Office of Consumer Advocate,			:	C-2008-2058992 & C-2008-2059011
Office of Small Business Advocate,			:	C-2008-2059017
Theodore Block,					:	C-2008-2053054
Louis Raggiunti,					:	C-2008-2055860
John D. Kenst,						:	C-2008-2056350
David E. & Diana M. Swank,				:	C-2008-2059388
Anna Mae Milovats,					:	C-2008-2059835
Stephen L. Lippello,					:	C-2008-2061316
Jesse Snak,						:	C‑2008‑2063460
Equitable Industrial Intervenors, and			:	C‑2008‑2063515
Pamela Pamplin					:	C-2008-2066354
							:
v.	:
							:
Equitable Gas Company				:

Independent Oil and Gas Association of		:
Pennsylvania						:
							:
	v.						:	C-20066800
							:
Equitable Gas Company				:

ORDER

BY THE COMMISSION:

We adopt as our action the Recommended Decision of Administrative Law Judge John H. Corbett, Jr. dated January 13, 2009;

THEREFORE,

IT IS ORDERED:

1.	That Equitable Gas Company shall not place into effect the rates, rules, and regulations contained in Supplement No. 60 to Tariff Gas – Pa. P.U.C. No. 22, the same having been found to be unjust, unreasonable, and therefore unlawful.

2.	That the Joint Petition for Settlement of a Consolidated Proceeding submitted by Equitable Gas Company, the Office of Trial Staff, the Office of Consumer Advocate, the Office of Small Business Advocate, the Independent Oil and Gas Association of Pennsylvania, and Hess Corporation at Docket Nos. R-2008-2029325, et al., including all terms and conditions contained therein, is hereby approved.

3.	That Equitable Gas Company is hereby authorized to file the tariff supplement contained in Appendix “B” to the Joint Petition for Settlement of a Consolidated Proceeding on one day’s notice, designed to produce $38.35 million in additional annual base rate operating revenue based upon the pro forma level of operations at December 31, 2008, consistent with the Commission’s final Order entered in this proceeding.

4.	That Equitable Gas Company shall allocate the authorized increase in operating revenues to each customer class and shall implement the rate design as set forth in Appendix “A” to the Joint Petition for Settlement of a Consolidated Proceeding.

5.	That Equitable Gas Company shall not file with the Commission a tariff or tariff supplement proposing a general increase in base rates prior to April 1, 2010; provided, however, that Equitable Gas Company shall not be precluded from filing a tariff or tariff supplement proposing a general increase in base rates in compliance with Commission Orders or in response to fundamental changes in regulatory policies or federal or state tax policies affecting the rates of Equitable Gas Company.

6.	That the formal complaints of the Office of Consumer Advocate, Office of Small Business Advocate and Equitable Industrial Intervenors at Docket Nos. C-2008-2058992, C-2008-2059011, C-2008-2059017 and C-2008-2063515, respectively, are hereby dismissed consistent with the Joint Petition for Settlement of a Consolidated Proceeding.
7.	That the formal complaint of the Independent Oil and Gas Association of Pennsylvania at Docket No. C-20066800 is hereby dismissed consistent with the Joint Petition for Settlement of a Consolidated Proceeding.

8.	That the formal complaints of Theodore Block at Docket No. C-2008-2053054, Louis Raggiunti at Docket No. C-2008-2055860, John D. Kenst at Docket No. C-2008-2056350, David E. and Diana M. Swank at Docket No. C-2008-2059388, Anna Mae Milovats at Docket No. C-2008-2059835, Stephen L. Lippello at Docket No. C-2008-2061316, Jesse A. Snak at Docket No. C-2008-2063460, and Pamela Pamplin at Docket No. C-2008-2066354 are hereby dismissed.

9.	That after acceptance and approval by the Commission of the tariff revisions filed by Equitable Gas Company, the investigation at Docket No. R-2008-2029325 shall be terminated and the record shall be marked closed.

BY THE COMMISSION,

James J. McNulty
Secretary

(SEAL)

ORDER ADOPTED:  February 26, 2009

ORDER ENTERED:  February 26, 2009