PENNSYLVANIA
PUBLIC UTILITY COMMISSION
Harrisburg, PA 17105-3265

Public Meeting held October 23, 2008

Commissioners Present:

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

Pennsylvania Public Utility Commission   		:		R-2008-2028394
Office of Consumer Advocate				:		C-2008-2041468
Office of Small Business Advocate			:		C-2008-2041441
Philadelphia Area Industrial Energy Users Group	:		C-2008-2041504
Thurston C. Jones, Sr.					:		C-2008-2036337
Linda Mustascio, Mustascio Concepts			:		C-2008-2040919
Stephen P. Bauer					:		C-2008-2044252
Ron Schmitz						:		C-2008-2045964
John A. & Mary Stickley				:		C-2008-2046008
Rose Knezits						:		C-2008-2046264
Jarrett Jackson						:		C-2008-2049720
Bill Yeager						:		C-2008-2046194
Nancy Peluso						:		C-2008-2044114
							:
	v.						:
							:
PECO Energy Company – Gas Division		:

ORDER

BY THE COMMISSION:

We adopt as our action the Recommended Decision of Administrative Law Judge Marlane R. Chestnut dated September 10, 2008;

THEREFORE,

IT IS ORDERED:

1.	That the rates, rules and regulations contained in Supplement No. 71 to Tariff Gas-Pa.P.U.C. No. 2 not be permitted to be placed in effect;

2.	That the rates, terms and conditions contained in the Joint Petition for Settlement of Rate Investigation at Docket No. Docket No. R-2008-2028394 submitted by PECO Energy Company, the Office of Trial Staff, the Office of Consumer Advocate, the Office of Small Business Advocate, the Philadelphia Area Industrial Energy Users Group and the Community Action Association of Pennsylvania are approved and adopted without modification;

3.	That upon entry of the Commission Order approving the recommendation to adopt the Joint Petition for Settlement of Rate Investigation, PECO Energy Company be permitted to file a tariff supplement in substantially the same form as that attached to the Joint Petition as Appendix A to become effective for service rendered on and after January 1, 2009, which tariff supplement, inter alia, increases the company’s rates so as to produce an increase in annual operating base rate revenues of $76.0 million and approximately $954.9 million in total annual operating revenue, and commencing December 1, 2009, an additional $.5 million of LIURP costs through its Universal Service Fund Charge mechanism, as shown on the proof of revenues attached to the Joint Petition for Settlement of Rate Investigation as Appendix B;

		4.	That the Complaints filed at Docket Nos. C-2008-2041468, C-2008-2041441, C-2008-2041504, C-2008-2040919, C-2008-2045964, C-2008-2044252, C-2008-2046008, C-2008-2046264, C-2008-2049720, C-2008-2036337, C-2008-2046194, and C-2008-2044114 be terminated and marked closed; 

		5.	That admitted into the record of this proceeding is the Joint Petition for Settlement of Rate Investigation, including all appendices; and

		6.	That upon acceptance and approval by the Commission of the tariff supplement filed by PECO Energy Company consistent with this Order, this proceeding at Docket No. R-2008-2028394 shall be marked closed.

BY THE COMMISSION,

James J. McNulty
Secretary

(SEAL)

ORDER ADOPTED: October 23, 2008

ORDER ENTERED:  October 29, 2008