NOTICES
Tentative Order
[32 Pa.B. 5375] Public Meeting held
October 10, 2002Commissioners Present: Glen R. Thomas, Chairperson, statement follows; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick, statement dissenting in part follows; Kim Pizzingrilli
Application of Kenneth Songer d/b/a Corsica Gas Company for approval of a Certificate of Public Convenience to Supply Natural Gas Service to the Public in Union and Eldred Townships, Jefferson County, Pennsylvania; Doc. No. A-125115
Tentative Order By the Commission:
On May 31, 2002, Kenneth Songer d/b/a Corsica Gas Company (Company or Applicant) filed an application for approval of a certificate of public convenience to provide natural gas service to the public in Union and Eldred Townships, Jefferson County, PA. In addition, the Applicant has filed a petition to waive the filing fee as the Applicant generates limited revenues and paying the filing fee would create a financial hardship.
The Company has been operating as a defacto public utility, providing service for approximately 20 years and currently provides service to 33 customers. The Company indicates it has and will continue to charge $9 per mcf.
No corporation, partnership or individual is now furnishing or has corporate or franchise rights to furnish service similar to that of the proposed public utility in the territory of the proposed public utility and no competitive conditions will be created. National Fuel Gas and T.W. Phillips Company have facilities near the service area but both companies have declined to provide service to the service area.
Approval of the application is necessary since the service area is relatively isolated and includes a limited number of customers. Two major gas utilities were approached by the Applicant regarding their interest in supplying service to the area, but both declined. Unless served by the Applicant, the customers and prospective customers in the area will have no source of natural gas service. Alternative fuels are more expensive and less convenient to the users. In addition, we believe that the Applicant has demonstrated financial hardship and therefore we shall grant Applicant's petition to waive the standard $350 filing fee.
Upon full consideration of all matters of record, we agree that approval of the application is necessary and proper for the service, accommodation and convenience of the public. For these reasons we tentatively conclude that approval of the application is in the public interest; Therefore,
It Is Ordered That:
1. The application of Kenneth Songer d/b/a Corsica Gas Company is hereby tentatively approved.
2. A copy of this Tentative Order be published in the Pennsylvania Bulletin giving the public 10 days from the date of publication to file written comment or request oral hearing.
3. Absent the filing of adverse public comment or request for oral hearing within 10 days from the date of publication pursuant to Ordering Paragraph No. 2, this Tentative Order shall become final without further order of the Commission.
4. Upon this Tentative Order becoming final pursuant to the provisions of Ordering Paragraph No. 3, a Certificate of Public Convenience be issued pursuant to section 1101 of the Public Utility Code, 66 Pa.C.S. § 1101 authorizing Kenneth Songer d/b/a Corsica Gas Company to supply natural gas service to the public in Union and Eldred Townships, Jefferson County, PA.
5. The normal $350 filing fee is waived.
6. Kenneth Songer d/b/a Corsica Gas Company shall file, within 15 days after the Certificate of Public Convenience is issued, a tariff reflecting the current rates, rules and regulations, effective on 5 days notice.
7. Kenneth Songer d/b/a Corsica Gas Company be added to the active lists of the Tariff and Annual Reports Section of the Bureau of Fixed Utility Services and the Assessments Section of the Commission's Office of Administrative Services.
8. A copy of this Tentative Order be served upon the Department of Revenue, Bureau of Corporate Taxes.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 02-1928. Filed for public inspection October 25, 2002, 9:00 a.m.]
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