SBG Management Services, Inc. P.O. Box 549 Abington, PA Phone Fax

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1 SBG Management Services, Inc. P.O. Box 549 Abington, PA Phone Fax September 13, 2013 Rosemary Chiavetta, Secretary Pennsylvania Public Utility Commission P.O. Box 3265 Harrisburg, PA RE: SBG Management Services. Inc. (and related entities) v. PGW, Docket Nos. C-20I2-2304I67: C : C : C : C : C ; C-2Q ; C ; and C Dear Secretary Chiavetta: Pursuant to 52 Pa. Code Section 5.421, SBG Management Services, Inc. ("SBG"), the Complainant in the above-referenced matters, files its Answer to the Objections of Philadelphia Gas Works ("PGW") to the SBG Management Services Application for a Subpoena, If you have questions or require additional information, please do not hesitate to contact me at or as described in the contact information, below. Your assistance in this matter is appreciated. rancine Thornton Boone, Esquire ieneral Counsel, SBG Management Services, Inc. P.O. Box 549, Abington, PA c: e: fboone@sbemana^ement.com or Booneftfgjaol.com Enclosure RECEIVED SEP PA PUBLIC UTILITY COMMISSION SECRETARY'S BUREAU cc: ALJ Eranda Vero (by and regular mail) Philadelphia Gas Works by service on its attorney, Laureto Farinas, Esquire (by and regular mail) Laureto Farinas, Esquire (by ) (For PGW, Randy Hollman, Ralph T. Savage, and Phred Jones) John Dunn, III (J. Dunn, II], subpoena, only) Equal Housing Opportunity Equal Opportunity Employer "SBG Management and the owner of the property in question does not discriminate on the basis of handicap status in the admission to, or treatment of employment in its federally assisted programs and activities."

2 In the (Consolidated) Matters of: COMMONWEALTH OF PENNSYLVANIA BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION Docket No. C SBG Management Services. Inc. (Elrae) v. Philadelphia Gas Works Docket No. C SBG Manauement Services. Inc. v. Philadelphia Gas Works Docket No. C SBG Management Services. Inc. v. Philadelphia Gas Works Docket No. C SBG Management Services, Inc. (v. Philadelphia Gas Works Docket No. C SBG Management Services. Inc. v. Philadelphia Gas Works Docket No. C SBG Management Services. Inc. v. Philadelphia Gas Works Docket No. C SBG Management Services. Inc. v. Philadelphia Gas Works Docket No. C SBG Management Services, inc. v. Philadelphia Gas Works CEIVED orp j 0Q13 p A PUBLIC UTIUTV COMMISSION SECRETARY'S BUREAU Docket No. C SBG Management Services. Inc./Colonial Garden Realty Co.. L.P. v. Philadelphia Gas Works ANSWER OF COMPLAINANT. SBG MANAGEMENT SERVICES. INC.. TO THE OBIKCTIONS OF RESPONDENT. PHILADELPHIA GAS WORKS TO THE APPLICATION FOR SUBPOENA OF SBG MANAGEMENT SERVICES. INC. Pursuant to the 52 Pa. Code Section 5.421, SBG Management Services, Inc. ("SBG"] files its Answer to the Philadelphia Gas Works ("PGW"] Objections to SBG's Application for a subpoena (the "Subpoena") ordering John Dunn, III, ("Dunn"], a former PGW employee to appear at hearings previously scheduled for September 11 and 12, 2013, at the Philadelphia Office of the Pennsylvania Public Utility Commission ("Commission") at 10:00 a.m. In support of its Answer, SBG hereby avers the following: 1-2. Admitted. 3. Admitted in part, denied in part, it is admitted that the Subpoena did not contain a 10-day notice to file an Objection. The remainder of the allegations set forth in Paragraph 3 of PGW's objections are denied. Further, Respondent's objections are moot as 6

3 ALJ Eranda Vero issued a September 11, 2013 Order cancelling the September 11-12, 2013 hearings, which were not held and so the subpoenaed evidence and testimony could not be presented. (See Exhibit "A") 4-5. Denied. The allegations contained in Paragraphs 4-5 ofthe Respondent's Objections are denied as Complainant merely provided a courtesy copy ofthe Subpoena to PGW and personally served Dunn on August 27, Further, Respondent's objections are moot as ALJ Eranda Vero issued a 9/13/2013 Order cancelling the September 11-12, 2013 hearings, which were not held and so the subpoenaed evidence and testimony could not be presented. (See Exhibit "A") 6. Admitted in part; denied in part. It is admitted that the parties will discuss further hearing dates. The remainder ofthe allegations in Paragraph 6 of Respondent's Objections are denied. Further, Respondent's objections are moot as AL) Eranda Vero issued a 9/11/2013 Order cancelling the September 11-12, 2013 hearings, which were not held and so the subpoenaed evidence and testimony could not be presented. (See Exhibit "A") 7. Admitted in part, denied in part. It is admitted that the parties discussed further hearings on the Colonial Garden and Simon matters. The remainder of the allegations in Paragraph 7 of Respondent's Objections are denied. Further, Respondent's objections are moot as ALJ Eranda Vero issued a 9/11/2013 Order cancelling the September 11-12, 2013 hearings, which were not held and so the subpoenaed evidence and testimony could not be presented. (See Exhibit "A") 8. Admitted in part; denied in part. It is admitted that the presiding officer issued certain directives regarding pre-filed direct and rebuttal testimony. The remainder of the allegations in Paragraph 8 of Respondent's Objections are denied. Further, Respondent's objections are moot as ALJ Eranda Vero issued a 9/11/2013 Order cancelling the September 11-12, 2013 hearings, which were not held and so the subpoenaed evidence and

4 testimony could not be presented. (See Exhibit "A") 9. Admitted in part; denied in part. The allegations set forth in Paragraph 9 of the Respondent's Objections are admitted, but only to the extent that the presiding officer allowed Dunn to testify on matters in a general manner as they related to the common issue ofthe statute of limitations in all the Complaints. The remainder of the allegations in Paragraph 9 of Respondent's Objections are denied. Further, Respondent's objections are moot as ALJ Eranda Vero issued a 9/11/2013 Order cancelling the September 11-12, 2013 hearings, which were not held and so the subpoenaed evidence and testimony could not be presented. (See Exhibit "A") 10. Admitted in part; denied in part. It is admitted that the hearing dates of September 11 and 12, 2013 were cancelled. The remainder ofthe allegations in Paragraph 10 of Respondent's Objections are denied. Further, Respondent's objections are moot as ALJ Eranda Vero issued a 9/11/2013 Order cancelling the September 11-12, 2013 hearings, which were not held and so the subpoenaed evidence and testimony could not be presented. (See Exhibit "A) Wherefore, SBG respectfully requests that this Commission withdraw the subpoena and deny the Respondent PGW's objections to SBG's application for the subpoena of John Dunn, III, as moot since September 11 and 12, 2013 hearings were cancelled and not held, pursuant to the September 11, 2013 Order of ALJ Eranda Vero. Respectfully submitted, September 13, 2013 / /fi^ttm-s Aw&- / ^ ^ C ^ F^ncine J PlTornton Boone/Esquire fttorney I.D. No /Attorney for SBG Management Services, Inc. 702 N. Marshall Street Philadelphia, PA (215)

5 mo&d P.NNSUVAN.A COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA PUBLIC UTILITY COMMISSION Office of Administrative Law Judge P.O. BOX 3265, HARRISBURG, PA September 11, 2013 IN REPLY PLEASE RMTOOURRLE (SEE ATTACHED LIST) In Re: C C C C SBG Management Services Inc. v. Philadelphia Gas Works C SBG Management Services Inc. v. Philadelphia Gas Works C SBG Management Services Inc. v. Philadelphia Gas Works Cancellation Notice This is to inform you of the following cancellation: Type: Initial and Further Hearing Date: Wednesday, September 11, 2013 Thursday, September 12, 2013 Time: 10:00 a.m. Presiding: Administrative Law Judge Eranda Vero Please mark your records accordingly. p SEP h2013 * PUBLIC or, # rev 03/05 /-rf.. t. a, T- ^ A ( ' r

6 C SBG Management Services Inc. v. Philadelphia Gas Works C SBG Management Services Inc. v. Philadelphia Gas Works C SBG Management Services Inc. v. Philadelphia Gas Works SCOTT DEBROFF ESQUIRE RHOADS & SINON LLP ONE SOUTH MARKET SQUARE TWELTH FLOOR PO BOX 1146 HARRISBURG PA E-Served LAURETO FARINAS ESQUIRE PHILADELPHIA GAS WORKS 4TH FLOOR 800 W MONTGOMERY AVENUE PHILADELPHIA PA E-Served FRANCINE THORNTON BOONE ESQUIRE SBG MANAGEMENT SERVICES INC PO BOX 549 ABINGTON PA E-Served ALICIA R DUKE ESQUIRE RHOADS AND SINON LLP ONE SOUTH MARKET SQ HARRISBURG PA E-Served # rev 03/05

7 COMMONWEALTH OF PENNSYLVANIA BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION In the Matter of: Docket No. C-20I SBG Management Services. Inc. felrae) v. Philadelphia Gas Works Docket No. C-20I SBG Management Services. Inc. v. Philadelphia Gas Works Docket No. C-20I SBG Management Services. Inc. v. Philadelphia Gas Works Docket No. C-20I SBG Management Services. Inc. (v. Philadelphia Gas Works Docket No. C-20I SBG Management Services. Inc. v. Philadelphia Gas Works Docket No. C-20I SBG Management Services. Inc. v. Philadelphia Gas Works Docket No. C Q8462-SBG Management Services. Inc. v. Philadelphia Gas Works Docket No. C Q8465-SBG Management Services. Inc. v. Philadelphia Gas Works Docket No. C SBG Management Services. Inc./Colonial Garden Realty Co.. L.P. v. Philadelphia Gas Works CERTIFICATE OF SERVICE 1 hereby certify that on September 13, 2013,1 have served the foregoing Answer upon Philadelphia Gas Works, by service upon Mr. John Dunn, and upon Philadelphia Gas Works and its counsel, by service on Laureto Farinas, Esq., as also set forth below, in accordance with the requirements of Section 1.54 (relating to service by a party) and 52 Pa. Code Section 5.421: For Respondent, Philadelphia Gas Works and Laureto Farinas, Esq.: Philadelphia Gas Works and Laureto Farinas, Esquire, Laureto Farinas, Esq., Senior Attorney, Philadelphia Gas Works 800 W. Montgomery Avenue, 4* Floor, Philadelphia, PA By: U.S. First Class Mail and Laureto.Farinas@.pgworks.com For John Dunn, III: Mr. John Dunn, III, 5635 Wisteria Avenue, Pennsauken, New Jersey, By: Certified Mail, Return Receipt Requested Date: September 13, 2013 SEP PA PUBLIC UTILiTY COMMISSION SECRETARY'S BUREAU BY: FRANCINE THORNTON BOONE, ESQUIRl P.O. BOX 549 ABIWGTON, PA PlWne: ; Office: ; Fax: Address: Booneft@aol.com Pennsylvania Attorney I.D. No ATTORNEY FOR COMPLAINANTS AND SBG MANAGEMENT SERVICES, INC.

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SBG Management Services, Inc. P.O. Box 549 Abington, PA Phone Fax RECEIVED

April 14,2014 SBG Management Services, Inc. P.O. Box 549 Abington, PA 19001 Phone 215.938.6665 Fax 215.938.7613 Rosemary Chiavetta, Secretary Pennsylvania Public Utility Commission P.O. Box 3265, Harrisburg,