STATE OF NEW JERSEY Board of Public Utilities Two Gateway Center Newark, NJ

Transcription

1 Agenda Date: 2/11/10 Agenda Item: VIIC STATE OF NEW JERSEY Board of Public Utilities Two Gateway Center Newark, NJ CUSTOMER ASSISTANCE HOLY ROSARY DAY CARE INC., D/B/A RISING SUN ACADEMY Petitioner, v. PUBLIC SERVICE ELECTRIC AND GAS COMPANY Respondent ORDER ADOPTING INITIAL DECISION SETTLEMENT BPU DOCKET NO. ECO U OAL DOCKET NO. PUC Rosemary Nwosu, Executive Director, Newark, New Jersey, on behalf of the Petitioner Sheree L. Kelly, Esq., PSEG Services Corporation, Newark, New Jersey, on behalf of the Respondent BY THE BOARD: On October 28,2008, Holy Rosary Day Care Inc., d/b/a Rising Sun Academy ("Petitioner") filed a petition with the Board of Public Utilities ("Board") requesting a formal hearing related to a billing dispute with Public Service Electric and Gas Company ("Respondent" or "PSE&G") regarding a bill for utility service provided by Respondent. After the filing of Respondent's answer, the Board transmitted this matter to the Office of Administrative Law ("OAL") for hearing and initial disposition as a contested case pursuant to N.J.S.A. 52:14B-1 m ~ and N.J.S.A. 52:14F-1 m ~ This matter was assigned to Administrative Law Judge ("ALJ") Irene Jones While this matter was pending at the GAL, the parties engaged in negotiations and entered into and signed a Stipulation of Settlement ("Settlement") that was submitted to the ALJ. By Initial Decision issued on January 6, 2010, and submitted to the Board on January 8, 2010, to which the Settlement was attached and made part thereof, ALJ Jones found that the Settlement was

2 voluntary, that its terms fully disposed of all issues in controversy and that it satisfied the requirements of N.J.A.C. 1: Pursuant to the terms of the Settlement, Petitioner has agreed to pay $2, over a period of twenty-five (25) months at $ per month plus current bills starting on January 15, Petitioner has also agreed that on a going forward basis, it will pay its PSE&G bills for electric and gas service in a timely manner.. After review of the Initial Decision and the Settlement of the parties, the Board HEREBY FINDS that, by the terms of the Stipulation of Settlement the parties have resolved all outstanding contested issues in this matter. Accordingly, the Board HEREBY ADOPTS the Initial Decision and the Stipulation of Settlement executed by the parties in their entirety as if fully set forth herein. DATED: BOARD OF PUBLIC UTILITIES BY: NICHOLAS ASSEL TA COMrll1lSSIONER ATTEST: -!C4Jvr~~, / ACTI CARMEN NG SECRETARY D~ 2 BPU Docket No. ECO U GAL Docket No. PUC

3 HOLY ROSARY DAY CARE INC., D/B/A RISING SUN ACADEMY v. PUBLIC SERVICE ELECTRIC AND GAS C:OMPANY BPU DOCKET NO. GCO U OAL DOCKET NO. PUCO SERVICE LIST Rosemary Nwosu, Executive Director Holy Rosary Day Care Inc., d/b/a Rising Sun Academy 535 Martin Luther King Boulevard Newark, New Jersey Sheree L. Kelly, Esq. PSEG Services Corporation 80 Park Plaza -T5G Newark, New Jersey Eric Hartsfield, Director Julie Ford-Williams Division of Customer Assistance Board of Public Utilities Two Gateway Center Newark, New Jersey Jessica Campbell, DAG Division of Law 124 Halsey Street P.O. Box Newark, New Jersey BPU Docket No. EG U OAL Docket No. PUG

4 .!.) ; CU JQ!i'~R AS?!iI~~~E- \ llilijal DECISIQ,H HOLY ROSARY DAY CARE INC., D/B/A RISING SUN ACADEMY SETTLEMENT OAl DKT. NO. PUC AGENCY DKT. NO. EC U Petitioner, v. PUBLIC SERVICE ELECTRIC AND GAS :~~ " COMPANY ;;~;.-.,...,-., Respondent. ~ ;:.'... ::" ~.- z<-; Rosemary Nwosu, petitioner, pro s~ ~ '- '.:::. -" 1'-.',:'" 1:-;3 c_. =.,.. I c:> ~ -:. t.) a., '. ;;:--.::, Sharee L. Kelly, Esq., for respondent Public Service Electric and Gas :/) Company (Board of Public Utilities, Law Department) On January 22, 2009, this matter was transmitted to the Office of Administrative Law (OAL) for hearing as a contested case pursuant to ~J.SA N.J.S.A. 52:14F1 to :148-1 to -15 and

5 ~r"'" ur'll.i~v. t"'uli 1 "J81-09 A hearing date was scheduled for May 1, 2009 but adjourned to allow respondent time to cc)nduct further discovery. The hearing was rescheduled to July 2, 2009, and.. continued to November 13, 2009 when parties agreed to settle the matter. The Stipulation of Settlement and Dismissal with Prejudice indicating the terms of settlement was signed by the parljes and is attached hereto. After reviewing the record and the settlement, I FIND: 1. The parties have voluntarily agreed to the settlement as evidenced by the signatures or the signatures of the representatives. 2. The settlement fully disposes of all issues in controversy and is consistent with the law and is in the public interest. TherE3fore, I CONCLUDE that this agreement meets the requirements of N.J.A.C. 1:1-19.1(d) and should be approved. It is further ORDERED that the parties comply with the settlement terms and the proceedings be CONCLUDED....'.. consideration. I hereby FilE my initial decision with the BOARD OF PUBLIC UTilITIES for

6 -'.--"...'tv. r"u\,.; This recommended decision may be adopted, modified or r~jected by the BOARD OF PUBLIC UTILITIES, which by law is authorized to make a final decision in this matter. If the Board of Public Utilities does not adopt, modify or reject this decision within fo~-five (45) days and unless such time limit is otherwise extended, this recommended decision shall become a final decision in accordance with N.J.S.A. 52: r..l Janua[Y DATE LJ ~~, Io! 2-0/ ej ; Mailed to Parties: January DATE OFFICE OF ADMINISTRATIVE LAW sej

7 , FROM PSEG LAW (WEQ) 12.23' 09 15:02/ST. 15:00;NO P 2 Shcrcc 1. ~ Assistam R~1IQy ~ Law DcparlDat 80 Park PIIJ:a, r.1g. Newark, NJ 07] tel; ,,6468 fax: $983 emaii: ~~.krlly@psea.coid 0 PSE<..\'tn/irfs (.'oi~i"flij,)" ~~mbt:r Honorable Thomas E. Clancy Office of AdmiDistrative Law 33 Washington Street Newark, NJ Re: Holy Rosary Day Care, Inc. do Rosemary ~wosu d/b/a Rising Sun J~cademy v. PSE&G.. BPU Dockct No.: ECO U OAL Docket No.: PUC N Stipulation of Settlement Dear JudiC Clancy: Enc]osed please find a.<;igned Stipulation of Settlement with rcfcrcncc to the above-captioned matter. SLK/jb Enclosure Respectfully submitted, 1 ij'.~:tllj li --~.' t;jft Sheree L. Kelly I I cc: Rosemary Nwosu (w/enc.) Edward B. Sullivan (w/enc:.)

8 2. " v J~"J \11r.I.IJ IL. Lj U~ l~:ul/~l. 1,:OO/NO P 3 STAn: O}," NEW J ~E\' 0 m CE O:F ADMOOS TRA 11VE l.a W ) Rot)" Ro.-l1 0., Cart, IDa. clo 'R.oMJAary Nw0S8 ) d/b/. Rismg Sa A~dt.l4Y.)' '~doller ) ~. ) ) Publk Su;flce 'lj1dj'tc.., Gsa CO~PU1. ) RdpoDd.. ) -) bal. Dockd No. PVC O1381~'N BPUD11ck~ No. ~1009!'V Sm'UU'l'ION 0' SETTLF.M'ENT., Thb matter ba'1da b-c brou~ ~ 'tbc ~ of Admicl$t!auve Law by tbc Pedtioner. H()ly P.,osmy Day car. d/b/j. :Rising S'1m Ac:a~. ("Pctiuonerj, ~ ~dai! j>ub!i~ SCr"f'icc E1tODic and Gas Company ("'PSE.!:G" or~ ~~j tot u111i1)' ~ice tendcrcd by PSE&G to ~ prwnisec '3' ~ ~ Kina Do~\'J:td. NPJart, NJ (Ihe "Pr~,pcrtyj ~ ~. M~ ~'-in& AJfecd 10 --thl, ~. ~~)' ~ f(\rtn me 1enn$ - co n,diuons of tb=r senjembnl ~ent" rono~ 1. p~~ ~ to PlY S2,SOO:OO ova ~.tivc (25) monw Z1 S1.oo.00/mO1))J\ plut ~~ bilb o<'tatddj 00. J~ IS. 201JJ: ~ aca>~1 no Gainl ~ tmod*r ~ ~ P"11hC PSUC!,bill tor electric and ;a$'wvi~ m. UmrJ y DmJ1C.. PttitiOD;ef: RoIyR.o!ar:y Day Car. ~. ~ Su~,.., ~"pondeodt. PSUG B;~~ " R.oSCInlr1~ ~V"."."",".MaDagCl" Cu.siomCf Op.doas Date: '~-2..3-o-,. W\~~"'~~et-

9 :;. Roben J. Giordano, AU & Manager of Organizational Development State of New Jersey OFFICE OF ADMINISTRATIVE 33 Washington Street Newark, New Jersey (973) ( ) LAW " "; -:> -.,. -:;:) --~ --4 a...1", NORTH Date J~N 'l 1010 " c.' "'~ -'_.'. {O", ::--.i,~~] Re: Initial Decisions for Receipt Weare hereby forwarding to you the following decisions from the office of Administrative Law. Receipt is acknowledged as of the next business day of the date indicated below. Should a listed decision not be included in this batch, please call GAL Docket No. PUC. Case Name 1]~I-OqCI!~~/~:r~";JI1;1"RO~v -0.' Ho 0 C ({...j..r:{ " s / t\jj.c;' UNt:}C)07 rje~ I Uoard of Public Utilities Two Gateway Center Date: I -1) J ~ NEil' JERSEY IS AN EQV.~L OPPORTU,\'ITY E.1.1PLOYER