BEFORE THE

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Petition of PECO Energy Company for Approval :

of its Default Service Program : P-2012-2283641

(Customer Assistance Program Shopping Plan) :

PREHEARING ORDER #2

On May 1, 2013, PECO Energy Company, Inc. (“PECO”) petitioned the Pennsylvania Public Utility Commission (“Commission”) to approve its Customer Assistance Program Shopping Plan (“CAP Shopping Plan” or the “Plan”).

In its Opinion and Order entered on October 12, 2012, (“October 2012 Order”) in this proceeding, the Commission approved PECO’s Default Service Program for the period June 1, 2013, to May 31, 2015 (“DSP II”). In addition, the Commission directed PECO to develop a Shopping Plan that would allow its Customer Assistance Program (“CAP”) customers to purchase generation supply from electric generation suppliers (“EGSs”) by January 1, 2014. October 2012 Order at 156.

In October 2012, , the Commission was also considering PECO’s proposed Universal Service Three Year Plan for the 2013-2015 period (“Three Year Plan”) at Docket No. M-2012-2290911. On January 3, 2013, the Commission issued a Secretarial Letter (the “Secretarial Letter”) in both the DSP II and Three Year Plan proceedings emphasizing the importance of the Commission entering a Final Order on PECO’s CAP Plan in the Three Year Plan proceeding before a CAP shopping plan was submitted in PECO’s DSP II proceeding. Therefore, the Commission directed PECO to file a CAP shopping plan on or around May 1, 2013, designed to allow CAP customers to shop by April 1, 2014. Subsequently, PECO’s Three Year Plan was approved on April 4, 2013.

In the instant petition, PECO requests that the Commission enter an Order: (1) approving the CAP Shopping Plan; (2) approving the proposed changes to the Company’s Electric Tariff and Electric Generation Supplier Coordination Tariff (the “Supplier Tariff”) to implement the Plan and achieve full and current recovery of Plan costs; (3) granting a waiver of the quarterly reconciliation provisions of the Commission’s regulations (52 Pa. Code

§§ 54.187(i) and (j), to the extent necessary, to implement an annual reconciliation of the over/under collection component of the Generation Supply Adjustment (“GSA”) for residential customers; and (4) approving a short delay in the commencement date of the Plan from April 1, 2014, to April 15, 2014, to accommodate the Company’s information technology (“IT”) programming and integrated software schedule.

When PECO filed its petition, it submitted PECO Statement No. 1-Direct Testimony of Brian D. Crowe; PECO Statement No. 2-Direct Testimony of John J. McCawley; and PECO Statement No. 3-Direct Testimony of Alan B. Cohn;

On May 21, 2013, the Office of Consumer Advocate (“OCA”), through its counsel, filed an Answer to the Petition.

On May 21, 2013, Tenant Union Representative Network (“TURN”) and Action Alliance of Senior Citizens of Greater Philadelphia (collectively “TURN et al.), through its counsel, filed an Answer to the Petition.

On May 21, 2013, the Coalition for Affordable Utility Services and Energy Efficiency in Pennsylvania (“CAUSE PA”), through its counsel, filed an Answer to the Petition.

The following parties indicated that they do not intend to participate in this phase of the proceeding.: Met-Ed, Penelec, Penn Power and West Penn; Noble Americas Energy Solutions LLC; PAIEUG, and UGI Energy Services, Inc. d/b/a UGI EnergyLink. Therefore, they have been removed from the service list for this phase of the proceeding.

A Prehearing Order was sent to parties on May 16, 2013.

The following parties filed prehearing memoranda: PECO; OCA; OSBA; TURN, et al; CAUSE PA; Direct Energy; Interstate Gas Supply; and First Energy Solutions Corp.

A telephonic prehearing conference was held on Tuesday, May 28, 2013, at 10:00 a.m.

On March 19, 2012 Administrative Law Judge (“ALJ”) Dennis J. Buckley, issued a Second Prehearing Order approving, inter alia, modifications to the Commission’s discovery regulations for PECO’s DSP II proceeding. That Order also approved the Protective Order proposed in Appendix A of PECO’s March 12, 2012 Prehearing Memorandum. PECO proposed discovery modifications identical to those approved by ALJ Buckley with a revision approved in PECO’s Three Year Plan proceeding to reduce the period for discovery responses to seven days. During the prehearing conference in this phase of the proceeding, the proposed modifications and the Protective Order were approved.

The following procedural schedule was established:

Petition filing May 1, 2013

Prehearing Conference May 28, 2013

Other Parties’ Direct Testimony Wednesday, June 12, 2013

All Parties’ Rebuttal Testimony Wednesday, June 26, 2013

Surrebuttal Tuesday, July 2, 2013

Hearings for cross-examination Wednesday and Thursday July 10, 11, 2013

Main briefs Friday, July 26, 2013

Reply Briefs Due Friday, August 9, 2013

Record certified to the Commission Wednesday. August 14, 2013

In accordance with the schedule OCA filed the direct testimony of Roger Colton; CAUSE PA filed the direct testimony of Mitchell Miller; and Direct Energy filed the direct testimony of Christopher H. Kallaher.

Any documents filed in this proceeding should be served on me at the Philadelphia office and the active participants. 52 Pa. Code § 154(a) and (d). My contact information is:

Administrative Law Judge Cynthia Williams Fordham

Pennsylvania Public Utility Commission

801 Market Street, Suite 4063

Philadelphia, PA 19107

Telephone: (215) 560-2105

Fax: (215) 560-3133

E-mail: .

ORDER

THEREFORE,

IT IS ORDERED:

1. That the Commission’s regulations concerning discovery are modified as stated below:

a. Answers to written interrogatories are to be served in-hand within seven (7) calendar days of service of the interrogatories.

b. Objections to interrogatories are to be communicated orally within three (3) days of service; unresolved objections are to be served on the ALJ in writing within five (5) days of service of the interrogatories.

c. Motions to dismiss objections and/or direct the answering of interrogatories are to be filed within three calendar (3) days of service of written objections.

d. Answers to motions to dismiss objections and/or directing the answer of interrogatories shall be filed within three (3) calendar days of service of such motions.

e. Responses to request for document production, entry for inspection, or other purposes are to be served, in-hand, within seven (7) calendar days.

f. Requests for admission are deemed admitted unless answered within ten (10) calendar days or objected to within five (5) calendar days of service.

g. When an interrogatory, request for production, request for admission or motion is served after 12:00 p.m. on a Friday or the day before a holiday, the appropriate response period is deemed to start on the next business day.

h. Interrogatories, requests for production and requests for admissions that are objected to but which are not made the subject of a motion to compel will be deemed withdrawn.

i. Pursuant to 52 Pa. Code § 5.341(b), neither discovery requests nor responses thereto are to be served on the Commission or on the ALJ, although a certificate of service may be filed with the Commission’s Secretary.

j. Discovery requests, motions to compel and responses are to be served electronically as well as on paper.

2. That the Protective Order approved by ALJ Buckley on March 19, 2012 is approved for this phase of the proceeding.

3. That the procedural schedule is as follows:

Petition filing May 1, 2013

Prehearing Conference May 28, 2013

Other Parties’ Direct Testimony Wednesday, June 12, 2013

All Parties’ Rebuttal Testimony Wednesday, June 26, 2013

Surrebuttal Tuesday, July 2, 2013

Hearings for cross-examination Wednesday and Thursday July 10, 11, 2013

in Philadelphia

Main briefs Friday, July 26, 2013

Reply Briefs Due Friday, August 9, 2013

Record certified to the Commission Wednesday. August 14, 2013

4. That the parties shall comply with the procedural rules and regulations discussed herein.

Date: June 14, 2013 ______

Cynthia Williams Fordham

Administrative Law Judge

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P-2012-2283641 – PETITION OF PECO ENERGY COMPANY FOR APPROVAL OF ITS DEFAULT SERVICE PROGRAM

SERVICE LIST

Romulo L. Diaz, Jr., Esquire Kenneth M. Kulak, Esquire

Anthony E. Gay, Esquire Brooke E. McGlinn, Esquire

PECO Energy Company Morgan, Lewis & Bockius LLP

2301 Market Street 1701 Market Street

P.O. Box 8699 Philadelphia, PA 19103-2921

Philadelphia, PA 19101

Counsel for PECO

Elizabeth Rose Triscari, Esquire Carrie B. Wright, Esquire

Office of Small Business Advocate Pennsylvania Public Utility Commission

300 North Second Street, Suite 1102 Bureau of Investigation & Enforcement

Harrisburg, PA 17101 Keystone Building

P.O. Box 3265

Harrisburg, PA 17105-3265

Christy M. Appleby, Esquire Daniel Clearfield, Esquire

Candis A. Tunilo, Esquire Deanne M. O’Dell , Esquire

Amy Hirakis, Esquire Edward G. Lanza, Esquire

Office of Consumer Advocate Eckerts, Seamans, Cherin & Mellott, LLC

5th Floor, Forum Place 213 Market Street, 8th Floo

555 Walnut Street Harrisburg, PA 17101-1248

Harrisburg, PA 17101-1923

Counsel for Retail Energy Supply

Association & Direct Energy

Amy M. Klodowski, Esquire Harry S. Geller, Executive Director

FirstEnergy Solutions Corp. Patrick M. Cicero, Esquire

800 Cabin Hill Drive Pennsylvania Utility Law Project

Greensburg, PA 15601 118 Locust Street

Harrisburg, PA 17101

Counsel for First Energy Solutions Corp

Counsel for CAUSE PA

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Brian J. Knipe, Esquire Amy E. Hamilton, Esquire

FirstEnergy Solutions Corp. Noel Trask, Esquire

76 S. Main Street 500 Exelon Business Services Co.

Akron, OH 44308 300 Exelon Way

Counsel for First Energy Solutions Corp Kennett Square, PA 19348

Counsel for ExGen

Divesh Gupta, Esquire Jesse A. Dillon

Constellation Energy PPL Services Corporation

100 Constellation Way Office of General Counsel

Suite 500C Two North Ninth Street

Baltimore, MD 21202 Allentown, PA 18106

Counsel for Constellation New Energy Counsel for PPL Energy Plus, LLC

and Constellation Energy Group

Scott Debroff, Esquire Josie B. H. Pickens, Esquire

Rhoads & Sinon LLP Thu B. Tran, Esquire

One South Market Square, 12th Floor Robert W. Ballenger, Esquire

P.O. Box 1146 Community Legal Services, Inc.

Harrisburg, PA 17108-1146 1424 Chestnut Street

Philadelphia, PA 19102

Counsel for Washington Gas Supply

Counsel for TURN, et al

Services, Inc.

Stephen L. Huntoon, Esquire Todd S. Stewart, Esquire

NextEra Energy, Inc. Hawke, McKeon & Sniscak LLP

801 Pennsylvania Avenue, NW 100 North Tenth Street

Suite 220 P.O. Box 1778

Washington, DC 20001 Harrisburg, PA 17105-1778

Counsel for NextEra Services PA Counsel for Dominion Retail, Inc. &

LLC & NextEra Energy Power Marketing Interstate Gas Supply Inc.

LLC

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Jeffery J. Norton, Esquire Telemac N. Chryssikos

Carl Shultz, Esquire Washington Gas Energy Services, Inc.

Eckert, Seamans, Cherin & Mellott LLC 101 Constitution Avenue, N.W., Room 319

213 Market Street, 8th Floor Washington, DC 20080

Harris burg, PA 17101

Counsel for Washington Gas Energy

Services, Inc.

Counsel for Green Mountain Energy &

ChoosePA Wind.com

Steven Larin Melanie Santiago-Mosier

Acting Executive Director Washington Gas Energy Service, Inc.

Nationalities Service Center 13865 Sunrise Valley Drive, Suite 200

1216 Arch Street, 4th Floor Herndon, VA 20171

Philadelphia, PA 19107

Counsel for Washington Gas Energy

Service Inc.

Will Gonzalez, Executive Director Thomas McCann Mullooly

CEIBA Foley & Lardner LLP

149 W. Susquehanna Avenue 777 East Wisconsin Avenue

Philadelphia, PA 19122 Milwaukee, WI 53202

Counsel for Exelon Generation Co.,

LLC and Exelon Energy Company

Andrew S.Tubbs, Esquire H. Gil Peach, Ph.D.

Post & Schell H. Gil Peach & Associates, LLC

17 North Second Street, 12th Floor 16232 NW Oak Hills Drive

Harrisburg, PA 17101-1601 Beaverton, Oregon 97006

Counsel for PPL EnergyPlus LLC

Veronica Ludt, Legal Center Director Maripat Pileggi, Esquire

109 E. Price Street Community Legal Services, Inc.

Philadelphia, PA 19144 1424 Chestnut Street

Counsel for Face to Face Philadelphia, PA 19102

Counsel for ACHIEVA, et al.

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Laurie Baughman, Esquire Natasha Kelemen, Executive Director

Elizabeth Marx, Esquire Pennsylvania Immigration &

3605 Vartan Way, Suite 101 Citizenship Coalition

Harrisburg, PA 17110 2100 Arch Street, 7th Floor

g Philadelphia, PA 19103

Counsel for Pennsylvania Coalition

Against Domestic Violence (PCADV)

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