Rescission Order [33 Pa.B. 5676] Public Meeting held
October 30, 2003Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Tricom, USA, Inc. (2001.0352); Doc. No. C-20039270; A-311118
Rescission Order By the Commission:
On January 17, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against Tricom USA, Inc. (Respondent), a reseller of toll services, certificated at A-311118, for failure to file its 2001 Annual Report. Subsequently, on August 26, 2003, the Commission entered a Default Order that sustained the complaint and cancelled Respondent's certificate of public convenience. Notice of the Default Order was published at 33 Pa. B. 4533 (September 6, 2003).
Subsequent to the issuance of the Default Order, on September 22, 2003, Respondent filed a Letter-Petition for Rescission of the Default Order seeking reinstatement of its certificate. Respondent attached to its petition its 2001 and 2002 Annual Reports and paid the $250 late filing fee.
In its petition, Respondent states that it attempted to respond to the Complaint by preparing its 2001 Annual Report in February 2003. However, due to reorganizational and management changes, the report was not filed. Respondent notes that its intention is to comply with Commission regulations. Respondent seeks rescission of the cancellation of its certificate based upon the fact that its mistake was unintentional.
Based upon the foregoing, including the fact that Respondent filed its petition 16 days after the Default Order was published in the Pennsylvania Bulletin, thus responding within the 20-day time period specified in the publication, we will grant Respondent's request for rescission of the Default Order. However, we caution Respondent that all future Annual Reports must be timely filed and all Commission correspondence must be answered in a timely manner. The Commission hereby puts Tricom USA, Inc. and the rest of the industry on notice that we will not hesitate to invoke our authority under the Public Utility Code to ensure timely compliance with our regulations and orders including the ordering of another remedy as the Commission may deem appropriate; Therefore,
It Is Ordered That:
1. The Default Order entered August 26, 2003, at this docket is hereby rescinded.
2. The certificate of public convenience held by Tricom USA, Inc. at Docket No. A-311118 is hereby reinstated.
3. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 03-2211. Filed for public inspection November 14, 2003, 9:00 a.m.]
