1990 Electric generation supplier license cancellations of companies with an expired financial security

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Electric Generation Supplier License Cancellations of Companies with an Expired Financial Security

[45 Pa.B. 6561]
[Saturday, November 7, 2015]

Public Meeting held
October 22, 2015

Commissioners Present: Gladys M. Brown, Chairperson; John F. Coleman, Jr., Vice Chairperson; Pamela A. Witmer; Robert F. Powelson; Andrew G. Place

Electric Generation Supplier License Cancellations of Companies with an Expired Financial Security; M-2015-2490383

Tentative Order

By the Commission:

 The Commission's regulations at 52 Pa. Code § 54.40(a) state that an Electric Generation Supplier (EGS) license will not be issued or remain in force until the licensee furnishes a bond or other security approved by the Commission. In addition, 52 Pa. Code § 54.40(d) states that the maintenance of an EGS license is contingent on the licensee providing proof to the Commission that a bond or other approved security in the amount directed by the Commission has been obtained.

 Failure to file the requested documentation may cause Commission staff to initiate a formal proceeding that may lead to the following: cancellation of each company's electric supplier license, removal of each company's information from the Commission's website and notification to all electric distribution companies, in which each company is licensed to do business, of the cancellation of the license.

 As of October 9, 2015, each EGS listed in the Supplier Table below has not submitted the required bond or other approved security to the Commission.

 Supplier Table—List of electric generation suppliers that have not submitted the required security

A-2012-2320287	Black Diamond Energy Consultants, Inc.
A-2010-2217557	Branded Retail Energy Co LLC
A-2010-2176721	Early Bird Power LLC
A-2010-2211398	The Galt Company
A-2012-2322715	Global Energy Concepts LLC
A-2012-2304910	HP Technologies, Inc.
A-2010-2182907	Kenneth E Ryan
A-2010-2206145	LD Energy LLC
A-2013-2380065	Mark Group, Inc.
A-2011-2250633	Sperian Energy Corporation
A-2010-2210589	Suncom, Inc.
A-2013-2380072	Transparent Electric, Inc.
A-2011-2242007	Utilities Analyses, Inc.

 As part of its EGS license validation procedures, the Commission's Bureau of Technical Utility Services (TUS) sent a 60-day Security Renewal Notice Letter to each entity in the Supplier Table above stating that original documentation of a bond, or other approved security, must be filed within 60 days prior to each entity's security expiration date. Subsequently, after the expiration date of each entity's approved financial security, TUS sent a Certified Security Renewal Warning Letter which sought security renewal documentation within 10 days. None of the companies listed in the Supplier Table provided the required documentation.

 Based on the above facts, we tentatively conclude that the EGSs listed in the Supplier Table are not in compliance with 52 Pa. Code § 54.40(a) and (d) and therefore it is appropriate to cancel the EGS license of each company listed in the Supplier Table, without the necessity of a formal complaint, as being in the public interest; Therefore,

 It Is Ordered That:

 1. Cancellation of the Electric Generation Supplier Licenses of each company listed in the Supplier Table is hereby tentatively approved as being in the public interest.

 2. The Secretary serve a copy of this Tentative Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Bureau of Investigation & Enforcement, Department of Revenue—Bureau of Corporation Taxes, all electric distribution companies, all of the Electric Generation Suppliers in the Supplier Table and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.

 3. Absent the filing of adverse public comment or the filing of approved security within 30 days after publication in the Pennsylvania Bulletin, the Bureau of Technical Utility Services shall prepare a Final Order for entry by the Secretary and shall advise the affected Bureaus within the Commission in writing that the Electric Generation Supplier Licenses held by each company listed in the Supplier Table, are cancelled and the cases may be closed.

 4. Upon entry of the Final Order described in ordering Paragraph No. 3 above, each company listed in the Supplier Table will be stricken from all active utility lists maintained by the Commission's Bureau of Technical Utility Services and the Assessment Section of the Bureau of Administration, removed from the Commission's website, and notifications be sent to all electric distribution companies in which the Electric Generation Suppliers are licensed to do business.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 15-1990. Filed for public inspection November 6, 2015, 9:00 a.m.]