Default Orders [36 Pa.B. 7387]
[Saturday, December 2, 2006]Public Meeting held
November 9, 2006Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Kim Pizzingrilli; Terrance J. Fitzpatrick
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Hopkins & Reedy Water Co. (2006.0116.00); C-20066152, A-211425
Default Order By the Commission:
On April 6, 2006, the Law Bureau Prosecutory Staff filed a Formal Complaint against Hopkins & Reedy Water Co. (the Respondent), a water utility certificated at A-211425. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2004 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2004 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2004 Annual Report.
According to the U.S. Postal Service return receipt, the Complaint was not served because it was not deliverable as addressed. To date, more than 20 days later, no answer has been filed to the Complaint and the 2004 Annual Report has not been filed.
The Commission puts 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 such other remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506, and 3301. Based on Respondent's failure to file an answer to the Complaint or file its 2004 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,
It Is Ordered That:
1. The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.
2. Hopkins & Reedy Water Co. is hereby directed to file its 2004 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.
3. The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.
JAMES J. MCNULTY,
SecretaryDefault Order Public Meeting held
November 9, 2006Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Kim Pizzingrilli; Terrance J. Fitzpatrick
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Ligonier Mountain Land Co. (2006.0116.00); C-20066146, A-230088
Default Order By the Commission:
On April 6, 2006, the Law Bureau Prosecutory Staff filed a Formal Complaint against Ligonier Mountain Land Co. (the Respondent), a wastewater utility certificated at A-230088. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2004 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2004 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2004 Annual Report.
According to the U.S. Postal Service return receipt, the Complaint was unclaimed. To date, more than 20 days later, no answer has been filed to the Complaint and the 2004 Annual Report has not been filed.
The Commission puts 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 such other remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506, and 3301. Based on Respondent's failure to file an answer to the Complaint or file its 2004 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,
It Is Ordered That:
1. The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.
2. Ligonier Mountain Land Co. is hereby directed to file its 2004 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.
3. The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 06-2389. Filed for public inspection December 1, 2006, 9:00 a.m.]
