PENNSYLVANIA PUBLIC UTILITY COMMISSION Rescission Order [36 Pa.B. 7933]
[Saturday, December 23, 2006]Public Meeting held
November 30, 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. Access One, Inc. (2001.0352); Doc. No. C-20027755, A-310786 Rescission Order By the Commission:
On May 23, 2002, Law Bureau Prosecutory Staff filed a formal complaint against Access One, Inc. (the Respondent), an IXC reseller certificated at A-310786, for failure to file its 2000 Annual Report. Subsequently, on October 29, 2002, the Commission entered a default order that sustained the complaint and cancelled Respondent's certificate of public convenience. The notice of the default order was published on November 9, 2002, at 32 Pa.B. 5596.
While Respondent did not file a formal request to rescind the default order, it did file its outstanding 2000 Annual Report on November 26, 2002. We note that this filing was made within the 20 day comment period given in the default order. We also note that Respondent is current in the filing of its annual reports. Moreover, Commission records show that Respondent is current in the payment of its assessments.
In response to Respondent filing its 2000 Annual Report, a rescission order had been prepared for the December 19, 2002 Public Meeting. However, due to administrative oversight, that rescission order was not presented at that December 2002 public meeting. A recent review of Commission records revealed that the October 29, 2002 Default Order was never rescinded. That review, prompted the issuance of the instant order. In an effort to rectify this problem and to update Commission records, we will rescind the default order and reinstate Access One, Inc's certificate of public convenience.
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 Access One, 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 such other remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504.505, 506 and 3301;
Therefore,
It Is Ordered That:
1. The Default Order entered October 29, 2002 at this docket is hereby rescinded.
2. The certificate of public convenience held by Access One, Inc. at Docket No. A-310786 is hereby reinstated.
3. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 06-2536. Filed for public inspection December 22, 2006, 9:00 a.m.]
