Tentative Order [34 Pa.B. 6481] Public Meeting held
November 18, 2004Commissioners Present: Wendell F. Holland, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli
In re: Jirehcom, Inc. (2004.0268); A-310938 Tentative Order By the Commission:
Jirehcom, Inc. (Jirehcom) has failed to pay its $16 general assessment for 2004-2005 pursuant to section 510(c) of the Public Utility Code. 66 Pa.C.S. § 510(c). Jirehcom is a telecommunications interexchange reseller certificated at A-310938 whose certificate of public convenience was issued on June 22, 2000. On August 11, 2004, Commission staff sent an invoice to Jirehcom notifying it that its 2004-2005 annual assessment was due. The Commission has not received payment for this invoice. Commission staff attempted to reach Jirehcom by telephone and discovered that their telephone number is no longer in service. Commission staff has been advised by Jirehcom's former legal counsel that Jirehcom is no longer in business and is in bankruptcy proceedings that will liquidate the company.
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 the above and because of Jirehcom's failure to pay its general assessment for 2004-2005, we believe it is appropriate to revoke Jirehcom's certificate of public convenience without the necessity of a formal complaint, and we tentatively conclude that revocation of Jirehcom's certificate of public convenience pursuant to 66 Pa.C.S. § 1102(a)(2) is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of penalties under section 3301, in lieu of cancellation, if Jirehcom seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Jirehcom's certificate of public convenience 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, and the Office of Trial Staff, 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 within 30 days after publication in the Pennsylvania Bulletin, this Tentative Order shall become final without further action by the Commission.
4. That upon this order becoming final and without further action by the Commission, the certificate of public convenience held by Jirehcom at A-310938 shall be canceled, and Jirehcom's name stricken from all active utility lists maintained by the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 04-2163. Filed for public inspection December 3, 2004, 9:00 a.m.]
