PENNSYLVANIA PUBLIC UTILITY COMMISSION Cancellation Order [35 Pa.B. 1400] Public Meeting held
February 3, 2005Commissioners Present: Wendell F. Holland, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli
Pennsylvania Public Utility Commission
Law Bureau Prosecutory Staff v. Dominican
Corporation (2004.0267.00); Doc. No. C-20044059; A-310277Cancellation Order By the Commission:
On December 6, 2004, Law Bureau Prosecutory Staff filed a Formal Complaint against Dominican Corporation (Respondent), an IXC reseller certificated at A-310277. In the Complaint, Prosecutory Staff alleged that Commission staff had notified Respondent by both first class and certified mail, return receipt requested, that Respondent had failed to file its 2003 Annual Report. The Complaint requested that the Commission issue an order canceling the Respondent's certificate for failure to file its 2003 Annual Report in violation of 66 Pa.C.S. § 504.
Service of the Complaint was perfected on December, 16, 2004. Respondent filed an answer on December 27, 2004, stating that it ceased doing business in Pennsylvania in 1997. Respondent attached to its answer a copy of its notification to the Pa. Dept. of Revenue that it had ceased doing business and sold all of its assets in 1997. In its answer Respondent stated that it thought the Dept. of Revenue would relay the information regarding the cessation of its business to the Commission. A review of Commission records show that no application requesting Commission approval to abandon has been filed.
Based upon the foregoing, and upon our determination that Respondent does not have any outstanding assessments or fines, it is appropriate to cancel the certificate of public convenience of Dominican Corporation. We also note that because Respondent was never given any NXX codes, there are no numbering compliance issues. 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. Furthermore, the Commission may take other appropriate action, including the imposition of penalties under Section 3301, in lieu of cancellation, if Respondent seeks relief from this Order; Therefore,
It Is Ordered That:
1. The allegations in Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is hereby sustained.
2. The certificate of public convenience held by Dominican Corporation at A-310277 is hereby cancelled.
3. The Secretary strike the name of Dominican Corporation from all active-utility lists maintained by the Annual Report Section of the Secretary's Bureau and the Assessment Section of the Bureau of Administrative Services.
4. Notice of this Cancellation Order shall be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-342. Filed for public inspection February 18, 2005, 9:00 a.m.]
