Tentative Order [40 Pa.B. 1477]
[Saturday, March 13, 2010]Public Meeting held
February 25, 2010Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice-Chairperson; Kim Pizzingrilli, Commissioner; Wayne E. Gardner, Commissioner; Robert F. Powelson, Commissioner
Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Barkeyville Gas Co. (2007 Annual Rpt); C-2009-2130642; A-120010 Tentative Order
To Revoke Certificate of Public ConvenienceBy the Commission:
On September 16, 2009, the Law Bureau Prosecutory Staff filed a Formal Complaint against Barkeyville Gas Co., (Respondent) a gas utility certificated at A-120010. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to Respondent that pursuant to 66 Pa.C.S. § 504 its 2007 Annual Report was due. The Complaint alleged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2007 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty of up to $1,000 for each violation and for each day's continuation of such violation for failure to file its 2007 Annual Report.
According to the U.S. Postal Service return receipt, the Complaint was served on September 21, 2009. To date, more than 20 days later, no answer has been filed to the Complaint and the 2007 Annual Report has not been filed. The Respondent similarly failed to file its 2006 Annual Report or to pay the $1,000 civil penalty that was imposed on it by Default Order entered March 18, 2009.
Prosecutory Staff, however, has since learned through its investigative efforts that Respondent has never existed; that it has no customers, and that it has never put distribution pipelines into the ground to serve customers. Under these facts, we tentatively conclude that revoking Respondent's certificate of public convenience rather than issuing another fine under section 3301 for noncompliance is in the public interest.
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—506 and 3301; 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. Revocation of Barkeyville Gas Co.'s certificate of public convenience is hereby tentatively approved as being in the public interest.
3. The Secretary serve a copy of this Tentative Order upon Barkeyville Gas Co., the Office of Consumer Advo-cate, the Office of Small Business Advocate, and theOffice 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.
4. The absence of filing of adverse public comment, 30 days after publication in the Pennsylvania Bulletin, this Tentative Order shall become final without further action by the Commission.
5. Upon this Order becoming final and without further action by the Commission, the certificate of public convenience held by Barkeyville Gas Co. at A-120010 shall be cancelled, and the company's name stricken from all active utility lists maintained by the Tariff and Annual Report Sections of the Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.
JAMES J. McNULTY,
Secretary[Pa.B. Doc. No. 10-488. Filed for public inspection March 12, 2010, 9:00 a.m.]
