Tentative Order [33 Pa.B. 1564] Public Meeting held
March 6, 2003Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli
Enron Energy Services, Inc. (2002.0421); A-110059
Tentative Order By the Commission:
Enron Energy Services, Inc. (Enron) has failed to pay its $8,738 general assessment for 2002-2003 under section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). Enron is an electric generation supplier licensed at A-110059. Commission staff has been advised by Enron's former legal counsel that the company filed a Chapter 11 bankruptcy petition in 2002, is in the process of liquidating the company, and is no longer in business. This information was further confirmed when Commission staff spoke with Enron's Estate Business Center set up by the trustee administering Enron's bankruptcy proceeding.
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 other remedy as the Commission may deem appropriate. See 66 Pa.C.S. §§ 504, 505, 506 and 3301. Based on the previous information and because of Enron's failure to pay its general assessment for 2002-2003, we believe it is appropriate to revoke Enron's electric generation supplier license without the necessity of a formal complaint, and we tentatively conclude that revocation of Enron's license under 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 66 Pa.C.S. § 3301, in lieu of cancellation, if Enron seeks relief from this Tentative Order; Therefore,
It Is Ordered That:
1. Revocation of Enron Energy Services, Inc. electric generation supplier license 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. Upon this order becoming final and without further action by the Commission, the electric generation supplier license held by Enron Energy Services, Inc. at A-110059 shall be canceled, and Enron Energy Service'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 Audits.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 03-557. Filed for public inspection March 21, 2003, 9:00 a.m.]
