Rescission Order [34 Pa.B. 3343] Public Meeting held
June 10, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. U. S. Long Distance, Inc. (2003.0264); Doc. No. C-20031976; A-310093 Rescission Order By the Commission:
On October 17, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against U. S. Long Distance, Inc. (USLD or Respondent), an IXC reseller certificated at A-310093, for failure to file its 2002 Annual Report. Subsequently, on April 8, 2004, 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 April 24, 2004, at 34 Pa.B. 2267 with a 20-day comment period.
On May 14, 2004, within the specified comment period, Respondent filed an Answer and New Matter to the Complaint, nunc pro tunc, Adverse Comments to the Default Order and its delinquent 2002 Annual Report. USLD's Answer requested that the Complaint be dismissed as satisfied and alleged that its 2002 Annual Report was in fact filed on May 1, 2003. USLD's Adverse Comments requested that the Default Order be rescinded and its certificate be reinstated for the same reason.
In both its Answer and Adverse Comments to the Default Order, Respondent stated the following. Respondent alleged that it filed its 2002 Annual Report on May 1, 2003. Although Respondent attached a copy of that report to its Answer, a review of Commission records does not confirm receipt of that report in May 2003. Secondly, Respondent stated that it is without knowledge that it was notified by first class and certified mail that the Commission had not received its 2002 Annual Report. Respondent states that the service address for USLD referenced in the Complaint was an incorrect address. USLD states that by certified letter with a return receipt dated January 28, 2004, USLD clarified its proper service address. A review of Commission records also does not confirm receipt of this letter. In an effort to support its allegations, on May 28, 2004, USLD faxed to Commission staff a copy of a return receipt dated January 28, 2004, signed by a Commission employee and a copy of a letter dated January 16, 2004, addressed to the Commission listing its new address for all Commission correspondence. Respondent explains that because Commission correspondence went to the wrong address, it was never received. Since Respondent was never served with the Complaint, it requests that its Answer be accepted nunc pro tunc.
It appears that the certified letter, the Complaint and the Default Order were all sent to an incorrect address. It is also important to note here that prior to USLD sending notification of its address change to the Commission, notices concerning the 2002 Annual Report were sent and the Complaint had been filed.
Based upon the fact that Respondent filed Adverse Comments and its delinquent Annual Report within the 20-day comment period, we will grant Respondent's request for rescission of the Default Order. We will not require USLD to pay the $250 late-filing fee because of the confusion surrounding notification of its address change. We do not believe that any public benefit will inure to imposing a monetary penalty in this case. 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 USLD 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 another remedy as the Commission may deem appropriate.
In this Order, we also advise USLD of the requirement to notify the Commission of any change of address immediately to help the Commission maintain accurate records; Therefore,
It Is Ordered That:
1. The Default Order entered April 8, 2004, at this docket is hereby rescinded.
2. A copy of this order be published in the Pennsylvania Bulletin.
3. The Secretary's Bureau change its records to reflect that the correct mailing address for USLD is 1801 California Street, 47th Floor, Denver, CO 80205.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 04-1172. Filed for public inspection June 25, 2004, 9:00 a.m.]
