Tentative Order [33 Pa.B. 3706] Public Meeting held
July 10, 2003Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Glen R. Thomas; Kim Pizzingrilli
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. United Gas Management, Inc. d/b/a a/k/a Titan Energy, Inc., Anthony C. Lewis and Ryan Arce (2001.0305); Doc. No. C-20039986; A-125012
Tentative Order
By the Commission:
On May 2, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against United Gas Management, Inc. d/b/a a/k/a Titan Energy, Inc. (Respondent), a natural gas supplier (NGS) licensed at A-125012. The Complaint also named Anthony C. Lewis and Ryan Arce, corporate officers of NGS, as party Respondents. In the Complaint, Prosecutory Staff alleged that Commission staff had contacted Mr. Arce by telephone on November 15, 2001, and Mr. Arce had represented that Respondents would be filing a petition to abandon service in this Commonwealth. This was Staff's last communication with Respondents.
The Complaint requested that the Commission issue an order imposing a $1,000 fine and canceling the Respondent's NGS license for attempting to transfer its NGS license at A-125012 from United Gas Management, Inc. to Titan Energy, Inc. (a fictitious name) without Commission approval in violation of 66 Pa.C.S. § 2208(d) (relating to transferability of licenses). The Complaint also requested an additional $1,000 fine and cancellation of Respondent's NGS license for failure to inform the Commission of a material change in the organizational structure or operation that affects the licensee's operation in this Commonwealth within 30 days of the date of the change in violation of 52 Pa. Code § 62.105(b).
The Complaint gave Respondents notice that an answer was due 20 days from the date of service of the Complaint. More than 30 days elapsed since the Complaint was mailed and no answer has been received. The date of mailing on the Complaint was May 2, 2003. Attempts to contact the Respondents by telephone were fruitless. United Gas Management is a Canadian Corporation, and we believe the Respondents are no longer operating in this Commonwealth; for these reasons, we will issue a Tentative Order canceling the NGS license held by Respondents instead of any monetary fines. We will publish the Tentative Order in the Pennsylvania Bulletin. If no objection is raised within 30 days of publication, then the Tentative Order will become final by operation of law.
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 another 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 instead of cancellation, if a party seeks relief from this Tentative 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 NGS license held by United Gas Management, Inc. d/b/a a/k/a Titan Energy, Inc. at A-125012 is hereby cancelled.
3. Notice of this Tentative Order shall be published in the Pennsylvania Bulletin. In the event no objections, exceptions or comments are filed to this Tentative Order within 30 calendar days of publication, the Tentative Order shall become a final order by operation of law without further action by this Commission.
4. Upon this Tentative Order becoming final, the Secretary's Bureau shall strike the name of United Gas Management, Inc. d/b/a a/k/a Titan Energy, Inc. 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.
5. The Secretary serves a copy of this Tentative Order upon all jurisdictional natural gas distribution companies as well as upon the Department of Revenue.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 03-1482. Filed for public inspection July 25, 2003, 9:00 a.m.]
