Rescission Order [35 Pa.B. 4896] Public Meeting held
August 11, 2005Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick
Pennsylvania Public Utility Commission, Law Bureau Prosecutory Staff v. Ken-Man Water Company (2004.0267); Doc. No. C-20044093; A-211430 Rescission Order By the Commission:
On December 23, 2004, Law Bureau Prosecutory Staff filed a Formal Complaint against Ken-Man Water Company (Respondent), a water utility certificated at A-211430, for failure to file its 2003 Annual Report. Subsequently, at the July 14, 2005 Public Meeting, the Commission adopted a Default Order that sustained the complaint and imposed a $1,000 fine. Notice of the Default Order was published July 30, 2005 at 35 Pa.B. 4275 with a 20-day comment period.
The July 14, 2005 Default Order incorrectly stated that it was issued as a result of Respondent's failure to file its 2003 Annual Report. A review of Commission records reveal that Respondent actually filed its 2003 Annual Report on February 7, 2005, but failed to pay the $250 late-filing fee. The Default Order was issued as a result of non-payment of the late-filing fee.
On August 1, 2005, Respondent paid the $250 late-filing fee. Respondent stated that the failure to pay the late-filing penalty was an oversight. A review of Commission records reveal that no other Complaints have been issued against Respondent within the last four years.
Because Respondent has now paid the late-filing fee during the 20-day comment period stated in the Pa. Bulletin, we find it appropriate to rescind the Default Order. 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 Ken-Man Water Company 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 such other remedy as the Commission may deem appropriate; Therefore,
It Is Ordered That:
1. The Default Order entered July 19, 2005 against Ken-Man Water Company at this docket is hereby rescinded.
2. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-1621. Filed for public inspection August 26, 2005, 9:00 a.m.]
