PENNSYLVANIA PUBLIC UTILITY COMMISSION
[31 Pa.B. 4142]
Public Meeting held
July 13, 2001
Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice-Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. American Energy Solutions, Inc.; Doc. No. C-00015090; A-110043
By the Commission:
On March 19, 2001, the Law Bureau Prosecutory Staff instituted a complaint against American Energy Solutions, Inc. (the Respondent), an electric generation supplier (EGS) licensed at A-110043. In the complaint, Prosecutory Staff alleged that Commission staff had notified Respondent by letter dated August 29, 2000 that its Letter of Credit was due to expire on October 1, 2000, and that Respondent had 30 days to provide proof that it had obtained a bond or other approved security in order for its EGS license to remain in force.
The complaint also alleged that Respondent failed to respond to the Commission correspondence as well as follow-up telephone calls, and that on October 1, 2000, Respondent's Letter of Credit expired.
Pursuant to Section 2809(c)(1)(i) of the Code, 66 Pa.C.S. § 2809(c)(1)(i), no energy supplier license shall be issued or remain in force unless the supplier furnishes a bond or other security approved by the Commission in form and amount to ensure financial responsibility of the EGS.
The complaint charged that Respondent violated 66 Pa.C.S. § 2809(c)(1)(i), and the Commission regulation at 52 Pa. Code § 54.40 (relating to EGS bonds or other security) by failing to renew its Letter of Credit, and requested as a remedy that the Commission issue an order canceling the Respondent's EGS license and imposing a civil penalty of $1,000.
According to the postal return receipt, the complaint was not served because the Respondent is unknown. To date, more than 20 days after the attempted service of the complaint, no answer has been filed to the complaint and a renewed Letter of Credit has not been filed; Therefore,
It is Ordered:
1. That the allegations in the Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is hereby sustained.
2. That the EGS license held by American Energy Solutions, Inc., at Docket No. A-110043, is hereby cancelled.
3. That a civil penalty of $1,000 is hereby imposed against American Energy Solutions, Inc., payable to the Pennsylvania Public Utility Commission at P. O. Box 3265, Harrisburg, PA 17105-3265, and due within 20 days of the entry date of this Order.
4. That the Secretary strike the name of American Energy Solutions, 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. That if the civil penalty is not paid within the time given, pursuant to Ordering Paragraph No. 3, the Office of Executive Director is hereby directed to refer the $1,000 civil penalty to the Office of Attorney General for collection and action as appropriate.
6. That notice of this Default Order shall be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
[Pa.B. Doc. No. 01-1405. Filed for public inspection July 27, 2001, 9:00 a.m.]
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