NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Kathy D. Budd v. West Penn Power Company; Doc. No. Z-00323994

[27 Pa.B. 2796]

   A copy of the Initial Decision of Administrative Law Judge Louis G. Cocheres in the above-captioned matter was issued and mailed by certified mail on May 21, 1997. Service was effected by this means on all parties but Kathy D. Budd. Service by publication is hereby effected upon Kathy D. Budd under the provisions of 52 Pa. Code § 1.53(c).

   If you do not agree with any part of this decision, you may send written comments (called Exceptions) to the Commission. Specifically, an original and nine copies of your signed exceptions must be filed with the Secretary of the Commission in Room B-20, North Office Building, North Street and Commonwealth Avenue, Harrisburg, PA or mailed to P. O. Box 3265, Harrisburg, PA 17105-3265, within 20 days of the issuance date of this letter. The signed exceptions will be deemed filed on the date actually received by the Secretary of the Commission or on the date deposited in the mail as shown on U. S. Postal Service Form 3817 certificate of mailing attached to the cover of the original document (52 Pa. Code § 1.11(a) or on the date deposited with an overnight express package delivery service (52 Pa. Code § 1.11(a)(2), (b)). If your exceptions are sent by mail, use the address shown at the top of this letter. A copy of your exceptions must also be served on each party of record. Section 1.56(b) cannot be used to extend the prescribed period for the filing of exceptions/reply exceptions. A certificate of service shall be attached to the filed exceptions.

   If you receive exceptions from other parties, you may submit written replies to those exceptions in the manner described above within 10 days of the date that the exceptions are due.

   Exceptions and reply exceptions shall obey 52 Pa. Code §§ 5.533 and 5.535 particularly the 40-page limit for exceptions and the 25-page limit for replies to exceptions. Exceptions should be labeled clearly as ''EXCEPTIONS of (name of party)--(protestant, complainant, staff, and the like).''

   If no exceptions are received within 20 days, the decision of the Administrative Law Judge may become final without further Commission action. You will receive written notification if this occurs.

BEFORE THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION

Kathy D. Budd	:
	:
v.	:	Docket No. Z-00323994
	:
West Penn Power Company	:

Initial Decision

Before
Louis G. Cocheres
Administrative Law Judge
(Sitting as a Special Agent)

History of the Proceeding and Discussion

   On October 1, 1996, Ms. Budd filed her complaint which alleged an inability to pay her electric bill. On January 29, 1997, the Office of Administrative Law Judge scheduling staff sent a notice of hearing to her address at 630 Cleveland Street, Greensburg, Pennsylvania 15601. The U. S. Postal Service returned the notice and marked it:

RETURN TO SENDER
BUDD
MOVED LEFT NO ADDRESS
UNABLE TO FORWARD
RETURN TO SENDER

   Prior to the return of the notice of hearing, the undersigned sent a prehearing order, dated February 6, 1997, which was returned by the Postal Service with the same message. Thereafter, I requested that the scheduling staff cancel the initial hearing which was set for March 10, 1997 by telephone. By letter notice, dated February 13, 1997, the hearing was cancelled.

   Under these circumstances, I find that Ms. Budd has made it impossible to continue with the proceeding. I have concluded that her complaint must be dismissed with prejudice for lack of prosecution. 52 Pa. Code § 5.245(b).¹

Order

   Now Therefore It Is Ordered:

   That the complaint of Kathy D. Budd versus West Penn Power Company at Docket No. Z-00323994 is hereby dismissed with prejudice.

Dated:  February 27, 1997

LOUIS G. COCHERES,   
Administrative Law Judge

[Pa.B. Doc. No. 97-926. Filed for public inspection June 6, 1997, 9:00 a.m.]

_______

¹ I note that this decision should not be sent to her last known address as the only form of service.

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