NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Default Order
[31 Pa.B. 3657] Public Meeting held
June 21, 2001Commissioners Present: John M. Quain, Chairperson; Robert K. Bloom, Vice-Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Full Power Corporation, d/b/a All Power Corporation (2001.0029); Doc. No. C-00015084; A-110125
Default Order By the Commission:
On March 19, 2001, the Law Bureau Prosecutory Staff (Prosecutory Staff) instituted a complaint against Full Power Corporation, d/b/a All Power Corporation (Respondent), an electric generation supplier (EGS) licensed at A-110125. In the complaint, Prosecutory Staff alleged that Commission staff had notified Respondent by letter dated December 18, 2000, that its surety bond was due to expire in February 2001, 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 Prosecutory Staff complaint further alleged that the December 18, 2000, letter was returned undeliverable.
The complaint also alleged that Commission staff attempted to contact Respondent by using the telephone numbers and contacts that were listed in its application, but that all of the numbers had been disconnected.
Under section 2809(c)(1)(i) of the Public Utilities 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), (relating to EGS bonds or other security) and the Commission regulation at 52 Pa. Code § 54.40 (relating to bonds and other security) by failing to renew its surety bond, 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 unclaimed. To date, more than 20 days after the attempted service of the complaint, no answer has been filed to the complaint and the surety bond has not been renewed; Therefore,
It is Ordered that:
1. The allegations in the Prosecutory Staff's complaint are deemed admitted and the complaint is hereby sustained.
2. The EGS license held by Full Power Corporation, d/b/a All Power Corporation, at A-110125, is hereby cancelled.
3. A civil penalty of $1,000 is hereby imposed against Full Power Corporation, d/b/a All Power Corporation, payable to the Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, and due within 20 days of the entry date of this order.
4. The Secretary strike the name of Full Power Corporation, d/b/a All Power Corporation 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. If the civil penalty is not paid within the time given, under 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 as appropriate.
6. Notice of this default order shall be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 01-1256. Filed for public inspection July 6, 2001, 9:00 a.m.]
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