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PA Bulletin, Doc. No. 02-552

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Default Order

[32 Pa.B. 1784]

Public Meeting held
March 14, 2002

Commissioners Present:  Glen R. Thomas, Chairperson; Robert K. Bloom, Vice-Chairperson; Kim Pizzingrilli; Aaron Wilson, Jr.; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. OnlineChoice.com, Inc. (2001.0244); Doc. No. C-20016078; A-110122

Default Order

By the Commission:

   On August 30, 2001, the Law Bureau Prosecutory Staff instituted a complaint against OnlineChoice.com, Inc. (Respondent), an electric generation supplier (EGS) licensed at A-110122. In the complaint, Prosecutory Staff alleged that Commission staff had notified Respondent by letter dated June 25, 2001, that its surety bond was due to expire on August 27, 2001, and that Respondent had 15 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 also alleged that Commission staff placed a follow-up telephone call to Respondent and heard an automated message system state that Respondent had ceased doing business as of April 30, 2001.

   Furthermore, the complaint alleged that on July 31, 2001, the Department of Revenue had informed Commission staff that Respondent has filed for bankruptcy.

   The complaint charged that Respondent violated 66 Pa.C.S. § 2809(c)(1)(i) (relating to EGS bonds or other security) and the Commission's regulation at 52 Pa. Code § 54.40 by failing to renew its surety bond.

   In addition, the complaint charged that Respondent violated 52 Pa. Code § 54.34(b), by failing to report a material change in the organizational structure or operation that affected its operation in this Commonwealth within 30 days of the date of the change. The complaint requested that Respondent's EGS license be cancelled and that a civil penalty of $1,000 be imposed as a result of Respondent's failure to renew its bond and notify the Commission of a material change in its operation.

   Pursuant to section 2809(c)(1)(i) of the Public Utility 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.

   According to the postal return receipt, service of the complaint was perfected on September 10, 2001. To date, more than 20 days after service of the complaint, no answer has been filed to the complaint, the surety bond has not been renewed, and the Commission has not been formally notified of any material changes in Respondent's business; Therefore,

It is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is hereby sustained.

   2.  The EGS license held by OnlineChoice.com, Inc. A-110122, is hereby cancelled.

   3.  A civil penalty of $1,000 is hereby imposed against OnlineChoice.com, 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.  The Secretary strike the name of OnlineChoice.com, 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.  If the civil penalty is not paid pursuant to Ordering Paragraph No. 3, above, 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.

   7.  The Secretary serve a copy of this Default Order upon all jurisdictional electric distribution companies (EDC) as well as the Department of Revenue.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 02-552. Filed for public inspection April 5, 2002, 9:00 a.m.]


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