NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Rescission Order
[32 Pa.B. 2832] Public Meeting held
May 9, 2002Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr., statement follows; Terrance J. Fitzpatrick; Kim Pizzingrilli
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Summit Telco, LLC (2001.0359); Doc. No. C-20026932; A-310936
Rescission Order By the Commission:
On February 25, 2002, Law Bureau Prosecutory Staff instituted a complaint against Summit Telco, LLC (Respondent), a telecommunications interexchange (IXC) reseller certificated at A-310936, for failure to pay its 2001-2002 annual assessment pursuant to 66 Pa.C.S. § 510.
Subsequently, on April 15, 2002, the Commission entered a Default Order that sustained the complaint and set forth a process to cancel Respondent's certificate of public convenience. The Default Order was published at 32 Pa.B. 2176 (April 27, 2002).
Since the issuance of the Default Order, the Respondent has paid the entire overdue amount. In a separate letter dated April 22, 2002, to Secretary James McNulty, the Respondent explained in defense of its late payment that it is not the company's custom to tolerate such an oversight, which oversight came to light during its recent yearend review. As part of this review, the Respondent alleged that it found reports and invoices not addressed, including our 2001-2202 assessment. The Respondent also advised that the individual handling these functions had left the company.
The Commission is satisfied that the non-payment was inadvertent and that future payments will be made on time; Therefore,
It Is Ordered That:
1. The Default Order entered April 15, 2002, at Docket No. C-20026932 is hereby rescinded.
2. The certificate of public convenience held by Summit Telco, LLC is hereby reinstated.
3. The Secretary serve a copy of this Rescission Order upon Summit Telco, LLC, the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection.
4. That a copy of this Order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary
Statement of Commissioner Aaron Wilson, Jr. In this case, the Petitioner seeks reinstatement to provide telecommunication services in Pennsylvania, notwithstanding the fact that it failed to remit the appropriate assessment under Section 510 of the Public Utility Code.
Section 315(b) places the burden of proof on a company to demonstrate its compliance with any Commission determination or order. Section 3301(a) authorizes the imposition of penalties whenever a public utility shall fail, omit, neglect, refuse to obey, observe, and comply with an regulation or final direction, requirement, determination or order made by the commission.
Following the expenditure of Commission resources in an enforcement proceeding, including suspension of the privilege to conduct their Pennsylvania business operations, the outstanding assessment was paid prior to seeking reinstatement.
Although the Petitioner demonstrates a basis for reinstatement, I am gravely concerned that the Petition fails to address why it never complied in a timely manner with the earlier order consistent with Section 315(b). That is particularly troublesome because that Opinion and Order notified the Petitioner of their obligation to timely pay their assessment.
Consequently, I think it is necessary for the Commission to put the industry on notice that we will not hesitate to invoke our authority under the Public Utility Code to ensure timely compliance with our orders. 66 Pa.C.S. §§ 504, 505, 506. The failure to comply with the terms of a Commission order, directive, or similar action is a violation of the Public Utility Code and penalties for infractions are authorized under Section 3301(a) of the Public Utility Code.
[Pa.B. Doc. No. 02-1018. Filed for public inspection June 7, 2002, 9:00 a.m.]
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