NOTICES
Rescission Order
[34 Pa.B. 3217] Public Meeting held
May 27, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Ton Services, Inc. (2003.0264); Doc. No. C-20031931; A-310859
Rescission Order By the Commission:
On October 17, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against Ton Services, Inc. (Ton or Respondent), an interexchange reseller certificated at A-310859, for failure to file its 2002 Annual Report. Subsequently, on April 8, 2004, the Commission entered a Default Order that sustained the complaint and cancelled Respondent's certificate of public convenience. The notice of the Default Order was published April 24, 2004, at 34 Pa.B. 2265 with a 20-day comment period.
On May 6, 2004, within the specified 20-day comment period, Respondent filed its 2002 Annual Report and paid the $250 late-filing fee. No letter accompanied this filing.
Because Respondent filed its delinquent annual report and paid the late-filing fee during the 20-day comment period stated in the Pennsylvania Bulletin, we find it appropriate to rescind the Default Order. However, we caution Respondent that all future Annual Reports must be timely filed and all Commission correspondence must be answered in a timely manner. The Commission hereby puts Ton and the rest of the industry on notice that we will not hesitate to invoke our authority under the Public Utility Code to ensure timely compliance with our regulations and orders including the ordering of another remedy as the Commission may deem appropriate; Therefore,
It Is Ordered That:
1. The Default Order entered April 8, 2004, at this docket is hereby rescinded.
2. A copy of this order be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 04-1104. Filed for public inspection June 18, 2004, 9:00 a.m.]
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