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PA Bulletin, Doc. No. 09-1090

NOTICES

Rescission Order

[39 Pa.B. 3017]
[Saturday, June 13, 2009]

Public Meeting held
May 28, 2009

Commissioners Present:  James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Kim Pizzingrilli; Wayne E. Gardner; Robert F. Powelson

Pennsylvania Public Utility Commission, Law Bureau
Prosecutory Staff v. Riemer, Herman Gas Co.
(2006 Annual Report); Doc. No.
C-2008-2036248; A-122670

Rescission Order

   On March 18, 2009, the Commission entered a Default Order at this docket against Riemer, Herman Gas Co. (the ''Respondent''), a gas utility certificated at A-122670, for failure to file its 2006 Annual Report. The Default Order was published in the Pennsylvania Bulletin on April 4, 2009, at 39 Pa.B. 1792. On or about April 23, 2009, the Respondent submitted its 2006 and 2007 Annual Reports. The Respondent also filed on the same date a letter petition requesting a waiver of the $1,000 civil penalty imposed by the Default Order. Instead, on or about May 5, 2009, the Respondent paid the $250 late fee payable to the Commonwealth of Pennsylvania that was previously assessed against the Respondent for failure to file its 2006 Annual Report in a timely manner.

   In its letter petition, the Respondent stated that the reason for the delay in filing the 2006 Annual Report was because the owner, Anna Pearl Riemer, became gravely ill and continues to be bed-ridden today. Other family members who have taken over the operations of the business during Anna's illness have only recently learned about the failure to file this report. Anna's son Jeff has stated that the lack of compliance will not happen again and that all obligations will be met in the future. In this regard, the Respondent has also filed the 2007 Annual Report, which had become delinquent.

   Finally, the Respondent asks that the $1,000 civil penalty be rescinded. Instead, the Respondent has paid the $250 late fee previously assessed against the company for failure to file the 2006 Annual Report in a timely manner. Commission Staff familiar with the precarious financial condition of the Respondent has recommended acceptance of this offer to pay the lesser late fee instead of the civil penalty. Under the circumstances described previously, we agree to accept this alternative payment and will grant Respondent's implied request to rescind the Default Order; Therefore,

   It Is Ordered That:

   1.  The Default Order entered March 18, 2009, is hereby rescinded.

   2.  The Secretary serve a copy of this Rescission Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, and the Office of Trial Staff, and also cause a copy of this Rescission Order be published in the Pennsylvania Bulletin.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 09-1090. Filed for public inspection June 12, 2009, 9:00 a.m.]


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