Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 10-487

NOTICES

Tentative Order

[40 Pa.B. 1477]
[Saturday, March 13, 2010]

Public Meeting held
February 25, 2010

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

Law Bureau Prosecutory Staff v. Exergy Group, LLC;
Doc. No. C-2009-2130645

Tentative Order

By the Commission:

 Exergy Group, LLC (the Respondent) has failed to file its 2007 Annual Report with the Commission. Failure to file an annual report violates 66 Pa.C.S. § 504. Specifically, 66 Pa.C.S. § 504 provides that:

The commission may require any public utility to file periodical reports, at such times, and in such form, and of such content, as the commission may prescribe, and special reports concerning any matter whatsoever about which the commission is authorized to inquire, or to keep itself informed, or which it is required to enforce.

 Law Bureau Prosecutory filed a complaint at the above docket number for failure to file the 2007 Annual Report. However, the United States Postal Service was unable to deliver the complaint because it was unclaimed and returned it to the Commission.

 Exergy Group, LLC was issued a certificate of public convenience by the Commission as a reseller of toll services. Based upon the failure of Exergy Group, LLC to file its 2007 Annual Report, and its failure to provide current contact information with the Commission, we tentatively conclude that revocation of Exergy Group, LLC's certificate of public convenience is in the public interest.

 The Commission puts 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 such other remedy as the Commission may deem appropriate. 66 Pa.C.S. §§ 504, 505, 506 and 3301; Therefore,

 It Is Ordered That:

 1. Revocation of Exergy Group, LLC's certificate of public convenience is hereby tentatively approved as being in the public interest.

 2. The Secretary serve a copy of this Tentative 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 Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.

 3. The absence of filing of adverse public comment within 30 days after publication in the Pennsylvania Bulletin, this Tentative Order shall become final without further action by the Commission.

 4. Upon this Order becoming final and without further action by the Commission, the certificate of public convenience held by Exergy Group, LLC at A-311246 will be cancelled by the Secretary's Bureau, and Exergy Group, LLC's name will be stricken from all active-utility lists maintained by the Tariff and Annual Report Section of the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.

JAMES J. McNULTY, 
Secretary

[Pa.B. Doc. No. 10-487. Filed for public inspection March 12, 2010, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.