NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Business Discount Plan, Inc.
[48 Pa.B. 1914]
[Saturday, March 31, 2018]Public Meeting held
March 15, 2018Commissioners Present: Gladys M. Brown, Chairperson; Andrew G. Place, Vice Chairperson; Norman J. Kennard; John F. Coleman, Jr.; David W. Sweet
Business Discount Plan, Inc.; A-2017-2619610
Tentative Order By the Commission:
Business Discount Plan, Inc. (BDP or Company), utility code 310262, is a Competitive Local Exchange Carrier (CLEC) certificated by this Commission at Docket No. A-310262.
On July 11, 2017, a copy of BDP's 2016 Assessment Report was returned to the Commission via U.S. Mail. On the envelope was a handwritten return to sender note stating that the Company was closed. On August 24, 2017, a Secretarial Letter was sent to BDP, detailing the process by which a public utility wishing to cancel its Certificate of Public Convenience in Pennsylvania must file an Application for Abandonment, and the requisite $350 filing fee. The Secretarial Letter warned that failure to comply would lead to the matter being referred to the Bureau of Investigation and Enforcement. An Application for Abandonment form was enclosed with the Secretarial Letter. BDP filed no response to the Secretarial Letter.
On September 20, 2017, a second Secretarial Letter was sent to BDP, again requesting that the Company complete and file the attached Application for Abandonment and submit the associated filing fee. The second Secretarial Letter also included instructions on how BDP could request a waiver if the Company could not afford to pay the $350 filing fee. The second Secretarial Letter also warned BDP that failure to comply within 30 days would result in the matter being referred to Commission legal staff for further action.
To date, BDP has filed no response to either the August 24, 2017, or September 20, 2017 Secretarial Letters. The Company has not filed an Application for Abandonment, nor the associated filing fee or any request to waive the filing fee.
Public utilities seeking to abandon service must file an application to abandon, including payment of a $350 service fee, pursuant to 52 Pa. Code § 1.43. Here, BDP failed to submit the appropriate application and fee, despite the Commission's twice providing the proper application form.
The Commission has the 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. Based on the above facts, we believe it is appropriate to revoke BDP's Certificate of Public Convenience without the necessity of a formal complaint.
Although the U.S. Mail represented that BDP is no longer in business, the Commission has no record of the Company's closure. Therefore, given BDP's failure to pay the required $350 fee or submit the proper application to abandon service, BDP is warned that, should the Company re-apply for authority to provide service in the Commonwealth of Pennsylvania at any time in the future, it shall be required to pay both the instant delinquent $350 fee to abandon service, the $350 fee associated with its application to begin service, and any other fees, assessments, or fines associated with BDP's utility code 310262, prior to any grant of authority.
For these reasons, we tentatively conclude that revocation of BDP's Certificate of Public Convenience pursuant to 66 Pa.C.S. § 1102(a)(2) is in the public interest. We take this action on a tentative basis because of BDP's failure to serve the application on appropriate parties or provide public notice of its abandonment. With the cancellation of BDP's Certificate of Public Convenience, the Commission will forego the imposition of penalties under Section 3301, which may have been appropriate; Therefore,
It Is Ordered That:
1. Revocation of Business Discount Plan, Inc.'s certificate of public convenience is hereby tentatively approved as being in the public interest.
2. Should Business Discount Plan, Inc. re-apply for authority to provide service in the Commonwealth of Pennsylvania at any time in the future, it shall be required to pay both the instant delinquent $350 fee to abandon service and the $350 fee associated with its application to begin service, and any other fees, assessments, or fines associated with Business Discount Plan, Inc.'s utility code 310262, prior to any grant of authority.
3. The Secretary serve a copy of this Tentative Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, and the Bureau of Investigation & Enforcement, and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.
4. Absent the filing of adverse public comment within 30 days after publication in the Pennsylvania Bulletin, the Bureau of Technical Utility Services shall prepare a Final Order for entry by the Secretary and shall advise the affected Bureaus within the Commission in writing that the certificate of public convenience held by Business Discount Plan, Inc., utility code 310262, is cancelled and the case may be closed.
5. Upon entry of the Final Order described in ordering Paragraph No. 3 above, Business Discount Plan, Inc.'s name will be stricken from all active utility lists maintained by the Commission's Bureau of Technical Utility Services and the Assessment Section of the Bureau of Administration, and the docket shall be closed.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 18-515. Filed for public inspection March 30, 2018, 9:00 a.m.]
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