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PA Bulletin, Doc. No. 18-1287

NOTICES

PENNSYLVANIA PUBLIC
UTILITY COMMISSION

Electric Generation Supplier License Cancellation of a Company with an Expired Financial Security

[48 Pa.B. 5097]
[Saturday, August 18, 2018]

Public Meeting held
August 2, 2018

Commissioners Present: Gladys M. Brown, Chairperson; Andrew G. Place, Vice Chairperson; Norman J. Kennard; David W. Sweet; John F. Coleman, Jr.

Electric Generation Supplier License Cancellation of a Company with an Expired Financial Security; M-2018-2640827

Tentative Order

By the Commission:

 The Commission's regulations at 52 Pa. Code § 54.40(a) state that an Electric Generation Supplier (EGS) license will not be issued or remain in force until the licensee furnishes a bond or other security approved by the Commission. In addition, 52 Pa. Code § 54.40(d) states that the maintenance of an EGS license is contingent on the licensee providing proof to the Commission that a bond or other approved security in the amount directed by the Commission has been obtained.

 Each EGS must file an original bond, letter of credit, continuation certificate, amendment, or other approved financial instrument with Rosemary Chiavetta, Secretary, Pennsylvania Public Utility Commission, 400 North Street, Harrisburg, PA 17120 prior to the EGS's current security expiration date. Each financial instrument must be an original document that displays a ''wet'' signature or digital signature, preferable in blue ink, and displays a ''raised seal'' or original notary stamp. The name of the principal on the original financial instrument must match exactly with the name that appears on the EGS's license issued by the Commission.

 Failure to file proof to the Commission that the company has a bond or other approved security in the amount directed by the Commission may cause Commission staff to initiate a formal proceeding that may lead tothe following: cancellation of the company's electric supplier license, removal of the company's information from the Commission's website and notification to all electric distribution companies, in which the company is licensed to do business, of the cancellation of the license.

 As of July 24, 2018, the EGS listed in the Supplier Table below has not provided proof to the Commission that it has a bond or other approved security in the amount directed by the Commission, to replace its expired financial security.


Supplier Table—Electric Generation Supplier

Docket Number Company Name Financial
Security Expiration
Date 		Commission Approved
Amount
A-2011-2224523* AMERIGREEN ENERGY, INC. 8/12/18 Yes

 *Taking title to electricity

 As part of its EGS license validation procedures, the Commission's Bureau of Technical Utility Services sent a 90-day Security Renewal Notice Letter to the entity in the Supplier Table above stating that original documentation of a bond, or other approved security, must be filed within 30 days prior to the entity's security expiration date. The company listed in the Supplier Table did not provide the required documentation.

 Based on the above facts, we tentatively conclude that the EGS listed in the Supplier Table is not in compliance with 52 Pa. Code § 54.40(a) and (d) and therefore it is appropriate to initiate the cancellation process for the company listed in the Supplier Table, without the necessity of a formal complaint, as being in the public interest; Therefore,

 It Is Ordered That:

 1. Cancellation of the Electric Generation Supplier License of the company listed in the Supplier Table 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, the Bureau of Investigation & Enforcement, Department of Revenue—Bureau of Corporation Taxes, all electric distribution companies, the Electric Generation Supplier in the Supplier Table and also cause a copy of this Tentative Order to be published in the Pennsylvania Bulletin with a 30-day comment period.

 3. Absent the filing of adverse public comment or the filing of an approved security 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.

 4. Upon entry of the Final Order described in Ordering Paragraph No. 3 above, the company listed in the Supplier Table 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, removed from the Commission's website, and notifications be sent to all electric distribution companies in which the Electric Generation Supplier is licensed to do business.

 5. Upon entry of the Final Order described in Ordering Paragraph No. 3, the electric distribution company in which the Electric Generation Supplier is licensed to do business, shall return the customers of the Electric Generation Supplier to default service.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 18-1287. Filed for public inspection August 17, 2018, 9:00 a.m.]


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