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PA Bulletin, Doc. No. 09-1006

NOTICES

Rescission Order

[39 Pa.B. 2765]
[Saturday, May 30, 2009]

Public Meeting held
May 14, 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. Conneaut Lake Park, Inc. (2006 Annual Rpt); Doc. No. C-2008-2036689; A-210096

Rescission Order

   On March 17, 2009, the Commission entered a Default Order at this docket against Conneaut Lake Park, Inc. (the ''Respondent''), a water utility certificated at A-210096, 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. 1786. On April 29, 2009, the Respondent submitted its 2007 and 2008 Annual Reports. The Respondent also filed on the same date a Petition to Rescind Default Order.

   In its petition, based upon its own internal investigation, the Respondent stated that it is impossible for it to file the 2006 Annual Report because of a catastrophic loss experienced by the Respondent on February 1, 2008, when an Arsonist fire destroyed one of its buildings housing most of its accounting records. In addition, the Respondent stated that the present trustees were appointed by the court on June 29, 2007, and have been charged with the task of saving the Respondent from its encumbering over $3 million in debt. According to the new trustees, the prior trustees were lax in following the laws and regulations regarding the preparation and submission of proper filings such as the Commission's annual reports for 2003-2006 and Federal tax returns. The current trustees also state in the petition that they are confident that the past problems causing lack of compliance will not happen again and that all obligations will be met in the future.

   Given the Arsonist fire, the Respondent's precarious financial condition, and the appointment of new trustees who have pledged to comply with all laws and regulations in managing the day-to-day business activities of the Respondent, we will grant Respondent's request to rescind the Default Order as well as waive the filing of annual reports from 2003 through 2006; Therefore,

It Is Ordered That:

   1.  The Default Order entered March 17, 2009, is hereby rescinded.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. 09-1006. Filed for public inspection May 29, 2009, 9:00 a.m.]


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