NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Pike County Light & Power Company
[54 Pa.B. 6216]
[Saturday, September 28, 2024]Public Meeting held
September 12, 2024Commissioners Present: Stephen M. DeFrank, Chairperson; Kimberly Barrow, Vice Chairperson; Ralph V. Yanora; Kathryn L. Zerfuss; John F. Coleman, Jr.
Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Pike County Light & Power Company; M-2024-3044226
Opinion and Order By the Commission:
Before the Pennsylvania Public Utility Commission (Commission) for consideration and disposition is a Joint Petition for Approval of Settlement (Settlement Agreement or Settlement) filed on July 3, 2024, by the Commission's Bureau of Investigation and Enforcement (I&E) and Pike County Light & Power Company (Pike, Pike County, or Company) (collectively the Parties) with respect to an informal investigation conducted by I&E. Both Parties submitted Statements in Support of the Settlement. The Parties submit that the proposed Settlement is in the public interest and is consistent with the Commission's Policy to Promote Settlements at 52 Pa. Code § 5.231 and the Commission's Policy Statement at 52 Pa. Code § 69.1201, Factors and standards for evaluating litigated and settled proceedings involving violations of the Public Utility Code and Commission regulations—statement of policy. Settlement at 4.
Before issuing a final decision on the merits of the Settlement, and consistent with the requirements of 52 Pa. Code § 3.113(b)(3), we shall publish this Opinion and Order, as well as the proposed Settlement, including the Statements of Support, in its entirety in the Pennsylvania Bulletin and provide an opportunity for interested parties to file comments regarding the Settlement.1
I. History of the Proceeding
On November 15, 2023, the Commission's Bureau of Consumer Services (BCS) referred Pike's alleged failures, to provide data required by the Commission's regulations addressing Quality of Service Reporting Data at 52 Pa. Code § 54.153 and Telephone Transaction Survey Data at 52 Pa. Code § 54.154, to I&E. Settlement at 4.
On February 26, 2024, I&E contacted Pike by letter informing them of the informal investigation. Settlement at 6.
From February 26, 2024 through July 3, 2024, I&E and Pike (the Parties) addressed the alleged noncompliance. These alleged failures included Pike's failure to adhere to the modified reporting schedule agreed to between Pike and BCS and the failure to submit a petition to the Commission addressing its past alleged non-compliance with Commission regulations, including Commission approval of a modified data reporting schedule. Settlement at 6.
On July 3, 2024, counsel for I&E and Pike filed a proposed Joint Petition for Approval of Settlement (Settlement Agreement or Settlement) to terminate I&E's informal investigation of the incident and to settle the matter completely without litigation, even though the Parties' positions and claims are disputed, to resolve the proceeding in a manner that is reasonable and in the public interest. The Parties ask that the Commission issue an Opinion and Order approving the terms of the Joint Petition in their entirety, without modification, because the Settlement is in the public interest. Settlement at 1, 8, and 11.
II. Background
Following a BCS referral to I&E on November 15, 2023 concerning Pike's alleged failures, I&E contacted Pike by letter on February 26, 2024 informing them of the informal investigation. As part of the informal investigation, Pike responded to I&E on April 19, 2024 and provided Quality-of-Service Data for 2021, 2022, and 2023. Pike also provided Telephone Transaction Survey Data as well for half of 2022 and all of 2023. Settlement at 6.
Pike did not adhere to a modified reporting schedule agreed to between Pike and BCS. Pike also did not submit a petition to the Commission addressing its past non-compliance with Commission regulations and requesting approval of a modified data reporting schedule. Settlement at 6.
Based on information obtained through the informal investigation, I&E was prepared to challenge Pike's failure to provide Quality-of-Service and Telephone Transaction Survey data as violations of the Public Utility Code (Code) and an ancillary failure to submit a petition to the Commission addressing its past alleged non-compliance with Commission regulations, including Commission approval of a modified data reporting schedule. Pike was prepared to deny any alleged violations, raise defenses and/or mitigating factors in support of any defense, and was prepared to do so at any hearing. Settlement at 6 and 7.
The Settlement provides the following information describing the alleged violations of the Code as follows:
14. In May 2022, the Pennsylvania Public Utility Commission's (''Commission'') Bureau of Consumer Services (''BCS'') sent a written notice to Pike advising the Company of its noncompliant reporting status and requested that the applicable 52 Pa. Code Chapter 54 data for the calendar year 2021 be submitted to BCS.15. Upon receiving this notice, Pike contacted BCS and explained that the data in question was not available and could not be reported to BCS. As a result, BCS recommended that a modified data reporting schedule be followed by Pike until it could achieve full compliance in 2024 with the reporting of calendar year 2023 data. Specifically, BCS requested that Pike submit to BCS an initial report on the Company's customer service performance by July 8, 2022.16. Regarding the years in which Pike failed to submit the required data, BCS encouraged Pike to submit a petition to the Commission explaining why such data was not previously reported to BCS and requesting approval of a modified data reporting schedule.17. On June 14, 2022, the general manager of Pike informed BCS that it could not meet the July 8, 2022, reporting deadline, and requested a meeting with BCS staff to discuss a reporting schedule.18. On June 24, 2022, staff from Pike, Corning Energy Corporation, and BCS held a meeting wherein a modified reporting schedule was proposed by BCS. The goal of the modified reporting schedule was to bring Pike into full compliance with 52 Pa. Code §§ 54.153 and 54.154 by 2024 for the 2023 reporting year. The following deadlines were agreed upon by all parties:a. July 8, 2022: Pike was to submit an Implementation Plan to BCS detailing the utility's adherence to a modified reporting schedule, with the goal of submitting 2023 data to BCS in compliance with 52 Pa. Code §§ 54.153 and 54.154 in 2024.b. February 1, 2023: Pike was to submit to BCS 52 Pa. Code § 54.153 data covering July—December 2022.c. April 1, 2023: Pike was to submit to BCS 52 Pa. Code § 54.154 data for customer surveys conducted July—December 2022.19. On July 1, 2022, the Vice President of Operations/ Customer Service for the Corning Energy Corporation (the parent company of Pike) submitted a draft Implementation Plan to BCS.20. On August 22, 2022, BCS conducted a meeting with Pike to provide recommendations to revise the Implementation Plan.21. On February 1, 2023, Pike failed to submit its data pursuant to 52 Pa. Code § 54.153 to BCS.22. On April 1, 2023, Pike failed to submit its data pursuant to 52 Pa. Code § 54.154 to BCS.23. On February 26, 2024, I&E contacted Pike by letter informing them of the informal investigation.24. On April 19, 2024, Pike responded to the letter and provided Quality-of-Service Data pursuant to 52 Pa. Code § 54.153(b)(2), (4) and (c) for 2021, 2022, and 2023.25. Pike also provided Telephone Transaction Survey Data pursuant to 52 Pa. Code § 54.154 for half of 2022 and all of 2023.26. However, Pike did not adhere to the modified reporting schedule agreed between Pike and BCS. Pike did not submit a petition to the Commission addressing their past non-compliance with Commission regulation and requesting approval of a modified data reporting schedule.Settlement at 4—6.
Based on information obtained through its investigation, as described above, and a review of the Commission's regulations and relevant regulations and statutes, I&E was prepared to contend by the filing of a formal complaint that Pike violated certain provisions of the Commission's regulations, in that:
1. Pike failed to provide the Commission with its Quality-of-Service Data.
2. Pike failed to provide the Commission with its Telephone Transaction Survey Data.
Settlement at 7.
These allegations, if proven, constitute a violation of 52 Pa. Code § 54.153 (requiring that ''EDCs shall file reports annually with the Secretary of the Commission on or before February 1. Each report shall contain data, reported by month, as well as a 12-month cumulative average for the preceding calendar year. Each report shall include the name and telephone number of the utility contact person responsible for the report.'') and 52 Pa. Code § 54.154 (requiring that ''[e]ach EDC shall report to the Commission the results of telephone transaction surveys of customers who have had interactions with the EDC.''). Settlement at 7.
The Settlement recognizes that, had the matter been litigated, Pike would have denied the alleged violations, raised defenses and/or mitigating factors in support of its defense, and defended against the same at hearing. Settlement at 7.
The Settlement further acknowledges that Pike understands the nature of the allegations that I&E would have asserted in a formal complaint. Pike had already submitted some of the required information but failed to comply with other provisions.
The Settlement also states that, as a mitigating factor to the above allegations, I&E acknowledges that Pike responded to BCS inquiries and cooperated with I&E's investigation. Settlement at 8.
The Parties recognize that their positions and claims are disputed and, given that the outcome of the proceeding is uncertain, the Parties recognize the benefits of amicably resolving the disputed issues through Settlement. Settlement at 8.
I&E and Pike, intending to be legally bound and for consideration given, desire to conclude this informal investigation and agree to stipulate to the following terms solely for the purposes of this Settlement Agreement. Settlement at 8.
The Settlement, which is attached to this Opinion and Order, has been filed by the Parties to terminate I&E's informal investigation and to settle this matter completely without litigation. Settlement at 8.
III. Terms of the Settlement
I&E and Pike, intending to be legally bound and for consideration given, agreed to be bound as follows in this Settlement:
A. Pike will pay a civil penalty in the amount of Five Thousand Dollars ($5,000). Said payment shall be made within thirty (30) days of the entry date of the Commission's Final Order approving the Settlement Agreement and shall be made by certified check or money order payable to the ''Commonwealth of Pennsylvania.'' The docket number of this proceeding shall be indicated with the certified check or money order and the payment shall be sent to:Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120The civil penalty shall not be tax deductible pursuant to Section 162(f) of the Internal Revenue Code, 26 U.S.C.S. § 162(f) and shall not be passed through as an additional charge to PIKE's customers in Pennsylvania.B. Pike agrees to implement the following corrective actions:1. Within 30 days of the entry date of the Commission's Final Order approving the Settlement Agreement, Pike shall submit an Implementation Plan (''the Plan'') to BCS, detailing how it plans to comply with the reporting requirements under 52 Pa. Code §§ 54.153 and 54.154 on a going-forward basis.a. The Plan shall include the name and contact information of the person within Pike who will be responsible for gathering, organizing, and submitting such data to BCS.b. The Plan shall include an enhanced reporting requirement, mandating that Pike report the data on a quarterly basis, in addition to the annual reports required by §§ 54.153 and 54.154. Such reporting shall be due beginning at the end of the month following the first quarter after the effective date of the Settlement Agreement. E.g. if the effective date of the Settlement Agreement is July 2024, reporting for the first three quarters of 2024 would be due on by the end of October 2024. Subsequent quarterly data will be provided by the end of the month following the relevant quarter. E.g. October—December data will be provided by the end of January.i. The enhanced reporting requirement to provide the data required by §§ 54.153 and 54.154 on a quarterly basis shall be in force for eight (8) quarters.c. The Plan shall include a provision to annually train employees responsible for gathering, organizing, and submitting data on the techniques and processes for so doing.d. The Plan shall require Pike to create a written policy and routines for gathering, organizing, and submitting data to BCS.2. Pike shall annually train employees responsible for compliance with Commission regulations on the requirements of Commission regulations.3. Pike shall prioritize record-keeping as a vital part of its business practices by implementing changes to its accounting software and telephone system to ensure required data can be reported in a timely manner.4. Pike shall contact BCS (or a Commission employee otherwise familiar with the reporting site) within 5 days of the entry date of the Commission's Final Order approving the Settlement Agreement to arrange for a meeting wherein BCS shall assist the Company with ensuring it has functioning log in data and shall provide training to the Company on use of the site to complete the required reporting.5. Within 20 days of the provision of functioning log-in data and training to the Company, the Company shall upload the required data available to fulfill its reporting obligations for 52 Pa. Code § 54.153(b)(2)—(4), (c) for 2021, 2022, and 2023.Settlement at 9, 10.
Upon Commission approval of the Settlement in its entirety, without modification, I&E will not file any complaints or initiate other action against Pike at the Commission with respect to the allegations which were the subject of I&E's informal investigation of the incident. Settlement at 10-11.
I&E and Pike jointly acknowledge that approval of this Settlement Agreement is in the public interest and fully consistent with the Commission's Policy Statement regarding Factors and Standards for Evaluating Litigated and Settled Proceedings, 52 Pa. Code § 69.1201. Settlement at 11.
The Parties further submit that the Settlement Agreement is in the public interest because it effectively addresses I&E's allegations that are the subject of I&E's informal investigation and avoids the time and expense of litigation, which entails hearings, various expenses, and the preparation and filing of briefs, exceptions and reply exceptions, as well as possible appeals. Attached as Appendices A and B are Statements in Support submitted by I&E and Pike setting forth the bases upon which the Parties believe the Settlement Agreement is in the public interest. Settlement at 11.
The Settlement provides that no changes to obligations set forth herein may be made unless they are in writing and are expressly accepted by the parties involved. This Settlement Agreement shall be construed and interpreted under Pennsylvania law. Settlement at 11.
The Settlement is conditioned upon the Commission's approval of the terms and conditions contained in this Joint Petition, without modification. If the Commission modifies this Settlement Agreement, any party may elect to withdraw from this Settlement Agreement and may proceed with litigation or take such other action that is deemed appropriate and, in such event, this Settlement Agreement shall be void and of no effect. Any decision to withdraw must be made in writing, filed with the Secretary of the Commission, and served upon all parties within twenty (20) business days after entry of an Order modifying the Settlement. Settlement at 11.
The Parties agree that the underlying allegations were not the subject of any hearing or formal procedure and that there has been no order, findings of fact, or conclusions of law rendered in this complaint proceeding. It is further understood that, by entering into this Settlement Agreement, Pike has made no concession or admission of fact or law and may dispute all issues of fact and law for all purposes in all proceedings that may arise because of the circumstances described in this Settlement Agreement. Settlement at 12.
The Parties further state that this Settlement Agreement reflects a compromise of competing positions and does not necessarily reflect any party's position with respect to any issues raised in this proceeding. Settlement at 12.
This Settlement Agreement is being presented only in the context of this proceeding to resolve the proceeding in a manner that is fair and reasonable. This Settlement Agreement is presented without prejudice to any position that any of the Parties may have advanced and without prejudice to the position any of the Parties may advance in the future on the merits of the issues in future proceedings, except to the extent necessary to effectuate the terms and conditions of this Settlement Agreement. This Settlement does not preclude the Parties from taking other positions in any other proceeding but is conclusive as to this proceeding and may not be reasserted in any other proceeding or forum except for the limited purpose of enforcing the Settlement by a Party. Settlement at 12.
The Parties also state that the terms and conditions of this Settlement Agreement constitute a carefully crafted package representing reasonably negotiated compromises on the issues addressed herein. Thus, the Settlement Agreement is consistent with the Commission's rules and practices encouraging negotiated settlements set forth in 52 Pa. Code §§ 5.231 and 69.1201. Settlement at 13.
IV. Discussion
Pursuant to our Regulations at 52 Pa. Code § 5.231, it is the Commission's policy to promote settlements. The Commission must, however, review proposed settlements to determine whether the terms are in the public interest.2 Pa. PUC v. Philadelphia Gas Works, Docket No. M-00031768 (Order entered January 7, 2004).
In reviewing settlements that resolve informal investigations, the Commission will provide other potentially affected parties with the opportunity to file comments regarding a proposed settlement prior to issuing a decision. The Commission's Regulations at 52 Pa. Code § 3.113(b) provide as follows:
§ 3.113. Resolution of informal investigations.* * *(b) Under 65 Pa.C.S. Chapter 7 (relating to Sunshine Act), the Commission's official actions resolving informal investigations will be as follows:* * *(3) When the utility, or other person subject to the Commission's jurisdiction, has committed to undertake action to address or remedy a violation or potential violation of the act or to resolve another perceived deficiency at the utility, in the form of a settlement with the Commission staff or other resolution of the matter, the Commission's consideration of the settlement or approval of the utility's action will occur at public meeting. Except for staff reports and other documents covered by a specific legal privilege, documents relied upon by the Commission in reaching its determination shall be made part of the public record. Before the Commission makes a final decision to adopt the settlement or to approve the utility's action, the Commission will provide other potentially affected persons with the opportunity to submit exceptions thereon or to take other action provided for under law.52 Pa. Code § 3.113(b) (emphasis added). See also, Pa. PUC, Bureau of Investigation and Enforcement v. PPL Electric Utilities Corporation, Docket No. M-2012-2264635 (Order entered September 13, 2012); Pa. PUC, Bureau of Investigation and Enforcement v. Liberty Power Holdings, LLC, Docket No. M-2019-2568471 (Order entered August 8, 2019).
V. Conclusion
Before issuing a decision on the merits of the proposed Settlement, and consistent with the requirement of 52 Pa. Code § 3.113(b)(3), we believe it is appropriate to publish the Settlement in the Pennsylvania Bulletin and provide an opportunity for interested parties to file comments regarding the proposed Settlement. Accordingly, we will: (1) publish this Opinion and Order and a copy of the proposed Settlement and Statements in Support, attached hereto, in the Pennsylvania Bulletin; and (2) provide an opportunity for interested parties to file comments regarding the proposed Settlement within twenty-five (25) days after the date of publication in the Pennsylvania Bulletin; Therefore,
It Is Ordered That:
1. The Secretary's Bureau shall duly certify this Opinion and Order, along with the attached Joint Petition for Approval of Settlement and the Statements in Support thereof, at Docket No. M-2024-3044226, and deposit them with the Legislative Reference Bureau (Attachment A) for publication in the Pennsylvania Bulletin.
2. Within twenty-five (25) days after the date that this Opinion and Order and the attached Joint Petition for Approval of Settlement and the Statements in Support thereof are published in the Pennsylvania Bulletin, interested parties may file comments concerning the proposed Settlement.
3. A copy of this Opinion and Order, together with the attached Joint Petition for Approval of Settlement and the Statements in Support thereof, at Docket No. M-2024-3044226, shall be served on the Office of Consumer Advocate and the Office of Small Business Advocate.
4. After the Commission's review of any comments filed in this proceeding, at Docket No. M-2024-3044226, a final Opinion and Order will be issued.
ROSEMARY CHIAVETTA,
SecretaryORDER ADOPTED: September 12, 2024
ORDER ENTERED: September 12, 2024
Attachment A
BEFORE THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Pennsylvania Public Utility Commission, : Bureau of Investigation and Enforcement : : v. : Docket No. M-2024-3044226 : Pike County Light & Power Company :
JOINT PETITION FOR APPROVAL OF SETTLEMENT
TO THE HONORABLE PENNSYLVANIA PUBLIC UTILITY COMMISSION:
Pursuant to 52 Pa. Code §§ 5.41 and 5.232, the Pennsylvania Public Utility Commission's (''Commission'') Bureau of Investigation and Enforcement (''I&E'') and Pike County Light & Power Company (''Pike'') hereby submit this Joint Petition for Approval of Settlement (''Settlement'' or ''Settlement Agreement'') to resolve all issues related to the above-docketed informal investigation.
As part of this Settlement Agreement, I&E and Pike (hereinafter referred to collectively as the ''Parties'') respectfully request that the Commission enter a Final Opinion and Order approving the Settlement without modification. Statements in Support of the Settlement expressing the individual views of I&E and Pike are attached hereto as Appendix A and Appendix B, respectively.
I. Introduction
1. The Parties to this Settlement Agreement are the Pennsylvania Public Utility Commission's Bureau of Investigation and Enforcement, by its prosecuting attorneys, with a principal address of Commonwealth Keystone Building, 400 North Street, Harrisburg, PA 17120 and Pike County Light & Power Company with its principal place of business at 105 Schneider Lane, Milford, PA 18337.
2. The Commission is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within this Commonwealth as well as other entities subject to its jurisdiction, pursuant to the Public Utility Code (the ''Code''), 66 Pa.C.S. §§ 101, et seq.
3. I&E is the entity established to prosecute complaints against public utilities and other entities subject to the Commission's jurisdiction pursuant to 66 Pa.C.S. § 308.2(a)(11); See also Implementation of Act 129 of 2008; Organization of Bureaus and Offices, Docket No. M-2008-2071852 (Order entered August 11, 2011) (delegating authority to initiate proceedings that are prosecutory in nature to I&E).
4. Section 501(a) of the Pennsylvania Public Utility Code (''Code''), 66 Pa.C.S. § 501(a), authorizes and obligates the Commission to execute and enforce the provisions of the Code.
5. Section 701 of the Code, 66 Pa.C.S. § 701, authorizes the Commission, inter alia, to hear and determine complaints alleging a violation of any law or regulation that the Commission has jurisdiction to administer.
6. Section 3301 of the Code, 66 Pa.C.S. § 3301, authorizes the Commission to impose civil penalties on any public utility or on any other person or corporation subject to the Commission's authority for violations of the Code, the Commission's regulations, or both. Section 3301 allows for the imposition of a fine for each violation and each day's continuance of such violation(s). 66 Pa.C.S. § 3301.
7. Pike is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102 as it is engaged in providing public utility service as an electric distribution company (''EDC'') in the Commonwealth of Pennsylvania to the public for compensation.
8. Pike, as an EDC, is subject to the power and authority of the Commission pursuant to Section 501(c) of the Code, 66 Pa.C.S. § 501(c), which requires a public utility to comply with Commission regulations and orders.
9. Pursuant to the provisions of the applicable Commonwealth statutes and regulations, the Commission has jurisdiction over the subject matter and the actions of Pike in its capacity as an EDC.
10. Pursuant to Sections 331(a) and 506 of the Code, 66 Pa.C.S. §§ 331(a) and 506 and Section 3.113 of the Commission's regulations, 52 Pa. Code § 3.113, Commission staff has the authority to conduct informal investigations or informal proceedings in order to gather data and/or to substantiate allegations of potential violations of the Commission's regulations.
11. I&E instituted an informal investigation of Pike based on information referred to I&E by the Commission's Bureau of Consumer Services (''BCS'') on November 15, 2023, regarding Pike's failure to provide BCS with the Quality-of-Service Reporting Data that Pike was required to provide pursuant to 52 Pa. Code § 54.153 and Telephone Transaction Survey Data that Pike was required to provide pursuant to 52 Pa. Code § 54.154. I&E determined that this referral warranted further investigation to examine whether the actions of Pike violated the Code and Commission regulations.
12. As a result of successful negotiations between I&E and Pike, the Parties have reached an agreement on an appropriate outcome to the informal investigation as encouraged by the Commission's policy to promote settlements. See 52 Pa. Code § 5.231. The Settlement also is consistent with the Commission's Policy Statement for evaluating litigated and settled proceedings involving violations of the Code and Commission regulations, 52 Pa. Code § 69.1201. The duly authorized Parties executing this Settlement Agreement agree to the settlement terms set forth herein and urge the Commission to approve the Settlement Agreement as submitted as being in the public interest.
II. Background
13. On November 15, 2023, BCS referred to I&E Enforcement Pike's failure to provide data required by Commission regulation to be reported to BCS—specifically, Quality-of-Service Reporting Data pursuant to 52 Pa. Code § 54.153 and Telephone Transaction Survey Data pursuant to 52 Pa. Code § 54.154.
14. In May 2022, the Pennsylvania Public Utility Commission's (''Commission'') Bureau of Consumer Services (''BCS'') sent a written notice to Pike advising the Company of its noncompliant reporting status and requested that the applicable 52 Pa. Code Chapter 54 data for the calendar year 2021 be submitted to BCS.
15. Upon receiving this notice, Pike contacted BCS and explained that the data in question was not available and could not be reported to BCS. As a result, BCS recom-mended that a modified data reporting schedule be followed by Pike until it could achieve full compliance in 2024 with the reporting of calendar year 2023 data. Specifically, BCS requested that Pike submit to BCS an initial report on the Company's customer service performance by July 8, 2022.
16. Regarding the years in which Pike failed to submit the required data, BCS encouraged Pike to submit a petition to the Commission explaining why such data was not previously reported to BCS and requesting approval of a modified data reporting schedule.
17. On June 14, 2022, the general manager of Pike informed BCS that it could not meet the July 8, 2022, reporting deadline, and requested a meeting with BCS staff to discuss a reporting schedule.
18. On June 24, 2022, staff from Pike, Corning Energy Corporation, and BCS held a meeting wherein a modified reporting schedule was proposed by BCS. The goal of the modified reporting schedule was to bring Pike into full compliance with 52 Pa. Code §§ 54.153 and 54.154 by 2024 for the 2023 reporting year. The following deadlines were agreed upon by all parties:
A. July 8, 2022: Pike was to submit an Implementation Plan to BCS detailing the utility's adherence to a modified reporting schedule, with the goal of submitting 2023 data to BCS in compliance with 52 Pa. Code §§ 54.153 and 54.154 in 2024.B. February 1, 2023: Pike was to submit to BCS 52 Pa. Code § 54.153 data covering July—December 2022.C. April 1, 2023: Pike was to submit to BCS 52 Pa. Code § 54.154 data for customer surveys conducted July—December 2022.19. On July 1, 2022, the Vice President of Operations/Customer Service for the Corning Energy Corporation (the parent company of Pike) submitted a draft Implementation Plan to BCS.
20. On August 22, 2022, BCS conducted a meeting with Pike to provide recommendations to revise the Implementation Plan.
21. On February 1, 2023, Pike failed to submit its data pursuant to 52 Pa. Code § 54.153 to BCS.
22. On April 1, 2023, Pike failed to submit its data pursuant to 52 Pa. Code § 54.154 to BCS.
23. On February 26, 2024, I&E contacted Pike by letter informing them of the informal investigation.
24. On April 19, 2024, Pike responded to the letter and provided Quality-of-Service Data pursuant to 52 Pa. Code § 54.153(b)(2), (4) and (c) for 2021, 2022, and 2023.
25. Pike also provided Telephone Transaction Survey Data pursuant to 52 Pa. Code § 54.154 for half of 2022 and all of 2023.
26. However, Pike did not adhere to the modified reporting schedule agreed to between Pike and BCS. Pike did not submit a petition to the Commission addressing their past non-compliance with Commission regulation and requesting approval of a modified data reporting schedule.
III. Alleged Violations
27. Based on information obtained through its investigation, as described above, and a review of the Commission's regulations and relevant regulations and statutes, I&E was prepared to contend by the filing of a formal complaint that Pike violated certain provisions of the Commission's regulations, in that:
1. Pike failed to provide the Commission with its Quality-of-Service Data.
2. Pike failed to provide the Commission with its Telephone Transaction Survey Data.
28. These allegations, if proven, constitute a violation of 52 Pa. Code § 54.153 (requiring that ''EDCs shall file reports annually with the Secretary of the Commission on or before February 1. Each report shall contain data, reported by month, as well as a 12-month cumulative average for the preceding calendar year. Each report shall include the name and telephone number of the utility contact person responsible for the report.'') and 52 Pa. Code § 54.154 (requiring that ''[e]ach EDC shall report to the Commission the results of telephone transaction surveys of customers who have had interactions with the EDC.'').
29. Had the matter been litigated, Pike would have denied the alleged violations, raised defenses and/or mitigating factors in support of its defense, and defended against the same at hearing.
30. Pike understands the nature of the allegations that I&E would have asserted in a formal complaint and will put into effect appropriate measures, as set forth infra, that have been approved by I&E to ensure that such issues would not be likely to reoccur.
31. As a mitigating factor to the above allegations, I&E acknowledges that Pike cooperated with I&E's investigation. During the investigatory process, Pike provided I&E with some of the missing data.
IV. Settlement Terms
32. Pursuant to the Commission's policy of encouraging settlements that are reasonable and in the public interest,3 I&E and Pike held a series of discussions that culminated in this Settlement. The purpose of this Joint Petition for Approval of Settlement is to terminate I&E's informal investigation and to settle this matter completely without litigation. There has been no Formal Complaint filed, no evidentiary hearing before any tribunal, and no sworn testimony taken in any proceeding related to this incident.
33. Pike fully acknowledges the seriousness of I&E's allegations and recognizes the need to prevent the reoccurrence of the misconduct which was the subject of I&E's instant investigation.
34. The Parties recognize that their positions and claims are disputed and given that the precise outcome of a contested proceeding is uncertain, the Parties further recognize the benefits of amicably resolving the disputed issues through settlement.
35. I&E and Pike, intending to be legally bound and for consideration given, desire to fully and finally conclude this informal investigation and agree to stipulate as to the following terms solely for the purposes of this Settlement Agreement:
A. Pike will pay a civil penalty in the amount of Five Thousand Dollars ($5,000). Said payment shall be made within thirty (30) days of the entry date of the Commission's Final Order approving the Settlement Agreement and shall be made by certified check or money order payable to the ''Commonwealth of Pennsylvania.'' The docket number of this proceeding shall be indicated with the certified check or money order and the payment shall be sent to:Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120The civil penalty shall not be tax deductible pursuant to Section 162(f) of the Internal Revenue Code, 26 U.S.C.S. § 162(f) and shall not be passed through as an additional charge to PIKE's customers in Pennsylvania.B. Pike agrees to implement the following corrective actions:1. Within 30 days of the entry date of the Commission's Final Order approving the Settlement Agreement, Pike shall submit an Implementation Plan (''the Plan'') to BCS, detailing how it plans to comply with the reporting requirements under 52 Pa. Code §§ 54.153 and 54.154 on a going-forward basis.a. The Plan shall include the name and contact information of the person within Pike who will be responsible for gathering, organizing, and submitting such data to BCS.b. The Plan shall include an enhanced reporting requirement, mandating that Pike report the data on a quarterly basis, in addition to the annual reports required by §§ 54.153 and 54.154. Such reporting shall be due beginning at the end of the month following the first quarter after the effective date of the Settlement Agreement. E.g. if the effective date of the Settlement Agreement is July 2024, reporting for the first three quarters of 2024 would be due on by the end of October 2024. Subsequent quarterly data will be provided by the end of the month following the relevant quarter. E.g. October—December data will be provided by the end of January.i. The enhanced reporting requirement to provide the data required by §§ 54.153 and 54.154 on a quarterly basis shall be in force for eight (8) quarters.c. The Plan shall include a provision to annually train employees responsible for gathering, organizing, and submitting data on the techniques and processes for so doing.d. The Plan shall require Pike to create a written policy and routines for gathering, organizing, and submitting data to BCS.2. Pike shall annually train employees responsible for compliance with Commission regulations on the requirements of Commission regulations.3. Pike shall prioritize record-keeping as a vital part of its business practices by implementing changes to its accounting software and telephone system to ensure required data can be reported in a timely manner.4. Pike shall contact BCS (or a Commission employee otherwise familiar with the reporting site) within 5 days of the entry date of the Commission's Final Order approving the Settlement Agreement to arrange for a meeting wherein BCS shall assist the Company with ensuring it has functioning log in data and shall provide training to the Company on use of the site to complete the required reporting.5. Within 20 days of the provision of functioning log-in data and training to the Company, the Company shall upload the required data available to fulfill its reporting obligations for 52 Pa. Code § 54.153(b)(2)—(4), (c) for 2021, 2022, and 2023.Upon Commission approval of the Settlement in its entirety without modification, I&E will not file any complaints or initiate other action against Pike at the Commission with respect to the allegations which were the subject of I&E's instant investigation.
36. I&E and Pike jointly acknowledge that approval of this Settlement Agreement is in the public interest and fully consistent with the Commission's Policy Statement regarding Factors and Standards for Evaluating Litigated and Settled Proceedings, 52 Pa. Code § 69.1201. The Parties submit that the Settlement Agreement is in the public interest because it effectively addresses I&E's allegations that are the subject of I&E's informal investigation and avoids the time and expense of litigation, which entails hearings, various expenses, and the preparation and filing of briefs, exceptions, and reply exceptions, as well as possible appeals. Attached as Appendices A and B are Statements in Support submitted by I&E and Pike, respectively, setting forth the bases upon which the Parties believe the Settlement Agreement is in the public interest.
V. Conditions of Settlement
37. This document represents the Settlement Agreement in its entirety. No changes to obligations set forth herein may be made unless they are in writing and are expressly accepted by the parties involved. This Settlement Agreement shall be construed and interpreted under Pennsylvania law.
38. The Settlement is conditioned upon the Commission's approval of the terms and conditions contained in this Joint Petition for Approval of Settlement without modification. If the Commission modifies this Settlement Agreement, any party may elect to withdraw from this Settlement Agreement and may proceed with litigation or take such other action that is deemed appropriate and, in such event, this Settlement Agreement shall be void and of no effect. Such election to withdraw must be made in writing, filed with the Secretary of the Commission and served upon all parties within twenty (20) business days after entry of an Order modifying the Settlement.
39. The Parties agree that the underlying allegations were not the subject of any hearing or formal procedure and that there has been no order, findings of fact or conclusions of law rendered in this complaint proceeding. It is further understood that, by entering into this Settlement Agreement, Pike has made no concession or admission of fact or law and may dispute all issues of fact and law for all purposes in all proceedings that may arise as a result of the circumstances described in this Settlement Agreement.
40. The Parties acknowledge that this Settlement Agreement reflects a compromise of competing positions and does not necessarily reflect any party's position with respect to any issues raised in this proceeding.
41. This Settlement Agreement is being presented only in the context of this proceeding in an effort to resolve the proceeding in a manner that is fair and reasonable. This Settlement Agreement is presented without prejudice to any position that any of the parties may have advanced and without prejudice to the position any of the parties may advance in the future on the merits of the issues in future proceedings, except to the extent necessary to effectuate the terms and conditions of this Settlement Agreement. This Settlement does not preclude the Parties from taking other positions in any other proceeding but is conclusive in this proceeding and may not be reasserted in any other proceeding or forum except for the limited purpose of enforcing the Settlement by a Party.
42. The terms and conditions of this Settlement Agreement constitute a carefully crafted package representing reasonably negotiated compromises on the issues addressed herein. Thus, the Settlement Agreement is consistent with the Commission's rules and practices encouraging negotiated settlements set forth in 52 Pa. Code §§ 5.231 and 69.1201.
Wherefore, the Pennsylvania Public Utility Commission's Bureau of Investigation and Enforcement and Pike respectfully request that the Commission issue an Order approving the terms of this Settlement Agreement in their entirety as being in the public interest.
Respectfully Submitted,
Pennsylvania Public Utility Commission,
Bureau of Investigation and Enforcement
By: Grant Rosul
Prosecutor
PA Attorney ID No. 318204
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
400 North Street
Harrisburg, PA 17120
grosul@pa.govDated: July 3, 2024
Pike County Light & Power Company
By: Whitney E. Snyder
PA Attorney ID No. 316625
Hawke McKeon & Sniscak LLP
100 North Tenth Street
Harrisburg, PA 17105-1778
wesnyder@hmslegal.com
Counsel for Pike County Light & Power CompanyDated: July 3, 2024
Appendix A
BEFORE THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Pennsylvania Public Utility Commission, : Bureau of Investigation and Enforcement : : v. : Docket No. M-2024-3044226 : Pike County Light & Power Company : STATEMENT IN SUPPORT OF THE BUREAU OF INVESTIGATION AND ENFORCEMENT
TO THE HONORABLE PENNSYLVANIA PUBLIC UTILITY COMMISSION:
The Bureau of Investigation and Enforcement (''I&E'') offers the following Statement in Support of the Joint Petition for Approval of Settlement between Pike County Light & Power Company (''Pike'' or ''the Company'') and I&E (hereinafter referred to as the ''Parties'') for Pike's violation of the Pennsylvania Public Utility Code, 66 Pa.C.S. §§ 101 et seq. and Commission regulations.
I. Introduction
I&E is the entity established to prosecute complaints against public utilities and other entities subject to the Commission's jurisdiction pursuant to 66 Pa.C.S. § 308.2(a)(11); See Implementation of Act 129 of 2008; Organization of Bureaus and Offices, Docket No. M-2008-2071852 (Order entered August 11, 2011) (delegating authority to initiate proceedings that are prosecutory in nature to I&E).
Section 501(a) of the Code, 66 Pa.C.S. § 501(a), authorizes and obligates the Commission to execute and enforce the provisions of the Code. Section 701 of the Code, 66 Pa.C.S. § 701, authorizes the Commission, inter alia, to hear and determine complaints alleging a violation of any law or regulation that the Commission has jurisdiction to administer.
Pike is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102 as it is engaged in providing public utility service as an electric distribution company (''EDC'') in the Commonwealth of Pennsylvania to the public for compensation. Pike, as an EDC, is subject to the power and authority of the Commission pursuant to Section 501(c) of the Code, 66 Pa.C.S. § 501(c), which requires a public utility to comply with Commission regulations and orders.
Pursuant to Sections 331(a) and 506 of the Code, 66 Pa.C.S. §§ 331(a) and 506 and Section 3.113 of the Commission's regulations, 52 Pa. Code § 3.113, Commission staff has the authority to conduct informal investigations or informal proceedings in order to gather data and/or to substantiate allegations of potential violations of the Commission's regulations.
I&E instituted an informal investigation of Pike based on information referred to I&E by the Commission's Bureau of Consumer Services (''BCS'') regarding Pike's failure to provide BCS with the Quality-of-Service Reporting Data and Telephone Transaction Survey Data that Pike was required to provide pursuant to 52 Pa. Code §§ 54.153 and 54.154. I&E determined that this referral warranted further investigation to examine whether the actions of Pike violated the Code and Commission regulations.
However, after a thorough review of the case and discussion with Pike, the Parties have reached mutually agreeable settlement terms and believe that it is in the public interest to settle the matter.
II. Summary of Settlement
The Joint Petition for Approval of Settlement (''Settlement'') resolves all outstanding violations of the Code and Commission regulations stemming from Pike's failure to provide certain data to BCS in 2021, 2022, and 2023.
Under the terms of the Settlement, Pike shall submit an Implementation Plan (''the Plan'') to BCS, detailing how it plans to comply with the reporting requirements under 52 Pa. Code §§ 54.153 and 54.154 on a going-forward basis. Additionally, Pike will be subject to an enhanced reporting requirement, wherein the Company will report the required data on a quarterly basis in addition to reporting it on an annual basis for eight (8) quarters.
As part of the Plan, Pike will annually train employees responsible for gathering, organizing, and submitting data on the techniques and processes for so doing. Pike will also create a written policy and routines for gathering, organizing, and submitting data to BCS.
Pursuant to the Settlement, Pike will pay a $5,000 civil penalty within 30 days of the entry of a Commission Final Order approving the Settlement.
III. The Settlement is in the Public Interest and Satisfies the Rosi Factors to Determine the Appropriate Civil Penalty
Section 3301(a) of the Code provides that a public utility, or any other person or entity subject to the Code, violates any part of the Code, is subject to a civil penalty of not more than one thousand dollars ($1,000) per violation. 66 Pa.C.S. § 3301(a). The Code further provides that each and every day's continuance in the violation of the Code or any regulation, order, judgment, or decree shall be a separate and distinct offense. 66 Pa.C.S § 3301(b).
The Commission's Policy Statement regarding Factors and Standards for Evaluating Litigated and Settled Proceedings, 52 Pa. Code § 69.1201, lists the following factors which the Commission shall consider in determining the appropriate civil penalty as well as whether the Settlement is in the public interest:
(1) Whether the conduct at issue was of a serious nature. When conduct of a serious nature is involved, such as willful fraud or misrepresentation, the conduct may warrant a higher penalty. When the conduct is less egregious, such as administrative filing or technical errors, it may warrant a lower penalty.(2) Whether the resulting consequences of the conduct at issue were of a serious nature. When consequences of a serious nature are involved, such as personal injury or property damage, the consequences may warrant a higher penalty.(3) Whether the conduct at issue was deemed intentional or negligent. This factor may only be considered in evaluating litigated cases. When conduct has been deemed intentional, the conduct may result in a higher penalty.(4) Whether the regulated entity made efforts to modify internal practices and procedures to address the conduct at issue and prevent similar conduct in the future. These modifications may include activities such as training and improving company techniques and supervision. The amount of time it took the utility to correct the conduct once it was discovered and the involvement of top-level management in correcting the conduct may be considered.(5) The number of customers affected and the duration of the violation.(6) The compliance history of the regulated entity which committed the violation. An isolated incident from an otherwise compliant utility may result in a lower penalty, whereas frequent, recurrent violations by a utility may result in a higher penalty.(7) Whether the regulated entity cooperated with the Commission's investigation. Facts establishing bad faith, active concealment of violations, or attempts to interfere with Commission investigations may result in a higher penalty.(8) The amount of the civil penalty or fine necessary to deter future violations. The size of the utility may be considered to determine an appropriate penalty amount.(9) Past Commission decisions in similar situations.(10) Other relevant factors.52 Pa. Code § 69.1201(c).
Regarding the first factor, the conduct at issue was of a negligent or careless nature. The consequences of the conduct were not serious as envisioned by the second Rosi factor, as there was no personal injury or property damage, nor the risk of such consequences.
The third factor, whether the conduct at issue was intentional or negligent, is not relevant here, as this factor ''may only be considered in evaluating litigated cases.'' Here, the Parties have reached a settlement.
Regarding the fourth factor, Pike has committed to modifying its internal practices and procedures to avoid the conduct at issue and prevent future data collection and reporting failures. As detailed in the Settlement, Pike will, within 30 days of the entry date of the Commission's Final Order approving the Settlement, submit an Implementation Plan to BCS which will include the name and contact information of the person within Pike who will be responsible for gathering, organizing, and submitting data to BCS. Pike will also be subject to an enhanced reporting requirement, mandating that Pike report the data required by §§ 54.153 and 54.154 on a quarterly basis, and create a written policy and routine for collecting the data and annually train its employees responsible for gathering, organizing, and submitting data on the techniques and processes for so doing.
As to the fifth factor, the failure to report consumer data to the Commission does not directly affect customers, except that the failure to furnish such data may make it difficult for the Commission to understand the customer service provided by Pike, such as the reason for the customer's contact, the method of contact, and whether the customer was able to resolve the issue or reason for contacting Pike. As noted in the Settlement, after being contacted by I&E, Pike provided Telephone Transaction Survey Data for part of 2022 and for 2023. The data provided for part of 2022 indicated that 75 customers contacted Pike. The same data for 2023 indicated that 292 customers contacted Pike.
As to compliance history, the sixth Rosi factor, Pike has a satisfactory compliance history with the Commission. Aside from the violation at issue in the Settlement, Pike has not been the subject of any I&E complaint or formal customer complaints within the past three years.
Pike cooperated with I&E during the course of this investigation. However, it should be noted that, before BCS referred this matter to I&E, BCS attempted to work with Pike to resolve the matter and bring the Company into compliance with Commission regulations. As detailed in the Settlement, it was only after a lengthy period of Pike's non-compliance with §§ 54.153 and 54.154 that BCS referred the matter to I&E for enforcement action.
The amount of the civil penalty is sufficient to deter future violations of the subject Commission regulations by Pike. The civil penalty is reflective of the multiple years of uncollected customer data which Pike failed to provide to BCS, as well as the difficulty BCS faced in attempting to bring Pike into compliance without the involvement of I&E.
The penalty is similar to other cases involving violations of §§ 54.153 and 54.154.
IV. Conclusion
The Settlement is a fair and reasonable compromise between the Parties. Had this matter proceeded to litigation, Pike would have disputed the allegations in the Complaint and I&E would have been required to expend staff time and resources to prepare for and participate in the hearing. Aside from avoiding litigation, the Settlement is in the public interest because it appropriately penalizes Pike for its non-compliance with the Code and Commission regulations and puts future compliance efforts at the center of the agreement.
For the reasons set forth above, the Commission should approve the Joint Petition for Approval of Settlement, without modification.
Respectfully submitted,
Grant Rosul
Prosecutor
PA Attorney ID No. 318204Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120
(717) 783-5243
grosul@pa.gov
Appendix B
BEFORE THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Pennsylvania Public Utility Commission, : Bureau of Investigation and Enforcement : : v. : Docket No. M-2024-3044226 : Pike County Light & Power Company : STATEMENT OF PIKE COUNTY LIGHT & POWER COMPANY IN SUPPORT OF THE JOINT PETITION FOR APPROVAL OF SETTLEMENT
I. Introduction
1. Pike County Light & Power Company (''Pike'') hereby submits this Statement in Support of the Joint Petition for Approval of Settlement (''Joint Petition'' or ''Settlement'') filed by the Pennsylvania Public Utility Commission's (''Commission'') Bureau of Investigation and Enforcement (''I&E'') and Pike in the above-captioned proceeding. Pike supports the Settlement because it is in the public interest. Pike respectfully requests that the Commission approve the Settlement without modification.
2. On November 15, 2023, I&E initiated an informal investigation on Pike focusing on Pike's alleged failure to provide the Commission's Bureau of Consumer Services (''BCS'') with the Quality-of-Service Reporting Data and Telephone Transaction Survey Data pursuant to Sections 54.153 and 54.154 of the Commission's regulations respectively.
3. On February 26, 2024, I&E sent Pike a letter informing Pike of its informal investigation.
4. On April 19, 2024, Pike responded to I&E's letter and provided Quality-of-Service Data pursuant to Section 54.153(b)(2),(4), and (c) for 2021, 2022, and 2023. Pike also provided Telephone Transaction Data pursuant to Section 54.154 for half of 2022 and all of 2023.
5. Thereafter, Pike and I&E engaged in settlement discussions to resolve this matter in an amicable, efficient, and cost-effective manner sans litigation. This culminated in the Settlement signed on June 4, 2024.
6. The Settlement entered by Pike and I&E does not constitute an admission or admission of fault by Pike, or a violation of law or any other matter of fact. Nor is it an admission by Pike or finding against Pike of any fact or culpability in this matter or any subsequent proceeding. To resolve this matter in an amicable, efficient, and cost-effective manner, Pike agreed to the terms and conditions set forth in the Settlement.
II. Reasons Why Settlement is in the Public Interest
7. Approval of the Settlement is consistent with the law, is reasonable, and is in the public interest.
8. In evaluating a settlement in cases involving an alleged violation of the Public Utility Code, the Commission considers a variety of factors, known as the Rosi factors.4
9. Pike asserts that the Settlement is reasonable and is in the public interest based on the Rosi factors.
10. The first factor the Commission considers is whether the alleged violations were of a serious nature, such as willful fraud or misrepresentation, or were merely administrative or technical errors.5 Here, the alleged violations do not involve fraud or misrepresentations. The alleged violations are akin to an administrative error in that they involve failure to submit reports.
11. The second factor is whether the resulting consequences of the actions were of a serious nature.6 The alleged violations regarding reporting do not involve conduct of a serious nature.
12. The third factor is whether the alleged conduct at issue was intentional or negligent.7 However, this factor is only considered in evaluating litigated cases.8 Because this is not a litigated proceeding, this factor is not considered here.
13. The fourth factor is whether Pike has made efforts to change its practices and procedures to prevent similar conduct in the future.9 The Settlement itself expressly provides for how Pike will change its practices and procedures to ensure compliance. Within 30 days of the Commission approving the Settlement, Pike will submit an Implementation Plan to BCS detailing how it will comply with the reporting requirements under Sections 54.153 and 54.154 on a going-forward basis.
14. The fifth factor to be considered is the number of customers affected by Pike's actions and the duration of the alleged violations.10 Pike's alleged violations of certain reporting requirements did not affect any of its customers. Additionally, Pike was prompt in supplying the appropriate information to I&E during its investigation.
15. The sixth factor relates to Pike's compliance history.11 Pike has a satisfactory compliance history with the Public Utility Code and the Commission's regulations.
16. The seventh and eighth factors relate to whether Pike cooperated with I&E and the appropriate settlement amount.12 Pike has been cooperative with I&E during its investigation and settlement discussions. Further, Pike's payment of $5,000 constitutes a reasonable and appropriate resolution of the dispute in this proceeding, along with Pike's commitment to implement a plan to avoid future violations.
17. The ninth factor relates to past Commission decisions in similar matters.13 The Settlement is consistent with prior Commission decisions regarding alleged reporting deficiencies.
18. The Settlement reached between Pike and I&E prior to the filing of a formal complaint and litigating this matter is in the public interest and is reasonable. Therefore, this statement supports the Settlement reached between the parties with respect to matters related to I&E's informal investigation.
III. Conclusion
For all these reasons, and those stated in the Joint Petition, Pike County Light & Power Company believes that the Settlement is in the public interest and reasonable and respectfully requests that the Commission approve the Settlement without modification, and find that the terms and conditions of the Settlement are consistent with the law and the public interest.
Respectfully submitted,
Whitney E. Snyder, Attorney
I.D. No. 316625
Hawke McKeon & Sniscak LLP
100 North Tenth Street
Harrisburg, PA 17101
Telephone: (717) 236-1300
wesnyder@hmslegal.com
Counsel for Pike County Light & Power Company
BEFORE THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Pennsylvania Public Utility Commission, : Bureau of Investigation and Enforcement : : v. : Docket No. M-2024-3044226 : Pike County Light & Power Company : CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true copy of the foregoing Joint Petition for Approval of Settlement, in the manner and upon the parties listed below, in accordance with the requirements of 52 Pa. Code § 1.54 (relating to service by a party).
Service via Electronic Mail
Whitney E. Snyder, Esq.
Hawke McKeon & Sniscak LLP
100 North Tenth Street
Harrisburg, PA 17101
wesnyder@hmslegal.com
Counsel for Pike County Light & Power CompanyGrant Rosul
Prosecutor
Bureau of Investigation and Enforcement
PA Attorney ID No. 318204
(717) 783-5243
grosul@pa.govDated: July 3, 2024
[Pa.B. Doc. No. 24-1404. Filed for public inspection September 27, 2024, 9:00 a.m.] _______
1 Attached to this Opinion and Order for publication is the Settlement Agreement as well as the Statement of Support of I&E (Appendix A) and the Statement of Support of Pike (Appendix B) (collectively Attachment A).
2 See 52 Pa. Code § 5.231(a).
3 See 52 Pa. Code § 5.231(a).
4 See 52 Pa. Code § 69.1201(c); see also Rosi v. Bell Atlantic-Pa, Inc. and Spring Communications Company, Docket No. C-0092409 (Final Order entered Feb. 10, 2000) (''Rosi'').
5 52 Pa. Code § 69.1201(c)(1).
6 52 Pa. Code § 69.1201(c)(2).
7 52 Pa. Code § 69.1201(c)(3).
8 Id.
9 52 Pa. Code § 69.1201(c)(4).
10 52 Pa. Code § 69.1201(c)(5).
11 52 Pa. Code § 69.1201(c)(6).
12 52 Pa. Code § 69.1201(c)(7), (8).
13 52 Pa. Code § 69.1201(c)(9).
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