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PA Bulletin, Doc. No. 05-1466

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Default Orders

[35 Pa.B. 4275]

Public Meeting held
July 14, 2005

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Wally Gas Co. (2004.0267.00); C-20044078; A-123350

Default Order

By the Commission:

   On December 23, 2004, the Law Bureau Prosecutory Staff filed a Formal Complaint against Wally Gas Co. (the Respondent), a gas utility certificated at A-123350. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2003 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2003 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2003 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on December 24, 2004. To date, more than 20 days later, no answer has been filed to the Complaint and the 2003 Annual Report has not been filed.

   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. Based on Respondent's failure to file an answer to the Complaint or file its 2003 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.

   2.  Wally Gas Co. is hereby directed to file its 2003 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

JAMES J. MCNULTY,   
Secretary

Default Order

Public Meeting held
July 14, 2005

FOR ALL DEFAULTS AND IMPLEMENTATION

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Songer, Kenneth (2004.0267.00); C-20044083; A-125115

Default Order

By the Commission:

   On December 23, 2004, the Law Bureau Prosecutory Staff filed a Formal Complaint against Songer, Kenneth (the Respondent), a gas utility certificated at A-125115. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2003 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2003 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2003 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on December 27, 2004. To date, more than 20 days later, no answer has been filed to the Complaint and the 2003 Annual Report has not been filed.

   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. Based on Respondent's failure to file an answer to the Complaint or file its 2003 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.

   2.  Songer, Kenneth is hereby directed to file its 2003 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

JAMES J. MCNULTY,   
Secretary

Default Order

Public Meeting held
July 14, 2005

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Shady Lane Water Co. (2004.0267.00); C-20044084; A-212710

Default Order

By the Commission:

   On December 23, 2004, the Law Bureau Prosecutory Staff filed a Formal Complaint against Shady Lane Water Co. (the Respondent), a water utility certificated at A-212710. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2003 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2003 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2003 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on December 30, 2004. To date, more than 20 days later, no answer has been filed to the Complaint and the 2003 Annual Report has not been filed.

   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. Based on Respondent's failure to file an answer to the Complaint or file its 2003 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.

   2.  Shady Lane Water Co. is hereby directed to file its 2003 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

JAMES J. MCNULTY,   
Secretary

Default Order

Public Meeting held
July 14, 2005

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Nittany Water Co. (2004.0267.00); C-20044086; A-212090

Default Order

By the Commission:

   On December 23, 2004, the Law Bureau Prosecutory Staff filed a Formal Complaint against Nittany Water Co. (the Respondent), a water utility certificated at A-212090. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2003 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2003 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2003 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on December 23, 2004. To date, more than 20 days later, no answer has been filed to the Complaint and the 2003 Annual Report has not been filed.

   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. Based on Respondent's failure to file an answer to the Complaint or file its 2003 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.

   2.  Nittany Water Co. is hereby directed to file its 2003 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

JAMES J. MCNULTY,   
Secretary

Default Order

Public Meeting held
July 14, 2005

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Ligonier Mountain Land Co. (2004.0267.00); C-20044090; A-210108

Default Order

By the Commission:

   On December 23, 2004, the Law Bureau Prosecutory Staff filed a Formal Complaint against Ligonier Mountain Land Co. (the Respondent), a water utility certificated at A-210108. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2003 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2003 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2003 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on January 3, 2005. To date, more than 20 days later, no answer has been filed to the Complaint and the 2003 Annual Report has not been filed.

   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. Based on Respondent's failure to file an answer to the Complaint or file its 2003 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.

   2.  Ligonier Mountain Land Co. is hereby directed to file its 2003 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

JAMES J. MCNULTY,   
Secretary

Default Order

Public Meeting held
July 14, 2005

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Ligonier Mountain Land Co. (2004.0267.00); C-20044091; A-230088

Default Order

By the Commission:

   On December 23, 2004, the Law Bureau Prosecutory Staff filed a Formal Complaint against Ligonier Mountain Land Co. (the Respondent), a wastewater utility certificated at A-230088. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2003 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2003 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2003 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on December 27, 2004. To date, more than 20 days later, no answer has been filed to the Complaint and the 2003 Annual Report has not been filed.

   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. Based on Respondent's failure to file an answer to the Complaint or file its 2003 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.

   2.  Ligonier Mountain Land Co. is hereby directed to file its 2003 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

JAMES J. MCNULTY,   
Secretary

Default Order

Public Meeting held
July 14, 2005

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Kilbuck Run Disposal Corp. (2004.0267.00); C-20044092; A-230203

Default Order

By the Commission:

   On December 23, 2004, the Law Bureau Prosecutory Staff filed a Formal Complaint against Kilbuck Run Disposal Corp. (the Respondent), a wastewater utility certificated at A-230203. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2003 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2003 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2003 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on December 24, 2004. To date, more than 20 days later, no answer has been filed to the Complaint and the 2003 Annual Report has not been filed.

   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. Based on Respondent's failure to file an answer to the Complaint or file its 2003 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.

   2.  Kilbuck Run Disposal Corp. is hereby directed to file its 2003 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

JAMES J. MCNULTY,   
Secretary

Default Order

Public Meeting held
July 14, 2005

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Ken-Man Water Company (2004.0267.00); C-20044093; A-211430

Default Order

By the Commission:

   On December 23, 2004, the Law Bureau Prosecutory Staff filed a Formal Complaint against Ken-Man Water Company (the Respondent), a water utility certificated at A-211430. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2003 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2003 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2003 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on December 23, 2004. To date, more than 20 days later, no answer has been filed to the Complaint and the 2003 Annual Report has not been filed.

   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. Based on Respondent's failure to file an answer to the Complaint or file its 2003 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.

   2.  Ken-Man Water Company is hereby directed to file its 2003 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

JAMES J. MCNULTY,   
Secretary

Default Order

Public Meeting held
July 14, 2005

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Barkeyville Gas Co. (2004.0267.00); C-20044101; A-120010

Default Order

By the Commission:

   On December 28, 2004, the Law Bureau Prosecutory Staff filed a Formal Complaint against Barkeyville Gas Co. (the Respondent), a gas utility certificated at A-120010. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2003 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2003 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2003 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on December 31, 2004. To date, more than 20 days later, no answer has been filed to the Complaint and the 2003 Annual Report has not been filed.

   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. Based on Respondent's failure to file an answer to the Complaint or file its 2003 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.

   2.  Barkeyville Gas Co. is hereby directed to file its 2003 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

JAMES J. MCNULTY,   
Secretary

Default Order

Public Meeting held
July 14, 2005

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Conneaut Lake Park, Inc. (2004.0267.00); C-20044104; A-210096

Default Order

By the Commission:

   On December 28, 2004, the Law Bureau Prosecutory Staff filed a Formal Complaint against Conneaut Lake Park, Inc. (the Respondent), a water utility certificated at A-210096. In the Complaint, Prosecutory Staff alleged that the Commission sent by certified mail prior written notices to the Respondent that pursuant to 66 Pa.C.S. § 504 its 2003 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2003 Annual Report. The Complaint requested that the Commission issue an order imposing a civil penalty in the amount of $1,000 for failure to file its 2003 Annual Report.

   According to the United States Postal Service return receipt, the Complaint was served on December 31, 2004. To date, more than 20 days later, no answer has been filed to the Complaint and the 2003 Annual Report has not been filed.

   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. Based on Respondent's failure to file an answer to the Complaint or file its 2003 Annual Report, we conclude that a civil penalty in the amount of $1,000 is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of further penalties under Section 3301, if Respondent seeks relief from this Default Order; Therefore,

It Is Ordered That:

   1.  The allegations in the Law Bureau Prosecutory Staff's Complaint are deemed admitted and the Complaint is thereby sustained.

   2.  Conneaut Lake Park, Inc. is hereby directed to file its 2003 Annual Report and pay a civil penalty in the amount of $1,000 within 30 days of the entry date of this order.

   3.  The Secretary serve a copy of this Default Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, the Office of Trial Staff, and the Attorney General's Bureau of Consumer Protection, and also cause a copy of this Default Order to be published in the Pennsylvania Bulletin with a 20-day comment period.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 05-1466. Filed for public inspection July 29, 2005, 9:00 a.m.]



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