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PA Bulletin, Doc. No. 01-1908

NOTICES

Default Order

[31 Pa.B. 5861]

Public Meeting held
September 26, 2001

Commissioners Present:  Glen R. Thomas, Chairperson; Robert K. Bloom, Vice-Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Woodruff Energy, t/a Woodruff Oil Company (2000.0227); Doc. No. C-00014714; A-110046

Default Order

By the Commission:

   On January 16, 2001, the Law Bureau Prosecutory Staff instituted a complaint against Woodruff Energy, t/a Woodruff Oil Company (the Respondent), an electric generation supplier (EGS) licensed at A-110046. In the complaint, Prosecutory Staff alleged that Commission staff had notified Respondent by letter dated August 18, 1998 that its surety bond was due to expire on October 31, 1998 and that Respondent had 30 days to provide proof that it had obtained a bond or other approved security in order for its EGS license to remain in force. The Prosecutory Staff complaint also alleged that by Secretarial letter dated November 24, 1998, the Commission notified Respondent that it had to update its prior license application by December 7, 1998, in order to obtain a permanent license.

   Furthermore, the complaint alleged that the Commission sent a second Secretarial letter dated May 6, 1999, informing Respondent that it had 10 days to provide a bond or other approved security in order for its EGS license to remain in force.

   Pursuant to Section 2809(c)(1)(i) of the Public Utility Code, 66 Pa.C.S. § 2809(c)(1)(i), no energy supplier license shall be issued or remain in force unless the supplier furnishes a bond or other security approved by the Commission in form and amount to ensure financial responsibility of the EGS.

   The complaint charged that Respondent violated 66 Pa.C.S. § 2809(c)(1)(i), (relating to EGS bonds or other security) and the Commission regulation at 52 Pa. Code § 54.40 by failing to renew its surety bond, and requested as a remedy that the Commission issue an order canceling the Respondent's EGS license and imposing a civil penalty of $1,000.

   According to the postal return receipt, service of the complaint was perfected on January 22, 2001. To date, more than 20 days after service of the complaint, no answer has been filed to the complaint and the surety bond has not been renewed; Therefore,

   It is Ordered:

   1.  That the allegations in the Law Bureau Prosecutory Staff's complaint are deemed admitted and the complaint is hereby sustained.

   2.  That the EGS license held by Woodruff Energy, t/a Woodruff Oil Company at A-110046, is hereby cancelled.

   3.  That a civil penalty of $1,000 is hereby imposed against Woodruff Energy, t/a Woodruff Oil payable to the Pennsylvania Public Utility Commission at P. O. Box 3265, Harrisburg, PA 17105-3265, and due within 20 days of the entry date of this Order.

   4.  That the Secretary strike the name of Woodruff Energy, t/a Woodruff Oil from all active-utility lists maintained by the Annual Report Section of the Secretary's Bureau and the Assessment Section of the Bureau of Administrative Services.

   5.  That if the civil penalty is not paid within the time given, pursuant to Ordering Paragraph No. 3, the Office of Executive Director is hereby directed to refer the $1,000 civil penalty to the Office of Attorney General for collection as appropriate.

   6.  That notice of this Default Order shall be published in the Pennsylvania Bulletin.

   7.  That the Secretary serve a copy of this Default Order upon all jurisdictional electric distribution companies (EDC) as well as the Pennsylvania Department of Revenue.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 01-1908. Filed for public inspection October 19, 2001, 9:00 a.m.]



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