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PA Bulletin, Doc. No. 04-1467



Rescission Order

[34 Pa.B. 4344]

Public Meeting held
July 23, 2004

Commissioners Present:  Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland

Pennsylvania Public Utility Commission Law Bureau Prosecutory Staff v. Coleman Enterprises, Inc. (2003.0264); Doc. No. C-20031974; A-310572

Rescission Order

By the Commission:

   On October 17, 2003, Law Bureau Prosecutory Staff filed a Formal Complaint against Coleman Enterprises, Inc. (Coleman or Respondent), an IXC reseller certificated at A-310572, for failure to file its 2002 Annual Report. Subsequently, on April 8, 2004, the Commission entered a Default Order that sustained the complaint and cancelled Respondent's certificate of public convenience. The notice of the Default Order was published April 24, 2004, at 34 Pa.B. 2252 with a 20-day comment period.

   On April 23, 2004, Respondent filed a Petition for Reconsideration and its 2002 Annual Report. Because its Petition was filed prior to the deadline stated in the Default Order, we will treat Coleman's pleading as a Petition for Rescission.

   In its Petition, Respondent stated that it never received notice of the Complaint because it went to the wrong address. Coleman stated that it learned of the Complaint after it was served with the Default Order on April 15, 2004. In response to the Default Order, Coleman then filed its 2002 Annual Report and the instant Petition. Respondent alleged that the Complaint went to an old address, even though the Default Order was mailed to Coleman's current address that Coleman has used for the last 5 years. Commission records confirm that the Complaint went to an old address. While Commission records have since been updated to note Respondent's current address, it is not clear when the Commission received notification of the address change.

   Based upon the evidence, it appears that the Complaint as well as the earlier certified letter notifying Coleman of its noncompliance were indeed sent to an incorrect address. We will therefore grant Respondent's request for rescission of the Default Order. Additionally, we will not require Coleman to pay the $250 late-filing fee. We do not believe that any public benefit in the form of deterrent effect will inure from imposing a monetary penalty in this case. However, we caution Respondent that all future Annual Reports must be timely filed and all Commission correspondence must be answered in a timely manner. We also remind Respondent of the requirement to immediately notify the Commission of any address changes. The Commission hereby puts Coleman and the rest of 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 another remedy as the Commission may deem appropriate; Therefore,

It Is Ordered That:

   1.  The Default Order entered April 8, 2004 at this docket is hereby rescinded.

   2.  A copy of this order be published in the Pennsylvania Bulletin.


[Pa.B. Doc. No. 04-1467. Filed for public inspection August 6, 2004, 9:00 a.m.]

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