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PA Bulletin, Doc. No. 08-607



Default Order

[38 Pa.B. 1570]
[Saturday, March 29, 2008]

Public Meeting held
March 13, 2008

Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice-Chairperson; Tyrone J. Christy; Kim Pizzingrilli

Pennsylvania Public Utility Commission Law Bureau
Prosecutory Staff v. Exergy Group, LLC
(2006.0295.00); C-20077664; A-311246

Default Order

   On April 23, 2007, the Law Bureau Prosecutory Staff filed a Formal Complaint against Exergy Group, LLC (the Respondent), a reseller of toll services carrier certificated at A-311246. 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 2005 Annual Report was due. The Complaint charged that the Respondent violated 66 Pa.C.S. § 504 by failing to file its 2005 Annual Report. The Complaint requested that the Commission issue an order cancelling the Respondent's certificate of public convenience for failure to file its 2005 Annual Report.

   According to the U.S. Postal Service return receipt, the Complaint was not served because it was unclaimed. To date, more than 20 days later, no answer has been filed to the Complaint and the 2005 Annual Report has not been filed. In addition, we are not aware that Respondent has any current customers in Pennsylvania, and Respondent was never assigned any NXX codes.

   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 its 2005 Annual Report and upon our inability to serve the Complaint, we conclude that revocation of Exergy Group, LLC's certificate of public convenience is in the public interest. Furthermore, the Commission may take other appropriate action, including the imposition of penalties under section 3301, in lieu of cancellation, 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.  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.

   3.  Exergy Group, LLC immediately cease providing service to any new customers and, within 10 days of the entry date of this Order, provide written notice to any existing customers directing each to select an alternative service provider within 30 days of the date of the notice. Such notice must include a statement of the Commission's intent to cancel the company's certificate of public convenience absent adverse public comment within the 20-day comment period established pursuant to Ordering Paragraph No. 2, above.

   4.  Absent the filing of adverse public comment, 30 days after publication in the Pennsylvania Bulletin and without further action by the Commission, the certificate of public convenience held by Exergy Group, LLC at A-311246 shall be cancelled, and the company's name stricken from all active-utility lists maintained by the Tariff and Annual Report Section of the Commission's Bureau of Fixed Utility Services and the Assessment Section of the Bureau of Administrative Services.


[Pa.B. Doc. No. 08-607. Filed for public inspection March 28, 2008, 9:00 a.m.]

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