Tentative Order Would Cancel Licenses Of 3 Retail Suppliers, 7 Brokers
November 04,2020
The Pennsylvania PUC on October 29 issued another tentative order proposing to cancel the licenses of 3 retail suppliers and 7 brokers, for their alleged failure to provide proof to the Commission, in a format required by the PUC, that the company has a bond or other approved security in the amount directed by the Commission, to replace its expired bond
The tentative order is not final and may be contested by the companies
Similar PUC tentative orders in the past have listed companies as failing to file security with the PUC when the companies had, in fact, done so. For that reason, we will not excerpt the list of companies here, but the list may be found in this PUC order, in Docket M-2019-3006865
Moreover, the issue may be the demonstration of compliance via the filing of proof of security in the manner prescribed by the PUC (with, in some cases, the company attempting to demonstrate compliance but whose submission does not meet the PUC requirements), rather than security not being in place
Indeed, the October 29 tentative order states that its data is based on information received by the PUC as of October 20, so it may not reflect any proof of security received since such date (which may not have been in compliance with deadlines but nevertheless shows the issue may have been rectified already)
We again caution that a company's inclusion on the tentative order list should not necessarily be taken as an indication of non-compliance, particularly as the PUC has erroneously included multiple fully compliant companies in a prior tentative order. Furthermore, inclusion on the list does not necessarily mean a company does not have the required security, only that the company has failed to demonstrate its compliance with the security requirement in the manner required by the PUC