Attorney General Seeks Sanctions Against Retail Supplier Over Discovery
September 04,2015
The Pennsylvania Attorney General and Office of Consumer Advocate have petitioned the Pennsylvania PUC to impose sanctions on Blue Pilot Energy, LLC, alleging that Blue Pilot failed, "to serve full and complete responses to Joint Complainants' interrogatories and requests for production of documents."
Among other things, the AG and OCA allege that, per an ALJ's order concerning disputed interrogatories, Blue Pilot was directed to answer the AG and OCA's request to, "describe in detail the 'desired rate of return' Blue Pilot used in calculating rates for Pennsylvania customers on variable rate plans from March 31, 2012 until December 31, 2014."
The AG and OCA allege that Blue Pilot's response to this interrogatory failed to substantively address the request. The AG and OCA alleged numerous other responses which failed to answer the interrogatories as required
The AG and OCA requested that the ALJs make several findings in light of Blue Pilot's alleged non-responsiveness, including that the ALJs, "direct that it is established in this matter that Blue Pilot's prices charged to Pennsylvania consumers do not match the pricing description in the Company's Disclosure Statement and that Blue Pilot shall not be permitted to rebut this finding at hearings or in briefs as a sanction for the failure to fully and completely answer Joint Complainants' Set VIII-2."
The AG and OCA also requested that Blue Pilot be fined $900 per day per alleged violation until such time it complies with discovery.