PENNSYLVANIA

PUBLIC UTILITY COMMISSION

Harrisburg, PA 17105-3265

Public Meeting held February 10, 2000

Commissioners Present:

John M. Quain, Chairman

Robert K. Bloom, Vice Chairman

Nora Mead Brownell

Aaron Wilson, Jr.

Terrance J. Fitzpatrick

Pennsylvania Public Utility Commission
v.
Georjan, Inc. / A00103827C9901

OPINION AND ORDER

BY THE COMMISSION:

Before us for consideration is a Letter which we will construe as a LetterPetition for Reinstatement (Petition) filed by Georjan, Inc. (Respondent) on November2, 1999, relative to the abovecaptioned proceeding.

History of the Proceeding

On May13, 1999, the Bureau of Transportation and Safety (BTS) instituted a Complaint against the Respondent alleging the Respondent’s failure to pay outstanding assessments in the amount of $7,622.00, in violation of the Public Utility Code, 66Pa. C.S. §510(c). Consequently, the Respondent’s authority was canceled, and its Certificate of Public Convenience was revoked.

The Complaint and Notice were served on the Respondent on or about June9, 1999. The Respondent was given twenty(20) days within which to either file an Answer or to provide evidence of payment of its outstanding assessments. The Respondent stated, in a letter dated July14, 1999 (but not received in the Secretary’s Office until November2, 1999), that it did not receive the Complaint until some time after the date stipulated in the May13, 1999 Complaint.

In addition, the Respondent stated in its letter that the Complaint was hand delivered by a Commission “field man” due to the Commission’s use of an incorrect address. The Respondent added that its response to the Complaint was promptly sent. However, our records do not reflect any such letter having been received. Therefore, by Secretarial Letter dated July12, 1999, the Complaint was sustained and the Respondent’s authority was canceled, and its Certificate of Public Convenience was revoked.

On November2, 1999, the Respondent filed the instant Letter which we will construe as a LetterPetition seeking reinstatement of its authority to operate within the Commonwealth. In its Petition, the Respondent contends that it does not have an outstanding assessment in the amount of $7,622.00 and has alleged that it has challenged this amount by written responses. A review of the Commission’s records reveals that we did not receive any such written responses. In its letter, the Respondent requests a formal hearing to formally resolve this matter.

Discussion

Consideration of the Petition is not appropriate. The Respondent is a corporation, and, as such, must be represented by counsel in all aspects of the administrative process. This is consistent with Pennsylvania law and Commission precedent. See LeStat Corp.v. PP&L, Docket No.C00946284 (Order entered August30, 1995), and Pa. PUCv. Saint Cab, Inc., Docket No.A00112474M9902 (Order entered January28, 2000).

The Commission has identified five(5) factors which are particularly relevant to the determination of a Petition for Reinstatement. However, in the instant proceeding the Respondent has failed to meet its threshold requirement of having legal counsel. Given the fact that the Respondent does not have legal representation as required by Pennsylvania law and consistent with Commission precedent, it is inappropriate to entertain the instant Petition and to address these factors at this time; THEREFORE,

IT IS ORDERED: That the LetterPetition for Reinstatement filed by Georjan, Inc., on November 2, 1999, is denied consistent with this Opinion and Order.

BYTHE COMMISSION,

James J. McNulty

Secretary

(SEAL)

ORDER ADOPTED: February10, 2000

ORDER ENTERED:

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