PUC Issues Tentative Order Seeking To Revoke Licenses Of Over A Dozen Retail Suppliers, Brokers (Including Active Suppliers) For Alleged Fee Non-Payment
March 2, 2023
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The Pennsylvania PUC issued a tentative order under which the PUC would conclude that 18 natural gas retail suppliers and brokers, including several active suppliers, have either failed to pay a required annual or supplemental fee to the PUC, or have failed to file an annual report. The tentative order proposes to revoke the natural gas licenses of such entities
The tentative order is not final, and an entity's inclusion within the tentative order should not be construed as a finding that the supplier has not complied with any rule or regulation. Similar prior tentative orders from the PUC have included erroneous information
Notably, the alleged compliance deficiencies alleged in the March 2, 2023 tentative order are as of February 21, 2023, and ostensibly would not reflect any resolution of the matters beyond such date.
Entities may challenge the draft findings of the tentative order, or otherwise come into compliance by a deadline established in the tentative order, in order to avoid license revocation
The identity of suppliers and brokers subject to the tentative order can be found in the tentative order here
The Public Utility Code authorizes the Pennsylvania Public Utility Commission
(Commission) to establish, by order or rule, on a reasonable cost basis, fees to be charged
for annual activities related to the oversight of natural gas suppliers (NGS). 66 Pa.
C.S. § 2208(h). NGSs are required to pay these fees. In addition, NGSs are required to
file annual reports with the Commission by April 30 of each year identifying their gross
Pennsylvania intrastate operating revenues from the prior calendar year. 52 Pa.
Code § 62.110(a)(1).
NGSs are required to pay the $350 flat annual fee to the Commission’s Bureau of
Administration by July 1 of each year. Suppliers with reported gross intrastate operating
revenues are also required to pay the supplemental fee to the Commission within thirty
days of receiving the Commission issued supplemental fee invoice.
The tentative order states, "On May 4, 2022, the Commission sent all NGS brokers and suppliers an Annual
Fee Invoice with payment due by July 1, 2022. On July 27, 2022, a past due balance
letter was sent to delinquent NGS brokers and suppliers requesting that the past due
annual fee be paid within 20 days of the date of the letter."
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The tentative order states, "On September 8, 2022, the Commission sent NGS suppliers a Supplemental Fee
invoice and an explanation of the Supplemental Fee with payment due within 30 days of
receipt of the invoice. On December 13, 2022, the Commission sent past due balance
letters to delinquent NGS suppliers stating that the past due supplemental fee must be
paid within 20 days of the date of the letter."
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