PSC Fixes Amount For Retail Supplier Fine, Refers Unpaid Fine To State Collection Unit

The Maryland PSC has referred an unpaid civil penalty imposed on Blue Pilot Energy LLC to the Maryland State Central Collection Unit.

In a notice from the PSC's Secretary, the PSC said, "On April 16, 2016, Public Utility Law Judge Ryan McLean issued a Proposed Order in this [customer complaint] matter that, inter alia, ordered Blue Pilot Energy LLC (Blue Pilot) to refund $8,732.10 to Chenoweth & Associates, Inc. (Chenoweth) 'not later than 10 days from the date that a final order is entered in this proceeding.' No party appealed Judge McLean’s order and, pursuant to Maryland Code, Public Utilities Article (PUA) §§ 3-104(d)(3) and 3-113(d)(2), that order became final on June 1, 2016."

The notice from the PSC's Secretary stated, "Blue Pilot failed to pay the refund to Chenoweth as ordered. Consequently, on August 17, 2016, the Commission found that Blue Pilot violated the Order and continues to violate that order on an ongoing basis until Chenoweth is paid. Pursuant to PUA § 13-201(b), the Commission entered an order ('Penalty Order') imposing a civil penalty in the amount of $300.00 per day against Blue Pilot beginning 10 days from the date of the order until such time as Blue Pilot complied by paying Chenoweth as ordered."

The notice from the PSC's Secretary stated, "Prior to the issuance of the Penalty Order, on May 13, 2015, Blue Pilot filed a request to cease authority and cancel its license to operate as an electricity supplier in Maryland.4 The Commission considered this request at the June 10, 2015 Administrative Meeting and denied the request, directing the company to resubmit a cancelation request 'after resolving all open customer complaints filed with the Commission.'"

The notice from the PSC's Secretary stated, "At this time, however, Blue Pilot is no longer actively engaging in the business of an electricity supplier in Maryland but still has failed to pay the refund to Chenoweth. Consequently, the Commission finds no purpose is being served in continuing the daily fine. One hundred ninety days have elapsed since August 28, 2016 when the daily fine commenced. Accordingly, the Commission fixes the civil penalty against Blue Pilot Energy LLC in this matter in the amount of $57,000 and hereby cancels its license to operate as an electricity supplier in Maryland. The Maryland Public Service Commission Blue Pilot Energy LLC fiscal account will be sent to the Maryland State Central Collection Unit."

Case No. 9382(a)