V. LEGACY VIOLATED P.U. CODE §489(a) BY FAILING TO FILE ITS COMPLETE TARIFF TIMELY
P. U. Code §489(a) requires every public utility to file with the Commission schedules showing all rates, tolls, rentals, charges, and classifications collected or enforce.
In CPSD's Protest of Legacy's Application A 06-11-003, Staff raised and Legacy admitted40 that Legacy failed to file timely its complete tariff with the Commission. In November 2006, Communications Division Director John Leutza sent a letter to all regulated telecommunications companies, asking that each company file with the Communications Division its complete and current tariff on a compact disc by January 2, 2007. Legacy did not comply with this request until ordered to do so by ALJ Patrick on June 20, 2007 at a prehearing conference relating to Legacy's request for expanded CPCN41. Legacy violated P.U. Code §489(a) by failing to file timely its complete tariffs with the Commission. In his testimony in response to CPSD's protest of its CPCN application, Legacy President Brown admitted that certain errors led it to violate its tariff.42 Legacy also admitted in response to a Staff data request that it billed consumers under rate sheets it had not filed.43
40 Appendix 8, Testimony of Legacy President Curtis Brown, November 7, 2007 p. 1, lines 1-18.
41 As stated in the Background section, Legacy has withdrawn its Application for the expanded CPCN.
42 Appendix 8, Testimony of Legacy President Curtis Brown, p.1, lines 11-18.
43 Appendix 30, Legacy Supplemental Responses to Data Request 3-2
