ASBG Management Servces, Inc, P.O. Box 549 Abngton, PA 19001 Phone 215.938.6665 Fax 2 J 5.938.7613 October 6,2014 Rosemary Chavetta, Secretary Pennsylvana Publc Utlty Commsson P.O. Box 3265 Harrsburg, PA 17t 05-3265 ' RE: SBG Management Servces, Inc. (and related enttes) v. PGW, Docket Nos. C-2012-2304167; C-2012-23041S3: C-2012-2304215: C-2012-2304303: C-2012-2304324: C-2QI2-2308454: C-2012-2308462: C-2012-2308465: and C-2012-2334253 Dear Secretary Chavetta: On behalf of the Complanants n the above-referenced matters, enclosed for flng s the ongnal Moton To Compel Responses to Set fl Dscovery Requests and orgnal "Notce to Plead" for the Moton for Compel. Copes to be served n accordance wth the attached Certfcate of Servce. Ths Moton s also beng fled by Frst-Class, overnght mal, wth the Commsson today. Ifyou have questons or requre addtonal nformaton, please do not hestate to contact me at 215-938-6665 or 484-888-9578 or as descrbed n the contact nformaton, below. Your assstance n ths matter s greatly apprecated. D6nna S. Ross, Esqure Attorney for Complanants General Counsel, SBG Management Servces, Inc. P.O. Box 549, Abngton, PA 19001 c: 484-888-9578 c: dsrosstashgmanagment.com: dsross90@gmal.com OCT 6 20H PA PUBLIC UTILITY COMMISSION SECRETARY'S BUREAU Enclosure cc: AL) Eranda Vero [by overnght, Frst Class mal] Laureto Farnas, Esqure, Phladelpha Gas Works (by overnght, Frst Class mal) Phl Pulley, SBG Management Servces, Inc. (by hand-delvery) Kathy Treadwell, SBG Management Servces, Inc. (by hand-delvery)
Donna S. Ross Attorney for Complanants SBG Management Servces, Inc. P.O. Box 549 Abngton, PA 19001 P: 215-938-6665; M: 484-888-9578 E: dsrossfsjsb^manamnent.com; dsross90falmnal.com Attorney ID. No. 59747 0 I ^ 6 2014 ""sssassas- BEFORE THE PENNSYLVAMA PUBLIC UTILITY COMMISSION COLONIAL GARDEN REALTY, LP Complanant FAIRMOUNT REALTY Comptummt SIMON GARDENS REALTY, LP Complanant ELRAE GARDEN REALTY, LP Complanant SBG MANAGEMENT MARSHALL SERVICES, INC./ SQUARE REALTY, LP Complanant MARCHWOOD REALTY Complanant Responden/ OAK LANE REALTY CO., LP DOCKET NO. C-2012-2304183 DOCKET NO. C-2012-2304215 DOCKET NO. C-2012-2304324 DOCKET NO. C-2012-2304167 DOCKET NO. C-2012-2304303 DOCKET NO. C-2012-2308454 DOCKET NO. C-2012-2308462
Complanant FERN ROCK REALTY Complanant SBG MANAGEMENT COLONIAL GARDEN REALTY, LP Complanant PHILADELPHIA SERVICES, INC./ GAS WORKS DOCKET NO. C-2012-2308465 DOCKET NO. C-2012-2334253 COMPLAINANTS', SBG MANAGEMENT SERVICES, INC., COLONIAL GARDEN REALTY CO. (I and II), FAIRMOUNT REALTY CO., SIMON GARDENS, ELRAE GARDEN REALTY, MARCHWOOD REALTY, FERNROCK REALTY, OAK LANE REALTY CO., L.P., AND! MARSHALL SQUARE REALTY ("COMPLAINANTS"), MOTION TO COMPEL PGW'S RESPONSES TO COMPLAINANTS' REQUESTS FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES ADDRESSED TO RESPONDENT, SET II, INTERROGATORIES NOS. 5, AND REQUEST FOR SANCTIONS ("MOTION") Pursuant to 52 Pa. Code Sectons 5.342 and 5.321(c), Complanants, by ther undersgned counsel, hereby respectfully request the Pennsylvana Publc Utlty Commsson ("Commsson") to compel Phladelpha Gas Works ("PGW" or "") lo fully respond and lo He complele answers lo Complananls' Requests for Producton of Documents and Interrogatores Addressed to PGW, Set II, Interrogatory No. 5 n accordance wth the presdng offcer's Orders dated Apr 9, 2014 and August 21, 2014. 1. SUMMARY 's response to the Subject Interrogatores are ncomplete and non-responsve and volate applcable statutory law, ncludng 52 Pa. Code Sectons 5.342, as : ( ) submtled ncomplete supplemental responses that faled to supply all the requested nformaton, ncludng data regularly mantaned n the course of dong busness and easly accessble and
retrevable by PGW that would respond to the stated Interrogatory that ncluded electroncally held documents, calculatons, memoranda, and other nformaton as dscussed below; (2) PGW submtted responses that clam to provde nformaton on all the accounts but then faled to provde the all such nformalon; and (3) submtted responses that refers lo "prevously provded" nformaton [to Complanants from ] wthout specfcally dentfyng where and n what partcular documents the dscoverable nformaton s set forth or by referrng to responses prevously answered to Set II, Interrogatores, whch was also an ncomplete 1 response. On August 21, 2014, ALJ dscussed at length n her order ofthe same that Complanants' queston:, 5. Identfy and descrbe wth partcularty any and all documents, of ' any knd, that are n the possesson, control or custody of, or of whch has knowledge, whether orgnals, copes or facsmles, regardless of ther locaton, whch are utlzed to manage Complanats' Customer Accounts, SA accounts, former and current meters located at the Suhject Propertes lmted to Dsputed Transactons attached hereto as Exhbts "A-l" through "A-8". was unduly burdensome to produce and somewhat vague. In that order, the presdng offcer' dened Complanants' Moton for Sanctons, however, n accordance wth her prevous order of Aprl 9, 2014,, PGW was ordered and under a contnung duty to supply supplemental nfonnaton related to Sel II, No. 5, 11, 12, and 13 pertanng lo dscovery. was not forthrght n ts response as lo ndcate lhat t had the means and access to provde the nformaton requested. Instead they argued that t would be unduly burdensome and Complanants requests were vague. On September 30, 2014, ffteen (15) days after the close of dscovery, sent dscovery verfcatons for supplemental responses n the fonn of documents, whch showed examples of data collectons screens, whereby nformaton could be gleaned and retreved
regardng premsed based and customer based data, as part of ther ongong duty to supplement ther responses to Sel II, Nos. 11,12, and 13. PGW provded nformaton lhal shows that t may electroncally retreve account nformaton related to a premse that receves PGW gas usage wlh nformaton contaned on data screens that provde pertnent customer nformaton provdng a specfc locaton's complete hstory of gas accounts, ncludng but not lmted to, the Premse Based Tabs whch provdes nformaton of all ofthe blls from the "Subject Propertes" premses for all customers, ncludng prevous customers and Customer Based Tabs, whch provdes smlar data and nformaton for customer accounts. Despte havng easly retrevable nformaton al ts' dsposal, faled to provde Complanants' wth such nformaton n response to the dscovery propounded. And furthermore, PGW dd nol dsclose ls' ablty to provde such nformaton untl ffteen days (15) after dscovery closed on September 15, 2014. II. SPECIFIC GROUNDS TO COMPEL RESPONSES TO THE SUBJECT INTERROGATORIES In support of ths Moton, Complanants by and through ther undersgned counsel, hereby move the Commsson to enter an approprate Order and Sanctons aganst, pursuant to 52 Pa. Code Secton 5.342 and 5.371-5.372. In support of ths Moton, Complanants aver as follows: 1. The above-referenced consoldated Complants were commenced by flng Complants and Amended Complants. s subsequently fled Answers and Amended Answers to the Amended Complants. 2. Complanants, by ts former counsel, Scott DeBroff, Esqure, served dscovery requests upon counsel for. 3. On October 9, 2013, Complanants, by ther current counsel, served a second set of dscovery requests, Complanants' Requests for Producton of Documents and Interrogatores
Addressed to PGW, Set U (collectvely, "Interrogatores" or "Interrogatores Set II"), a copy of these Interrogatores, are attached as Exhbt "A", and ncorporated heren by reference. 4. On December 9, 2013, ALJ Eranda Vero ssued an "Order on the Jont Moton to Extend the Tme to Conduct Dscovery and to Contnue the Scheduled Hearngs" ("12/9/2013 Order") on page 4 (second full paragraph), that cted ALJ Vero's November 14, 2013 Order ' ("11/14/2013 Order") as follows: [ "On November 14, 2013,1 ssued an Order grantng, n part, and denyng, n part, the Complanants' Moton to Compel... Notng lhat lhe objeclons dd not state wth any degree of specfcty where such nformaton was provded to the Complanants, I nstructed the to do so 'wthn ffteen (15) days ofthe date of ths Order unless the partes agree upon a dfferent due date.' See Order of Moton to Compel, Orderng Paragraphs 5, and 11. Based on the 's clam that t had already provded to Complanants the nformaton requested by the majorty of ther Sel II- Dscovery Requests, I deemed ths amount of tme suffcent for the to drect the Complanants to the nformaton t had provded durng prevous ; dscovery, to supplement that nformaton, and to answer the remander of dscovery requests propounded by the Complanants." (Emphass added.) 5. Pennsylvana statutes defne the manner and form of Answers to Interrogatores. Specfcally, 52 Pa. Code Secton 5.342 (a) (3) and (4) requre: " (a) Form. Answers to Interrogatores must: J. Be submtted as an answer and may not be submtted as an exhbt or n another form. 4. Answer each nterrogatory fully and completely unless an objecton s made. (See 52 Pa. Code Secton 5.342) 6. On 4/9/2014 ALJ Vero, ssued an order grantng and denyng, n whole or n part, Complanants' Second Amended Moton to Compel for Interrogatory Nos. 2,3, 5-31, 33-39, that granted on 4/9/2014: 5,6, 7, 8, 9, 10, 11, 12, 13, 15, 16,22, 23,24, 27, 29, 30, and 36; and dened on 4/9/2014: 14, 17, 18, 19, 20, 21, 26, 28, 31, 33, 34, 35, 37, 38, and 39.
7. Upon Moton for Reconsderaton by Complanants, ALJ Vero ssued an Order amendng the 4/9/2014 Order to requre supplemental responses from, ncludng I responses for Interrogatores 5, 11, 12, and 13 wthn forty-fve (45) days from the day ofthe Order, Aprl 9. 2014. 1 ) 8. On August 21, 2014, ALJ Vero dened Complanants' Moton tor Sanctons regardng 's ncomplete responses lo nterrogatores and requests for producton to Set II Nos. 5, 11, 12, and 13. 9. Complanants fle ths Moton due to 's falure to comply wth applcable case and statutory law and 's falure to provde the requste full, complete and specfc responses to the followng Interrogatores Set II, Nos. 5, 11, 12, and 13 ("Subject Interrogatores"). 10. knew t had the ablty lo easly access nformaton n ts possesson, long before these proceedngs started and the ablty to forthrghlly provde such nformaton and share t wth Complanants. Had they done so, PGW may have answered Complanants' questons regardng these matters and prevented ths volumnous dscovery process and ltgaton. 11. wated untl dscovery closed (September 15, 2014) before t provded verfed responses to the nterrogatores as stated (September 30, 2014), whch ndcated lhat such embedded nformaton exsts and s accessble. 12. stll has not provded specfc premse/customer based nformaton as found n the Vewng and Navgatng AIMS Data system and they have the easy ablty to do so. Or f PGW has provded such nformalon, they have only turned over select data and not all that s avalable, relevant and pertnent to these proceedngs.
13. s delberately beng evasve and showng bad fath n these proceedngs as t relates to veracty and conformty to dscovery and these proceedngs. 14. As staled below n ths Moton, for the remander ofthe Responses, faled to dentfy all such documents and/or faled to provde for nspecton or to attach all, documents as requred by Set II, Interrogatores 5, 11, 12, and 13. 15. The Supplemental Responses provded and verfed on September 30, 2014, show lhat PGW mantans nformalon that s specfc to the "Subject Propertes" and Customer accounts, s easly retrevable and avalable, but does not provde the specfc nformalon as! requested for these subjecl propertes/premses or customer based accounts. 16. Ths Moton ncorporates the contents and statements sel forth n the Prehearng Conference Memorandum dated 7/10/2014 ("7/10/2014 Memo"), by reference as though set forth heren and Ihereto, n ts entrety. ***** SUMMARY OF MOTION TO COMPEL: In summary, based on a revew of the applcable case and statutory law, must be compelled to fully, completely, and specfcally answer (he Subject Interrogatores. provdes: Essentally, lhe Interrogatores are governed by 52 Pa. Code Secton 5.321(c), whch (c) Scope. Subject to ths subchapter, a party may obtan dscovery regardng any matter, not prvleged, whch s relevant to the subject matter nvolved n the pendng acton, whether t relates to the clam or defense ofthe party seekng dscovery or to the clam or defense of another party, ncludng the exstence, descrpton, nature, content, custody, condlon and locaton of any books, documents, or other tangble thngs and the dentty and locaton of persons havng knowledge of a dscoverable matter. It s not ground for objecton that lhe nformaton sought wll be nadmssble at hearng f the nfonnaton sought s reasonably calculated to lead to the dscovery of admssble evdence. 52 Pa. Code Secton 5.321 (c). 52 Pa. Code Secton 5.342 states the form and manner of Answers to Interrogatores:
(a) Form. Answers to Interrogatores must:! (1) Be n wrtng. (2) Identfy the name and poston ofthe ndvdual who provded the answer. (3) Be submtted as an answer and may not be submtted as an exhbt or n another form. (4) Answer each nterrogatory fully and completely unless an objecton s made. (5) Restate the nterrogatory whch s beng answered or be nserted n the spaces provded n the nterrogatores. (6) Be verfed n accordance wth Secton 1.36 (relatng to verfcaton). Here, Complanants served Interrogatores on. faled lo fully comply wth Secton 5.342, and provded partal or no responsve nformaton to Complanants, as dscussed n detal n Paragraphs 1 through 16, above. Nether Secton 5.342, nor any other secton ofthe statute, supports these ncomplete and nadequate dscovery, responses. As noted n pror pleadngs, dscovery s encouraged so that the partes may dspose of any or as many ssues as possble, pror to tral or hearng. Through dscovery, the partes may dscover that certan ssues are "resolvable" or not n dspute and avod wastng precous judcal tme and resources. Here, s actng n contradcton to the rules governng dscovery. must provde ts dscovery documents and responses n a proper manner. Here, refers to polces, procedures, practces, calculatons of basc charges, outstandng balances, nterest and penaltes, the mposton of lens, applcatons of payments and even ssues conclusons that satsfed the applcable laws and tarffs, whle respondng wth exhbts or other forms of or statements documents that contan ncomplete nformaton and lhal fal to organze or state account nformaton n a manner that fully and specfcally answers or responds to the Interrogatores as requred by Secton 5.342. needs to answer the Interrogatores, specfcally, fully and completely as requred by law and we respectfully.request that the Commsson compel PGW to do so. Pursuant to 52 Pa. Code Secton 5.321(c):
"...a party may obtan dscovery regardng any matter, not prvleged, whch s relevant to the subject matter nvolved n the pendng acton, whether t relates to the clam or defense of the party seekng dscovery or to the clam or defense of another party, ncludng the exstence, descrpton, nature, content, custody, condton and locaton of any books, documents, or other tangble thngs and the dentty and locaton of persons havng knowledge of a dscoverable matter." Mere, the Interrogatores seek nformaton, ncludng "books, documents, and other, tangble thngs and the dentty and locaton of persons havng knowledge of a dscoverable matter", lhat are relevant to ths proceedng and that are further defned as dscoverable at Secton 5.321(c), above. faled to fully provde and dentfy those letters, > correspondence, records, emals, and other documents explanng the blls, charges, applcaton of payments on the Customer Accounts, SAs, and Dsputed Transactons, and documents contanng or referrng to the nternal memoranda/documentaton on 's practces, polces, and procedures underlyng the calculaton ofthe debt, mposton of lens (ncludng gas usage perod covered by the len and date offlng/satsfyngall lens, f applcable), applcaton of payments, charges, LPCs, and nterest charges and to provde ths nformaton on each Customer Account, SA, and Dsputed Transacton lhat are part of ths ltgaton. Wthoul ths detaled nformaton. s wthholdng crtcal data that permts all partes and the Commsson to confrm or defeat ts clam of bllng Complanants n accordance wth the applcable statutes, tarffs, and laws. (In an effort to amcably resolve ths matter, the need for ths nformaton was also'dscussed wth counsel for PGW, who refused to provde t.) also faled to show where and how (he nformaton was prevously provded "durng the hearngs"; as prevously done, smply refers to ts Exhbts and ls, Statement of Accounts (the orgnal and "updated" SOAs). The Exhbts are not organzed n a manner lo specfcally correlate to each dscovery request as requred by 52 Pa. Code Sectons 5.342 and 5.321. The Statement of Account, as stated repeatedly by PGW, does not provde
detals on calculaton ofthe debt and the applcaton ofthe payments as dscussed n greater detal above. The mportance of recevng ths detaled, complete, specfc, and full dscovery response s best shown n the case of Campos v. PGW. where the Admnstratve Law Judge for the Commsson stated that Lnda Perera, a senor customer revew offcer for PGW testfed and I noted: "...the credt that the Complanant had establshed on hs account was absorbed through the make-up bll and that the current undsputed charges after the ssuance ofthe make-up bll have not been pad...pgw also assess a late payment fee...because Complanant had not pad undsputed charges for gas servces rendered." (See Cam nos. p. 28)" Thereafter, the Commsson, by ts ALJ, held at page 28: "I dsagree wlh the account of blled charges by PGW toward Complanant's account. The amount of $2,028.80 s under dspute. PGW does not dspute lhal $781.01 s credt accrued by the Complananl for early payments made. PGW cannot place the credt establshed by the Complanant toward the dsputed amount owed. Rather, PGW must contnue to place the credt toward undsputed amounts owed. (See Campos, at p. 30)... As shown n the Campos case, one can not assume that because PGW clams t s calculatng the blls and payments n accordance wlh the statutes, rules, and tarffs, that a full examnaton of lhe crlcal underlyng peces of Ihe blls and charges s a waste of tme or unnecessarly burdensome. To the contrary, ths Moton to Compel s needed to force a clear and readly understandable explanaton for the blls, charges, and payments underlyng ths ltgaton and (he related Customer Accounts, SAs, and Dsputed Transacton. The statutes governng bllng by a ullty n ths Commonweallh are clear and provde substantal gudance to the parles, as set forth below: 52 Pa. Code Secton 56.15 provdes: " 56.15. Bllng nformaton.
A bll rendered by a publc utlty for metered resdental puhlc utlty servce must state clearly the followng nformaton: (4) The amount due for servce rendered durng the current bllng perod, specfyng the charge for basc servce, the energy or fuel adjustment charge, State tax adjustment surcharge f other than zero, State sales tax f applcable and other smlar charges. The blls should also ndcate that a State gross recepts tax s beng charged and a reasonable estmate ofthe charge. A Class A utlty shall nclude a statement ofthe dollar amount of total State taxes ncluded n the current bllng perod charge. For the purpose of ths paragraph, a Class A utlty shall also nclude a Class A telephone utlty as defned tnder 63.31 (relatng to classfcaton of publc utltes). (7) The total amount of payments and other credts made to the account durng the current bllng perod. (8) The amount of late payment charges, desgnated as such, whch have accrued to the account of the customer for falure to pay blls by the due date ofthe bll and whch are authorzed under 56.22 (relatng to accrual of late payment charges). (9) The total amount due. (11) A statement drectng the customer lo "regster any queston or complant about the bll pror to the due date," wth the address and telephone number where the customer may ntate the nqury or complant wth the publc utlly. (12) A statement that a rate schedule, an explanaton of how to verfy the accuracy of a bll and an explanaton, n plan language of the varous charges, f applcable, s avalable for nspecton n the local busness offce of the puhlc utlty and on the publc utlty's wch ste." (14) Electrc dstrbuton utltes and natural gas dstrbuton utltes shall ncorporate the requrements n 54.4 and 62.74 (relatng to hll format for resdental and small busness customers). (Emphass added.) Accordngly, the applcable laws and tarffs requre that the ullty provde specfc nformaton on ts blls and bllng statements. Arguably, despte the dscovery requests and the above statutory provsons, PGW contnues lo refuse to provde detals on the blls and payments, ncludng a separate statement ofthe "accrued late payment charges" and an explanaton on how to verfy the accuracy ofthe blls,.e., provde the detals and accountng for the applcaton of payments, ncludng those nvolvng dsputed vs. undsputed debt, len nformaton, payment! nformalon, and LPC detaled nformaton. 52 Pa. Code Secton 56.21 provdes: " 56.21. Payment. (2) Date of payment hy mal. For a remttance by mal, one or more ofthe followng apples:
PGW's clams, f the rate ofthefnancecharge must change to 6% from 18%, upon post 1 () Payment shall be deemed lo have been made on lhe date of lhe postmark. () The publc utlty may not mpose a late payment charge unless payment s receved more than 5 days after the due date. (4) Electronc transmsson. The effectve date of a paymenl electroncally transmtted to a publc utlty s the date of actual recept of paymenl. (6) Multple notfcatons. When a publc utlty advses a customer of a balance owed by multple notces or contacts whch contan dfferent due dates, the date on or bcfore whch payment s due shall be the latest due dale contaned n any ofthe notces."! 52 Pa. Code Secton 56.22, provdes: j " 56.22. Accrual of late payment charges. 1 a) Every publc utlty subject to ths chapter s prohbted from levyng or assessng a late charge or penalty on any overdue publc utlty bll, as defned n 56.21 (relatng to payment), n an amount whch exceeds 1.5% nterest per month on the overdue balance ofthe bll. These charges are to be calculated on the overdue portons of the bll only. The nterest rate, when annualzed, may not exceed 18% smple nterest per annum. (b) An addtonal charge or fxed fee desgned to recover the cost of a subsequent rebllng may not be charged by a regulated publc utlty. (c) Late payment charges may not be mposed on dsputed estmated blls, unless the estmated bll was requred because publc utlty personnel were wllfully dened access to the affected premses to obtan an actual meter readng." In addton to the above, the Courts of ths Commonwealth have lmted how and when the 1.5%fnancngcharge/rate may be mposed n the face of a judgment or len. Despte judgment, then the flng date of the judgment or len s needed to calculate the post-judgment nterest on the lened debt? Further, only PGWflesthe lens and knows the detals ofthe debts and charges underlyng these debts and charges. Some ofthe lens have no account numbers or nformaton on the gas usage perods covered by the lens all of ths nformaton s part of verfyng the underlyng debt. Snce 42 Pa.C.S. 8101 (relatng to nterest on judgments) lmts post-judgment nterest to 6% per year unless otherwse provded by another statute, t supersedes the regulaton that provdes for 18% fnancng charge or LPCs, per year on amounts owed to a publc utlty. Equtable Gas Co. v. Wade. 812 A.2d 715 (Pa. Super. 2002). We cannot assume, as PGW mght, that t does not matter when the len was fled on each and every Subject Property; ths
nformaton creates a 12% dfference n the partcular fnancng charged assessed and deemed due on the debt. Further, statutes and the Commsson have set requrements on provdng nformaton to customers on blls and charges. The Complanants seek nformaton that wll easly and readly explan how PGW created ts blls and clams aganst Complananls. By provdng lhe requested detaled nformaton on the blls and payments for the Customer Accounts, as descrbed heren 1 and n Paragraphs 1 through 16 above, PGW wll be complyng wth the dscovery requests, as welljas wth the sprt and goals of the "plan language" gudelnes set forth n 52 Pa. Code 69.251, that permt a customer to obtan bllng nformaton n a clear and easly and readly understood manner. 52 Pa. Code Sectons 56.23 and 56.24 provde as follows: " 56.23. Applcaton of partal payments between publc utlty and other servce. Payments receved by a publc utlty wlhout wrtten nslructons lhal they be appled to merchandse, applances, specal servces, meter testng fees or other nonbasc charges and whch are nsuffcent to pay the balance due for the tems plus amounts blled for basc utlty servce shall frst be appled lo lhe basc charges for resdental publc ullly servce. And 56.24. Applcaton of partal payments among several blls for puhlc utlty servce. In lhe absence of wrtten nstructons, a dsputed bll or a paymenl agreement, payments receved by a publc utlty whch are nsuffcent to pay a balance due both for pror servce and for servce blled durng the curent bllng perod shall frst be appled to the balance due for pror servce." The Statement of Accounts clearly show partal payments or payments that do not pay the full balance on blls that nclude basc and non-basc charges and blls that are for pror servce and servce blled durng the current perod. Yet, the Statement of Accounts, do not desgnate how these partal payments are appled. Wthout ths detaled nformaton, the partes and lhe Commsson cannot verfy whether PGW has fully, completely, specfcally, and properly I
compled wth the tarffs, statutes, rules, and laws governng good servce and bllng by a utlty n ths Commonwealth. 52 Pa. Code Secton 56.151 provdes: " 56.151. General rule. Upon ntaton of a dspute covered by ths secton, the publc utlty shall:...! (2) Investgate the matter usng methods reasonable under the crcumstances^ whch may nclude telephone or personal conferences, or both, wth the customer or occupant. l (3) Make a dlgent attempt to negotate a reasonable payment agreement f the customer or occupant s elgble for a payment agreement and clams a temporary nablty to pay an undsputed bll. Factors whch shall be consdered n the negotaton of a payment agreement nclude, but are 1 not lmted to: () The sze of the unpad balance. 1 () The ablty ofthe customer to pay. () The payment hstory of the customer. (v) The length of tme over whch the bll accumulated. (4) Provde the customer or occupant wth the nformaton necessary for an nformed judgment, ncludng, but not lmted to, relevant portons of tarffs, statements of account and results of meter tests. (5) Wthn 30 days of the ntaton ofthe dspute, ssue ts report to the complanng party. The publc utlty shall nform the complanng party that the report s avalable upon 1 request. () If the complanant s not satsfed wth the dspute resoluton, the utlty company report must be n wrtng and conform to 56.152 (relatng to contents of the publc utlty company report). Further, n these nstances, the wrtten report shall be sent to the complanng party f requested or f the publc utlty deems t necessary. () If the complanng party s satsfed wth the orally conveyed dspute resoluton, the wrtten utlty company report may be lmted to the nformaton n 56.152(1), (2) land,! when applcable, 56.152(7)() or (8)(n). () The nformaton and documents requred under ths subsecton may be electroncally provded to the complanng party as long as the complanng party has the ablty to accept electronc documents and consents to recevng them electroncally." Clearly, the above shows that Secton 56.151 provdes the crtera for actons requred by the utlty n the face of a dspute wlh a customer. The nformaton requested n the Interrogatores seek detals on the tranng, practces, polces, and procedures used to resolve the dsputes n the underlyng ltgaton. The Interrogatores seek specfc and detaled nformaton whch would permt an understandng and a determnaton of whether PGW satsfed the dctates of Secton 56.151 and other statutes wth respect to the dsputes at the heart of ths ltgaton.
PGW's refusal to specfcally, fully, and completely provde ths nformaton s an attempt to frustrate the dscovery process and to prevent a full and thorough hearng on the blls and PGW's actons n provdng "good servce" n these consoldated cases. Accordngly, Complanants' respectfully request that the Commsson compel to fully, completely, and specfcally answer the Interrogatores. III. CONCLUSION " WHEREFORE, Complanants respectfully request Your Honor and the Commsson: (1) Grant ths Moton to Compel; (2) Compel PGW lo answer Set II, Interrogatores Nos. 5, 11, 12 and 13 by provclng all the Premsed Based and Customer Based data/nformaton for the "Subject Propertes" named heren ancl Customer accounts for sad "Subject Propertes" as embedded n the Vewng and Navgatng AIMS Data collecton system used by PGW for hstorcal electronc data on Complanants premses and accounts whch are the subject of ths ltgaton and produce full and complete answers and documents pertanng thereto wthn fve (5) days ofthe date ofthe Commsson's Order on the same; and (3) Grant any other relef deemed approprate, ncludng, bul not lmted lo: a. Strkng all PGW blls, demands for payments, charges, late paymenl charges, nterest charges, and oher costs and charges for those Customer Accounts from PGW to Complanants (except for basc gas usage charges lhat are npt n dspute) for those Customer Accounts, where PGW faled lo fully, completely, and specfcally provde and respond to any or all ofthe dscovery requests, whch are the subject of ths Moton; and
b. Barrng the ntroducton, by PGW, of any evdence n the form of testmony, exhbts, examples or documentaton, at the remanng hearngs and n the prefled testmony presented by PGW, n contradcton of Complanants' case n chef or n PGW's defense, that requres the use of, relates to or refers to the documents, materals, and/or responses sought, bul nol provded by PGW( n I response to. Interrogatores Set II /Subject Interrogatores and c. Imposng, any and all other approprate sanctons for falng to fully and completely answer lhe Subject Interrogatores. Date: October 6, 2014 Donna S. Ross General Counsel SBG Management Servces, Inc. P.O. Box 549 Abngton, PA 19001 E: dsrossfajsbgmanagement.con: dsross90@fzmal.com T: 215-938-6665; M: 484-888-9578 Attorney ID. No. 59747
COMMONWEALTH OF PENNSYLVANIA BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION In the Matter of: Docket No. C-2012-2304167-SBG Manauement Servces. Inc.- (Elrae) v. Phladelnha Gas Works Docket No. C-20I2-2304183-SBG Management Servces. Inc. v. Plladelnha Gas Works \ Docket No. C-2012-2304215 SBG Management Servces. Inc. v. Phladelnha Gas Works I Docket No. C-2012-2304303-SBG Management Servces. Inc. (v. Phladelnha Gas Works I Docket No. C-2012-2304324-SBC Manauement Servces. Inc. v. Phladelpha Gas Works Docket No. C-20I2-2308454-SBG Management Servces. Inc. v. Phladelnha Gas Works Docket No. C-20I2-2308462-SBG Management Servces. Inc. v. Phladelpha Gas Works Docket No. C-2012-2308465-SBG Management Servces. Inc. v. Phladelpha Gas Works Docket No. C-20I2-2334253-SBG Management Servces. Inc/Colonal Garden Really Co.. L.P. v. Phladelnha Gas Works CERTIFICATION OF COUNSEL OF DISCOVERY UNDERTAKEN AND EFFORTS TO RESOLVE THE DISCOVERY DISPUTES In accordance wth the applcable regulatons and statutes, I, Donna S. Ross, Esq., counsel for Complanants, hereby certfy that n good fath, on an nformal bass, and wthout the nterventon of and pror to contactng the Commsson or ALJ Vero for ths Moton to Compel, as well as on a formal bass through wrtten memoranda and a hearng before ALJ Vero, I attempted to resolve these dscovery dsputes amcably wth counsel for, Laureto farnas, Esq., n accordance wlh the applcable sectons of Ttle 52 of the Pennsylvana Code. Date: October 6, 2014 BY: DONNA S^ROSS, ESQUIRE P.O. BOX 549 ABINGTON, PA 19001 Phone: 484-888-9578; Offce: 215-938-6665 j Electronc Mal Address: dsross@sbgmaagement.con; dsross90@gmal.com Attorney I.D. No. 59747 ATTORNEY FOR COMPLAINANTS OCT 6' 2014, SECRETARY'S BUREAU
Donna S. Ross SBG Management Servces, Inc. P.O. Box 549 Abngton, PA 19001 P: 215-938-6665; M: 484-888-9578 \l: dsrossffsbfcnanagment.con: dsross9qfff),gnal.com Attorney fd. No. 59747 Attorney for Complanants BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION OCT 6 2014 RAPUBUC UTIUTY COMMISSION SECRETARY'S BUREAU COLONIAL GARDEN REALTY, LP Complanant FAIRMOUNT REALTY Complanant SIMON GARDENS REALTY, LP Complanant ELRAE GARDEN REALTY, LP Complanant MARSHALL SQUARE REALTY, LP Complanant MARCHWOOD REALTY Complanant OAK LANE REALTY CO., LP DOCKET NO. C-2012-2304183 DOCKET NO. C-2012-2304215 DOCKET NO. C-2012-2304324 DOCKET NO. C-2012-2304167 DOCKET NO. C-2012-2304303 DOCKET NO. C-2012-2308454 DOCKET NO. C-2012-2308462
Complanant PHILADELPHIA CAS WORKS FERN ROCK REALTY Complanant COLONIAL GARDEN REALTY, LP Complanant DOCKET NO. C-2012-2308465 DOCKET NO. C-2012-2334253 - NOTICE TO PLEAD TO:, RESPONDENT: Pursuant to 52 Pa. Code Secton 5.371, you are hereby notfed to fle a wrtten response to ths Moton to Compel 's Responses to Complanants' Set II Dscovery Requests, whch was served on ths date, ofthe above-captoned matters, wthn fve (5) days from seryce hereof or you may be deemed to be n default and relevant facts stated n these pleadngs may be deemed admtted, the Pennsylvana Publc Utlty Commsson ("Commsson") may rule on Ihs Moton wthout further nput, and a judgment may be entered aganst you. All pleadngs, such as an Answer to the enclosed Moton, must be fled wth the Secretary ofthe Commsson, wth a copy served on the undersgned counsel for Complanants. Date: October 6, 2014 Respect'fully S tbmtted By, MJ Donna S. Ross General Counsel SBG Management Servces, Inc. P.O. Box 549 Abngton, PA 19001 E: dsross@sbgtnanaaemenl.com: dsross9q@anal.com T: 215-938-6665; M: 484-888-9578 Attorney ID. No. 59747
COMMONWEALTH OF PENNSYLVANIA BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION In the Matter of: Docket No. C-2012-2304167--SBG Management Servces, Inc. (l-lrae) v. Phladelpha Gas Works Docket No. C-20I2-2304I83-SBG Management Servces. Inc. v. Phladelpha Gas Works Docket No. C-20I2-2304215-SBG Management Servces. Inc. v. Phladelpha Gas Works Docket No. C-20I2-2304303-SBG Management Servces. Inc. (v. Phladelnha Gas Works Docket No. C-20I2-2304324-SBG Management Servces. Inc. v. Phladelpha Gas Works Docket No. C-2012-2308454-SBG Management Servces. Inc. v. Phladelpha Gas Works Docket No. C-20I2-2308462-SBG Management Servces. Inc. v. Phladelpha Gas Works I Docket No. C-20I2-2308465--SBG Management Servces. Inc. v. Phladelpha Gas Works, Docket No, C-20I2-2334253-SBG Management Servces. Inc/Colonal Garden Really Co.. L.P. v. Phladelpha Gas Works. CERTIFICATE OF SERVICE I hereby certfy that on the date below, 1 have served the foregong Complanants' Moton To Compel Responses to Set II Dscovery Requests and orgnal "Notce to Plead" for the Moton for Compel upon the Secretary for the Pennsylvana Publc Utlty by malng, va Frst Class, overnght mal, as a hard-copy, and served a copy ofthe same upon the persons lsted below n the manner ndcated n accordance wth the requrements of 52 Pa. Code Secton 1.54: VIA Frst Class Mal, Overnght Mal only: For the PA Publc Utlly Commsson: Admnstratve Law Judge Eranda Vero PA Publc Utlty Commsson Sute 4063-801 Market Street Phladelpha, PA 19107 For : Laureto Farnas, Esqure, Phladelpha Gas Works Attorney for PGW and s 800 W. Montgomery Avenue, 4"' Floor, Phladelpha, PA 19122 OCT 6 2014 PA PUBLIC UTILITY COMMISSION SECRETARY'S BUREAU VIA Personal Servce (by Hand Delvery): Phl Pulley and Kathy Treadwell, SBG Management Servces, Inc.: P.O. Box 549, Abngton, PA 19001 or 1095 Rydal Road, Abngton, PA 19001 Date: October 6, 2014 " / DONNA S. ROSS, ESQUIRE P.O. BOX 549 ABINGTON, PA 1900) Phone: 484-888-9578; Offce: 215-938-6665 Electronc Mal Address: dsrossf^sbgmanagement.com: dsross90@gmal.com Attorney I.D. No. 59747 ATTORNEY FOR COMPLAINANTS
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