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STANLEY E. KORNAFEL v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (03/02/88)

decided: March 2, 1988.

STANLEY E. KORNAFEL, T/A CARPETS CLEANED CAREFULLY, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania Public Utility Commission, in case of Stanley E. Kornafel, t/a Carpets Cleaned Carefully v. The Bell Telephone Company of Pennsylvania and Pennsylvania Public Utility Commission, Complaint Docket No. C-871180.

COUNSEL

Stanley E. Kornafel, petitioner, for himself.

Mark C. Morrow, Assistant Counsel, with him, Frank Wilmarth, Deputy Chief Counsel, and Daniel P. Delaney, Chief Counsel, for respondent.

William M. Posner, for intervenor, The Bell Telephone Company of Pennsylvania.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 114 Pa. Commw. Page 213]

Stanley E. Kornafel appeals an order of the Pennsylvania Public Utility Commission, affirming an order of Administrative Law Judge (ALJ) Morris Mindlin and dismissing Kornafel's formal complaint against Bell Telephone Company of Pennsylvania. We affirm.

On January 26, 1987, Kornafel, a business customer of Bell, filed a formal complaint with the commission challenging the tariff-embodied late payment charges of Bell whereby Bell charges 1.25% on the unpaid balance that is carried forward to the next month's bill. Kornafel objected to (1) Bell's imposition of late payment charges on amounts which Bell bills in advance and (2) Bell's failure to prorate late payment charges according to the number of days a payment is overdue when Bell receives it.

Bell filed an answer to Kornafel's complaint and a motion to dismiss the complaint without a hearing. ALJ

[ 114 Pa. Commw. Page 214]

Mindlin found Bell's imposition of the late charges to be reasonable and granted Bell's motion to dismiss the complaint.

Kornafel filed exceptions to the ALJ's determination with the commission. The commission denied Kornafel's exceptions. This appeal follows.

Our scope of review of actions of the commission "is limited to a determination of whether the commission violated constitutional rights, committed an error of law, or made findings which are not supported by substantial evidence." Bell Telephone of Pennsylvania v. Pennsylvania Public ...


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