HIKO Energy, LLC v. Pennsylvania Public Utility Commission

DISSENTING OPINION BY

PRESIDENT JUDGE LEAVITT

The Pennsylvania Public Utility. Commission (PUC) has imposed a civil penalty of $1,836,125 upon HIKO Energy, LLC (HIKO), an electric generation. supplier (EGS), because its invoices to 5,708 customers over a four-month period “did not reflect the marketed prices and agreed upon prices in the disclosure statement.” 52 Pa. Code § 54.4(a). This civil penalty, the highest in the history of utility regulation in Pennsylvania when ordered, is grossly disproportionate to the penalties of $25,000 to $125,000 imposed upon other EGSs for the same conduct…