Filoon v. Pennsylvania Public Utility Commission

648 A.2d 1339, 167 Pa. Commw. 693, 1994 Pa. Commw. LEXIS 559
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 30, 1994
StatusPublished
Cited by5 cases

This text of 648 A.2d 1339 (Filoon v. Pennsylvania Public Utility Commission) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Filoon v. Pennsylvania Public Utility Commission, 648 A.2d 1339, 167 Pa. Commw. 693, 1994 Pa. Commw. LEXIS 559 (Pa. Ct. App. 1994).

Opinion

KELLEY, Judge.

Eleanor T. Filoon appeals pro se from an order of the Pennsylvania Public Utility Commission (PUC), which granted in part and denied in part Filoon’s exceptions to the initial decision of the administrative law judge (ALJ) dismissing a formal complaint filed by Filoon against Bell Telephone Company of Pennsylvania (Bell) 1. We affirm.

On March 12, 1992, Filoon filed a formal complaint against Bell alleging a conspiracy between Bell and Bell's bank to repeatedly submit for payment, cheeks for which there were insufficient funds, in order to assess multiple return check charges against Filoon. Filoon’s complaint also questioned the amount of her telephone bills. Filoon requested a public hearing and that her telephone bill be credited for the return check charges.

Bell filed an answer to Filoon’s complaint on April 6, 1992, in which Bell admitted to having a policy of imposing a $15.00 charge for returned checks. However, Bell asserted, that it presents a check for payment only once to its deposit bank; that it has no control over how many times the deposit bank may present checks for payment to the drawee bank; and, that it receives no remuneration when its deposit bank makes several presentments of a cheek to the drawee bank.

In addition, Bell asserted a counterclaim in its answer, wherein it alleged, inter alia, that Filoon had not made any payment to Bell since a bill dated June 1991. Accordingly, Bell asked that the complaint be dismissed and that Filoon be directed to pay her ar-rearage within ten (10) days.

A hearing was held before the ALJ on May 28, 1992, wherein Filoon appeared pro se. The facts in this matter, as found by the ALJ and adopted by the PUC, are as follows:

1. On or about May 15, 1991, Complainant issued a check to Bell for $200.31 as payment on her account. Same was returned for insufficient funds on June 17, 1991.
2. Bell assessed Complainant a $15.00 charge in accordance with its tariff for the dishonored check.
3. Complainant does not dispute Bell’s charge.
4. Complainant’s bank (First Valley Bank) charged Complainant $30.00 for not having sufficient funds to cover said check of $200.31 which Complainant does not dispute.
[1341]*13415. On or about July 24, 1991, Complainant issued a check to Bell for $286.22 as payment on her account. Same was returned on August 29, 1991 for insufficient funds.
6. Bell assessed Complainant $15.00 for the $286.22 dishonored check in accordance with its tariff.
7. Complainant does not dispute Bell’[s [sic] charge.
8. Bell deposited the $286.22 check dated July 24, 1991 with its bank (Cores-tates), which in turn presented it for payment to Complainant’s bank (First Valley Bank), but it was dishonored for non-sufficient funds.
9. First Valley Bank charged Complainant $80.00 for not having sufficient funds to cover the check.
10. Complainant does ont [sic] dispute this $30.00 charge.
11. Thereafter, Corestates again presented the $286.22 check for payment to First Valley Bank on August 7, 1991 and on August 12, 1991, but it was dishonored on both occasions and the check was returned to Bell on August 29, 1991.
12. First Valley bank charged Complainant an additional $30.00 for each presentment, totalling $60.00.
13. Complainant paid the $286.22 in cash to Bell after the check was returned.
14. Complainant seeks credit of the $60.00 against her telephone bill of $506.24.
15. Bell received no portion of the $90.00 in bank charges assessed by First Valley Bank upon Complainant.
16. Bell deposited the $286.22 check only one time with its bank, Corestates.
17. Bell has no special arrangement with Corestates concerning resubmission of checks by Corestates to a customers’ bank for payment and does not dictate bank policy concerning same.
18. Bell complied with its tariff regarding return cheek charges.
19. As of May 1,1992, Complainant’s balance was $506.24.
20. Complainant does not dispute this balance of $506.24.
21. Complainant’s last payment was August 16, 1991.
22. Complainant seeks to pay her balance over a four month period and seeks a credit of $60.00 for the disputed bank charges.
23. Bell agrees to accept Complainant’ [sic] repayment schedule with respect to a four month pay-out period. No arrangement was agreed upon between the parties as to the $60.00 in bank charges.

Based upon the foregoing findings of fact, the ALJ reached the following conclusions of law:

1. The Commission has jurisdiction over the parties and subject matter in this proceeding.
2. The Commission does not have jurisdiction over banking and banking practices.
3. The Commission does not have jurisdiction to award as damages against Bell Telephone Company of Pennsylvania charges assessed to Complainant by her bank for dishonored checks.

Accordingly, the ALJ recommended dismissal of Filoon’s complaint and directed her to pay Bell for current service, plus an additional $126.56 per month until her arrearage was satisfied.

Filoon filed timely exceptions with the PUC. to the ALJ’s decision taking exception to:

1. Any references which the ALJ made to Corestates Bank as Bell’s bank because Philadelphia National Bank is Bell’s bank with which Bell has an arrangement to profit from Bell’s returned check procedures;
2. Erroneous findings made by the ALJ, to the effect that Filoon does not dispute Bell’s charges or does not dispute the amount which she owes to Bell;
3. The ALJ’s ignorance of Filoon’s evidence, in particular her proof that she paid Bell $286.22 in cash on August 16, 1991;
4. The ALJ’s erroneous conclusion that the PUC does not have jurisdiction over the banking practices of Bell’s [1342]*1342banks, as regards to return check procedures.

The PUC granted Filoon’s exceptions to the extent that the ALJ found that Bell did not dispute the $15.00 returned cheek fee charged to her by Bell. The PUC denied the remainder of Filoon’s exceptions and ordered, inter alia, that Filoon’s complaint be dismissed and that Filoon shall pay all current monthly telephone charges when due, plus $126.56 each month toward her outstanding balance, until that balance is paid in full. This appeal followed.

Initially, we note that our scope of review of a decision of the PUC is to determine whether constitutional rights have been violated or an error of law committed, and whether the PUC’s findings are unsupported by substantial evidence in the record. Barasch v. Pennsylvania Public Utility Commission, 507 Pa.

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Bluebook (online)
648 A.2d 1339, 167 Pa. Commw. 693, 1994 Pa. Commw. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/filoon-v-pennsylvania-public-utility-commission-pacommwct-1994.