State Court Transcript - Petras v Mole

Exhibit 5

Appx. 000021

Case 3:11-cv-01402-N Document 38-2 Filed 08/01/11 Page 21 of 46 PageID 270

*********************************************************

TRANSCRIPTION OF

AUDIO RECORDING/VOICEMAIL MESSAGE

*********************************************************

TRANSCRIBED BY: Pennie Futrell, CSR

Appx. 000022

Case 3:11-cv-01402-N Document 38-2 Filed 08/01/11 2 of 46 PageID 271

1 MR. PETRAS: Mr. Crawford, my name is 2 Michael Petras, telephone number 650-862-6320. I will 3 follow up with a quick e-mail, but could you give me a 4 call? I’d like to talk to you about buying Glacial 5 Energy’s loan from you. 6 I am in the process of suing Gary Mole for 7 fraud and the -- you can look that up online. But I’m 8 not here to talk about that. I’d like to talk to you 9 about what would it take to -- to buy the loan out.

10 From what I hear, it’s -- it’s less than 11 50, 60 million. From the UCC’s I’ve gleaned, I’m fairly 12 certain he’s in -- he’s in default of the loan agreement 13 and I think that’s just probably the simpler way than 14 suing him and probably a much more constructive way for 15 all the stakeholders. 16 But anyway, give me a call when you have a 17 chance, 650-862-6320. Thank you. 18 (End of recording.) 19 20 21 22 23 24 25

1 CERTIFICATION OF AUDIO RECORDING

2 3 I, Pennie Futrell, Certified Shorthand Reporter in 4 and for the State of Texas, certify that I have listened 5 to and transcribed the foregoing audio 6 recording/voicemail furnished to me to the best of my 7 ability. 8 I further certify that I am neither attorney or 9 counsel for, related to, nor employed by any parties to

10 the action in which this testimony is taken, and 11 further, that I am not a relative or employee of any 12 counsel employed by the parties hereto or financially 13 interested in the action. 14 Certified to by me on this, the day of 15 ,2011. 16 17 18

PENNIE FUTRELL, C 08 21 Expiration Date: 12/31/1

Firm Registration No. 526 22 Corporate Plaza I, Suite 152

4950 N. O’Connor Road 23 Irving, Texas 75062

972.719.5000 24 972.717.3985 (fax) 25

2 (Pages 2 to 3) Appx. 000023


Exhibit 6

Appx. 000024


CAUSE NO. DC-1 1-05008

IN THE DISTRICT COURT MICHAEL V. PETRAS, Plaintiff,

GARY MOLE; JULIE CANNON; CHARLES KAPLAN; KAPLAN & ASSOCIATES, LLP; JUSTIN KAPLAN; GLACIAL ENERGY HOLDINGS, INC.; GLACIAL ENERGY HOLDING I, LLC; GLACIAL ENERGY HOLDINGS II, LLC; GLACIAL ENERGY OF CALIFORNIA, INC.; GLACIAL ENERGY OF ILLINOIS, INC.; GLACIAL ENERGY OF MICHIGAN, INC.; GLACIAL ENERGY OF NEW ENGLAND, INC.; GLACIAL ENERGY OF NEW JERSEY INC.; GLACIAL ENERGY OF NEW YORK, INC.; GLACIAL ENERGY OF OHIO, INC.; GLACIAL ENERGY OF PENNSYLVANIA, INC.; GLACIAL ENERGY OF TEXAS, INC.; GLACIAL ENERGY OF WASHINGTON DC, INC.; and GLACIAL ENERGY, INC.,

Defendants.

298TH JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

AFFIDAVIT OF DAVID LEVY

BEFORE ME, the undersigned authority, personally appeared David Levy, who, being by me duly sworn, testified as follows:

"My name is David Levy. I am of sound mind and capable of making this affidavit. All of the facts contained herein are true and correct and based on my personal knowledge.

I am a Portfolio Manager at Centurion Credit Management LLC (’Centurion’), which has loaned funds to some of the Glacial Defendants. On or about April 28, 2011, Michael V. Petras (’Plaintiff) called Centurion. I returned his call soon thereafter, but not on the same day, and Plaintiff told me that he believed the Glacial Defendants had multiple defaults in their loan with Centurion.

Plaintiff also offered to buy our note with the Glacial Defendants, possibly at a premium.

In addition, Plaintiff told me that he believed the Glacial Defendants had made false representations to various Public Utility Commissions (’PUC’) and that Plaintiff had reached out to multiple PUCs.

AFFIDAVIT OF DAVID LEVY Page 1 029426.0104\60415 1.01

Appx. 000025


Plaintiff informed me that, because of these defaults, Plaintiff wanted to put Glacial in foreclosure and that he would be happy if Glacial was successful so long as Gary Mole was left with nothing.

When I asked Plaintiff how he would finance such a purchase, it was clear to me that Plaintiff did not have the cash on hand, but that Plaintiff had people who want to help, like Shell and other energy companies.

Further Affiant sayeth not."

David Levy

SWORN TO AND SUBSCRIBED before me on this Vth day fMay 1011.

otary Public

My Commission Expires: NAFTALI MANELA

NOTARY PUBLIC-STATE OF NEW YORK No. 01MA6084429

Qualified In Kings County My Commission Expires December 02. 20

AFFIDAVIT OF DAVID LEVY Page 2 029426.0104\60415 1.01

Appx. 000026


Exhibit 7

Appx. 000027


CAUSE NO. 11-05008

IN THE DISTRICT COURT MICHAEL V. PETRAS, § §

Plaintiff, § §

V. §

GARY MOLE; JULIE CANNON; § CHARLES KAPLAN; KAPLAN & § ASSOCIATES, LLP; JUSTIN KAPLAN; § GLACIAL ENERGY HOLDINGS, INC.; §

LLC; GLACIAL ENERGY HOLDINGS § II, LLC; GLACIAL ENERGY OF CALIFORNIA, INC.; GLACIAL

§ ENERGY OF ILLINOIS, INC.; GLACIAL ENERGY OF MARYLAND, § INC.; GLACIAL ENERGY OF § MICHIGAN, INC.; GLACIAL ENERGY § OF NEW ENGLAND, INC.; GLACIAL § ENERGY OF NEW JERSEY, INC.; GLACIAL ENERGY OF NEW YORK, INC.; GLACIAL ENERGY OF OHIO, INC.; GLACIAL ENERGY OF § PENNSYLVANIA, INC.; GLACIAL § ENERGY OF TEXAS, INC.; GLACIAL § ENERGY OF WASHINGTON DC, INC.; § and GLACIAL ENERGY, INC., §

Defendants.

298th JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

THE STATE OF TEXAS - SUBPOENA

TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN TEXAS RULE OF CIVIL PROCEDURE 176 -------------GREETINGS:

You are hereby commanded to summon CitiBank, N.A. (One Lincoln Park, 8401 N. Central Expressway, Dallas, TX 75225) to produce and permit inspection and copying of the documents or tangible things designated on Exhibit A that are in its possession, custody, or control at the offices of Miller, Egan, Molter & Nelson, LLP, 4514 Cole Avenue, Suite 1200, Dallas, Texas 75205, on June 3, 2011 at 10:00 a.m. in connection with the above styled civil action pending before said Court.

This subpoena is issued at the request of the above Plaintiff, Michael V. Petras, by his attorneys, Kerry Peterson and Matthew Rinaldi, Miller, Egan, Molter & Nelson, LLP, 4514 Cole Avenue, Suite 1200, Dallas, Texas 75205.

SUBPOENA OF CITIBANK, N.A. - Page 1

Appx. 000028


FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A. CONTEMPT OF THE COURT FROM WHICH THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE OR CONFINEMENT, OR BOTH.

HEREIN FAIL NOT, but of this writ make due return showing how you have executed the same.

ISSUED ON May 3, 2011,

Kerry C. Peterson Texas State Bar No. 24012195 [email protected] Matthew D. Rinaldi Texas State Bar No. 24033122 rnatt.rina1di(mi1Ieregan. corn

MILLER, EGAN, MOLTER & NELSON LLP 4514 Cole Avenue, Suite 1250 Dallas, Texas 75205 Telephone: (214) 628-9500 Facsimile: (214) 628-9507

ATTORNEYS FOR PLAINTIFF

SUBPOENA OF CITIBANK N . A. - Page 2

Appx. 000029


RETURN

Came to hand the day of 2011, at - o’ clock

in., and executed by delivering a copy of this subpoena to the within named witness at the

following time and place to-wit:

and not executed as to the witness for the following reason:

I actually and necessarily traveled miles in the service of this Subpoena, in

addition to any other mileage I may have traveled in the service of other process in this cause during the

same trip.

Summoning Witness - $

Mileage ..........- $

County, Texas

Total $

By

SUBPOENA OF CITIBANK, N.A. - Page 3 Appx. 000030


EXHIBIT A

DEFINITIONS AND INSTRUCTIONS

The terms "YOU" and "YOUR" as used herein meansCitiBank, N.A.; and any of its subsidiaries.

2. The terms "DOCUMENT," "DOCUMENTS" and/or "WRITING" as used herein is intended to have the broadest possible meaning and encompasses without limitation the the

Ehotostatting,-. photographing, photocopying, transmitting by electronic mail ("e-mail") or facsimile, and every other means of recording upon any tangible thing, any form of communication and representation, including letters, words, pictures, sounds, and symbols, or combinations thercof, any record thereby created, regardless of the manner in which the record has been stored, specifically including Electronically Stored Information ("ESI").

DOCUMENT REOUESTS

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy Holdings, Inc., including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy Holdings, LLC, including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy Holdings II, LLC, including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy of California, Inc., including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy of Illinois, Inc., including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy of Maryland, Inc., including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy of Michigan, Inc., including any of its officers, directors, employees, agents, representative, and attorneys.


Appx. 000031


All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy of New England, Inc., including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy of New Jersey, Inc., including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy of Ohio, Inc., including any of its officers, directors, employees, agents,

-representati-ve-,andattorneys .- ................-- --

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy of Pennsylvania, Inc., including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy of Texas, Inc., including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy of Washington D.C., Inc., including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, to and from Glacial Energy, Inc., including any of its officers, directors, employees, agents, representative, and attorneys.

All DOCUMENTS, including correspondence and electronic communication, from Gary Mole on behalf Glacial Energy Holdings, Inc., Glacial Energy Holdings I, LLC, Glacial Energy Holdings II, LLC, Glacial Energy of California, Inc., Glacial Energy of Illinois, Inc., Glacial Energy of Maryland, Inc., Glacial Energy of Michigan, Inc., Glacial Energy of New England, Inc., Glacial Energy of New Jersey, Inc., Glacial Energy of New York, Inc., Glacial Energy of Ohio, Inc., Glacial Energy of Pennsylvania, Inc., Glacial Energy of Texas, Inc., Glacial Energy of Washington DC, Inc., or Glacial Energy, Inc. (each of the aforementioned corporate entities are collectively referred to as "Glacial Entities.")

All DOCUMENTS, including correspondence and electronic communication, YOU sent to Gary Mole wherein any subject matters pertaining to any of the Glacial Entities was discussed.

All DOCUMENTS, including correspondence and electronic communication, from Charles Kaplan on behalf any of the Glacial Entities.


Appx. 000032


All DOCUMENTS, including correspondence and electronic communication, YOU sent to Charles Kaplan wherein any subject matters pertaining to any of the Glacial Entities was discussed.

All DOCUMENTS, including correspondence and electronic communication, YOU received from anyone acting on behalf of any of the Glacial Entities.

All DOCUMENTS, including correspondence and electronic communication, YOU sent to anyone acting on behalf of any of the Glacial Entities.

All DOCUMENTS, including correspondence and electronic communication, YOU sent to anyone oftheGiacialEntities -was discussed.

All DOCUMENTS, including correspondence and electronic communication, YOU sent to anyone acting on behalf of any of the Glacial Entities.

Any and all DOCUMENTS YOU maintain in connection with any of the Gary Mole, Charles Kaplan, Julie Cannon, Justin Kaplan, anyone else acting on behalf of any of the Glacial Entities, or Glacial Entities, including, without limitation, any applications for credit or loans, promissory notes, letters of credit, lines of credit, credit cards, investments, or any of YOUR financial services.

All DOCUMENTS, including correspondence and electronic communication, wherein any subject matters pertaining to Gary Mole, Julie Cannon, Charles Kaplan, Justin Kaplan, anyone else acting on behalf of any of the any of the Glacial Entities, or any of the Glacial Entities was discussed.

All DOCUMENTS, including correspondence and electronic communication, YOU sent to Patton Boggs, LLP wherein any subject matters pertaining to Gary Mole, Julie Cannon, Charles Kaplan, Justin Kaplan, anyone else acting on behalf of any of the Glacial Entities, or any of the Glacial Entities was discussed.

All DOCUMENTS, including correspondence and electronic communication, YOU received from Patton Boggs, LLP wherein any subject matters pertaining to Gary Mole, Julie Cannon, Charles Kaplan, Justin Kaplan, anyone else acting on behalf of any of the Glacial Entities, or any of the Glacial Entities was discussed.

All DOCUMENTS, including correspondence and electronic communication, YOU received from Patton Boggs, LLP wherein Michael Petras was identified or discussed.

SUBPOENA OF CITIBANK N.A. - Page 6

Appx. 000033


Exhibit 8

Appx. 000034


Anderson, Dan

From: MICHAEL PETRAS [[email protected] ] Sent: Friday, May 13, 2011 10:19 AM To: Anderson, Dan Subject: Re: PUG Texas now has open investigation into Glacial

Thank you, my contact information is:

Michael Petras 24269 Dawnridge Dr. Los Altos, CA 94024 fax: 415-276-8925

Have a good weekend. I will work on this formal complaint and return it as soon as I get it.

MVP On May 13, 2011, at 5:53 AM, Anderson, Dan wrote:

Mr. Petras,

As I stated in my last e-mail below, if you wish to pursue this further at the Public Utilities Commission of Ohio, you could file a formal complaint or write a letter to our Chairman including all the supporting documents. If you wish to do so, please provide me with your mailing address or fax number.

Sincerely,

Dan Anderson Public Utilities Commission of Ohio

Mr. Petras,

If you wish to pursue this matter further.at the PUCO, you can file a formal complaint. I can send the paperwork to you by mail or fax, if you would provide me with your contact information. The other option is to send a letter to our chairman outlining the specific allegations and the evidence in support of the allegations. You may write to:

Public Utilities Commission of Ohio Attn: Chairman Todd Snitchier 180 E. Broad Street Columbus, OH 43215

You may also consider contacting the Ohio Consumers Counsel to see if they are interested in this matter. They are the advocate for residential utility consumers in the state of Ohio. Their website is www.pickocc.org <htti://www.pickocc.org >.

Appx. 000035


DRAFT - This document is created only for the purposes stated within. It is intended solely for staff discussion, reflecting the views of the author(s) are not necessarily the view of the Staff as a whole or the Commission.

Dan Anderson, Public Utilities Administrator, Service Monitoring and Enforcement Department, Public Utilities Commission of Ohio, 7th Floor, 180 East Broad Street, Columbus, Ohio 43215 (614) 995-0444.

From: MICHAEL PETRAS 1maiIto:michaelpetrasyahoo.com1 Sent: Thursday, May 12, 2011 1:56 PM To: Anderson, Dan Subject: PUC Texas now has open investigation into Glacial

Dan,

I guess I was just a bit too early approaching you before.

Randy Klaus at the PUCT informed me yesterday that the information that I provided last month has lead to a formal investigation being opened.

He is willing to field questions about his investigation from other PUCs.

His contact information is:

Randy Klaus 512-936-7456 randy.klaus(puc.state.tx.us

Again, I am ready to stand by and provide any documents you may need.

Michael Petras 65-862-6320

Appx. 000036


Anderson, Dan

From: MICHAEL PETRAS [michaelpetras'yahoo.com ] Sent: Thursday, April 28, 20111:53 PM To: Anderson, Dan Subject: Re: response to your e-mail

thank you. Very helpful. Sorry if I come across as push and/or angry.

Michael On Apr 28, 2011, at 10:04 AM, Anderson, Dan wrote:

Mr. Petras,

If you wish to pursue this matter further at the PUCO, you can file a formal complaint. I can send the paperwork to you by mail or fax, if you would provide me with your contact information. The other option is to send a letter to our chairman outlining the specific allegations and the evidence in support of the allegations. You may write to:

Public Utilities Commission of Ohio Attn: Chairman Todd Snitchler 180 E. Broad Street Columbus, OH 43215

You may also consider contacting the Ohio Consumers Counsel to see if they are interested in this matter. They are the advocate for residential utility consumers in the state of Ohio. Their website is www.pickocc.org .

Sincerely,

Dan Anderson, Public Utilities Administrator Investigation and Audit Division Public Utilities Commission of Ohio

DRAFT - This document is created only for the purposes stated within. It is intended solely for staff discussion, reflecting the views of the author(s) are not necessarily the view of the Staff as a whole or the commission.


From: MICHAEL PETRAS [mailto:michaelpetras'yahoo.com ] Sent: Thursday, April 21, 2011 11:36 AM To: Anderson, Dan Subject: Re: response to your e-mail

Mr. Anderson,

With all due respect, given the limited information on the subject that was shared with you I am not sure how you would be able to make such a determination.

Appx. 000037


The commissioners that I have talked with in multiple jurisdictions consider this a very serious violation, in fact some have commented that they intend to refer it to the respective Attorney General’s for investigation.

It is clear that Glacial knowingly provided false information on the Ohio application and the applications of over a dozen states.

My question was to whom should I address the hundreds of pages of evidence?

And when other states, including Texas, open investigations, will you revisit this decision?

Thanks,

Michael

On Apr 21, 2011, at 8:05 AM, Anderson, Dan wrote:

Mr. Petras,

Our staff investigated this matter and contacted the Public Utility Commission of Texas (PUCT). The PUCT found nothing improper with Glacial’s filing with them. If you have evidence indicating something improper involving Mr. Gary Mole, you should present that to the PUCT. Our staffs investigation into this matter is closed.

Sincerely,


DRAFT - This document is created only for the purposes stated within. It is intended solely for staff discussion, reflecting the views of the author(s) are not necessarily the view of the Staff as a whole or the commission.

Dan Anderson, Public Utilities Administrator, Service Monitoring and Enforcement Department, Public Utilities commission of Ohio, 7th Floor, 180 East Broad Street, Columbus, Ohio 43215 (614) 995-0444.

From: MICHAEL PETRAS [mailto:[email protected]] Sent: Monday, April 18, 2011 1:04 AM To: Anderson, Dan Subject: Re: response to your e-mail

Dan,

I would like to notice the PUCO that Glacial Energy knowingly and intentionally lied on its application. Its alter-ego/affiliate Franklin Power had its licensed revoked in Texas in July 2006. Glacial lied on its application to intentionally defraud the minority shareholders and the customers of Franklin.

Appx. 000038


I have all the documentation to prove that Gary Mole was/is the largest shareholder of both entities and controls both entities.

Is there a standard protocol for such a notification? If not, to whom to I address the letter? I would like to send a letter this week and will lay the case out and attach the evidence?



Mr. Petras,

In the end, it would be up to our Commissioners to revoke a certification. If you were questioning the basis under which a company was certified by the PUCO, you would have to file to intervene under the company’s certification case at the PUCO.

Sincerely,

Dan Anderson PUCO

DRAFT - This document is created only forth e purposes stated within. It is intended solely for staff discussion, reflecting the views of the author(s) are not necessarily the view of the Staff as a whole or the Commission.


From: MICHAEL PETRAS [mailto:[email protected]] Sent: Wednesday, April 06, 2011 11:20 AM To: Anderson, Dan Subject: Re: response to your e-mail

Thanks for your response.

If I am aware of a company intentionally filed its application improperly to hide that the predecessor license was revoked in another state and can prove it; 1) whom should I address the notification, 2) and is that grounds for revocation of that entity’s PUC license.

I know the second question is loaded and would involve a review of the PUC commissioners. I am not asking if PUCO would automatically pull the license, but is it grounds for revoking the license.

Michael

Appx. 000039



Mr. Petras,

After checking on your question, I’ve been told that the example you gave in your e-mail is correct.

Sincerely,

Dan Anderson, Public Utilities Administrator Public Utilities Commission of Ohio

From: [email protected] To: ContactThePUCO Subject: 58927 Received: 4/1/20116:37:54 PM Message: WEB ID: 58927 AT:04-01-2011 at 06:37 PM Related Case Number: TYPE: complaint NAME: Mr. Michael Petras CONTACT SENDER? Yes MAILING ADDRESS: PHONE INFORMATION:

Home: 650-862-6320 Fax: (no fax number provided?)

E-MAIL: [email protected] INDUSTRY: Electric ACCOUNT INFORMATION:

(no utility company name provided?) (no account name provided?) (no service address provided?) (no service phone number provided?) (no account number provided?)

COMPLAINT DESCRIPTION: In section B6 and B7 of the PUCO Certification Application for Retail Generation Providers and Power Marketers can you provide the definition of "predecessor of the applicant?" Would it be safe to say that if Company A which sells power is majority owned by an individual and that SAME individual later creates and owns Company B which. also sell power, that Company A is the predecessor of Company B? Thank please email me at michaelpetras&yahoo. coin should you need additional clarification.

Appx. 000040




Appx. 000041


Anderson, Dan

From: MICHAEL PETRAS [[email protected] ] Sent: Monday, April 18, 2011 1:34 PM To: Anderson, Dan Subject: Re: response to your e-mail

Thanks. I am aware of the seriousness of my claims. I have shown the evidence I have to several staffers at the CA PUC, who have said its very compelling and are likely to open an investigation into these allegations. They are the ones that suggested I reach out to the other jurisdictions that Glacial does business in.

MVP


Mr. Petras,

I’m sorry for the confusion. I need to do some further checking on this internally and I will get back with you ASAP.

Sincerely,


DRAFT - This document is created only for the purposes stated within. It is intended solely for staff discussion, reflecting the views of the author(s) are not necessarily

the view of the Staff as a whole or the commission.

Dan Anderson, Public Utilities Administrator, Service Monitoring and Enforcement Department, Public Utilities commission of Ohio, 7th Floor, 180 East: Broad Street,

Columbus, Ohio 43215 (614) 995-0444.

From: MICHAEL PETRAS [mailto:michaelpetras'yahoo.com ] Sent: Monday, April 18, 2011 1:22 PM To: Anderson, Dan Subject: Re: response to your e-mail

Dan,

It is a bit unclear how I am to respond. Was I ccd on this email and we are waiting for the other person cc’d responds?

MVP


Appx. 000042


If I remember correctly what we discussed, does he need to file under case 08-0552-EL-CRS? If so, what does he file?

Thanks,

Dan

<image001 .jpg>



From: MICHAEL PETRAS [mailto:[email protected]] Sent: Monday, April 18, 2011 1:04 AM To: Anderson, Dan Subject: Re: response to your e-mail

Dan,

I would like to notice the PUCO that Glacial Energy knowingly and intentionally lied on its application. Its alter-ego/affiliate Franklin Power had its licensed revoked in Texas in July 2006. Glacial lied on its application to intentionally defraud the minority shareholders and the customers of Franklin.

I have all the documentation to prove that Gary Mole was/is the largest shareholder of both entities and controls both entities.

Is there a standard protocol for such a notification? If not, to whom to I address the letter? I would like to send a letter this week and will lay the case out and attach the evidence?



Mr. Petras,

In the end, it would be up to our Commissioners to revoke a certification. If you were questioning the basis under which a company was certified by the PUCO, you would have to file to intervene under the company’s certification case at the PUCO.

Sincerely,

Dan Anderson Pu Co

Appx. 000043




From: MICHAEL PETRAS [mailto: [email protected]] Sent: Wednesday, April 06, 2011 11:20 AM To: Anderson, Dan Subject: Re: response to your e-mail

Thanks for your response.

If I am aware of a company intentionally filed its application improperly to hide that the predecessor license was revoked in another state and can prove it; 1) whom should I address the notification, 2) and is that grounds for revocation of that entity’s PUC license.

I know the second question is loaded and would involve a review of the PUC commissioners. I am not asking if PUCO would automatically pull the license, but is it grounds for revoking the license.

Michael


Mr. Petras,

After checking on your question, I’ve been told that the example you gave in your e-mail is correct.

Sincerely,

Dan Anderson, Public Utilities Administrator Public Utilities Commission of Ohio

From: [email protected] To: ContactThePUCO Subject: 58927 Received: 4/1/2011 6:37:54 PM Message: WEB ID: 58927 AT:04-01-201 1 at 06:37 PM

Appx. 000044


Related Case Number: TYPE: complaint NAME: Mr. Michael Petras CONTACT SENDER? Yes MAILING ADDRESS: PHONE INFORMATION:

Home: 650-862-6320 Fax: (no fax number provided?)

E-MAIL: [email protected] INDUSTRY: Electric ACCOUNT INFORMATION:

(no utility company name provided?) (no account name provided?) (no service address provided?) (no service phone number provided?) (no account number provided?)

COMPLAINT DESCRIPTION: In section 136 and 137 of the PUCO Certification Application for Retail Generation Providers and Power Marketers can you provide the definition of "predecessor of the applicant?" Would it be safe to say that if Company A which sells power is majority owned by an individual and that SAME individual later creates and owns Company B which also sell power, that Company A is the predecessor of Company B? Thank please email me at [email protected] should you need additional clarification.



Appx. 000045


Stockhausen, Chuck

From: Stockhausen, Chuck Sent: Tuesday, April 19, 20113:37 PM To: ’[email protected] ’ Subject: Glacial Energy complaint

Mr. Totten,

The Public Utilities Commission of Ohio (PUCO) recently received an email complaint which accuses Glacial Energy of Ohio, Inc. of intentionally providing false information in its Ohio competitive retail electric service (CRES) provider certification application. Glacial Energy of Ohio was initially certified in Ohio as Power Marketer in April 2008 and was renewed in July 2010 (case 08-552-EL-CRS). Specifically, the email states that Glacial failed to disclose in its application that Gary Mole, President & Chief Executive Officer of Glacial Energy, was a primary shareholder of Franklin Power a predecessor company of Glacial Energy and that Franklin Power had its license revoked by the Texas PUC.

The Ohio certification application requires disclosure of whether the applicant or a predecessor of the applicant has had any certification, license, or application to provide retail or wholesale electric service denied, curtailed, suspended, revoked, or cancelled within the past two years.

I would appreciate if your office could assist in our investigation of this allegation by providing any information you might have regarding Franklin Power. Unfortunately, the complainant did not include a license, certificate or docket number for reference.

Thank you for your cooperation.

Chuck Stockhausen Reliability and Service Analysis Division Service Monitoring and Enforcement Department 614-728-5049

This document was created only for the purpose stated within. It is for staff discussion only and does not reflect the view of the Commission.

Appx. 000046


State Court Transcript - Petras v Mole

Documents

Transcript of State Court Transcript - Petras v Mole