Service of Notice of Motor Carrier Applications [42 Pa.B. 6358]
[Saturday, October 6, 2012]The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). A protest shall indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant by October 22, 2012. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.
Applications of the following for approval to begin operating as common carriers for transportation of persons as described under each application.
A-2012-2310677. (Corrected) Steven Nolt, t/a Nolt's Van Service (1256 Edgewood Drive, East Earl, Lancaster County, PA 17519)—for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in Lancaster County, to points in Pennsylvania, and return.
A-2012-2317004. PRN Transit Service, Inc. (573 Braddock Avenue, East Pittsburgh, PA 15112), for the right to begin to transport as a common carrier, by motor vehicle, persons in paratransit service, from points in Allegheny County to points in Allegheny County and return.
A-2012-2317384. E & M Trans, Inc. (2601 South Muhlfield Street, Philadelphia, PA 19142)—for the right to begin to transport, as a common carrier, persons in limousine service, from points in the Counties of Berks, Bucks, Chester, Delaware, Lehigh and Montgomery to points in Pennsylvania, and return.
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Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Ellas Limo Inc; C-2012-2314103 COMPLAINT The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau Investigation and Enforcement and other Bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:
1. That Ellas Limo, Inc., Respondent, maintains a principal place of business at 371 Avon St., Philadelphia, Philadelphia County, PA 19116.
2. That Respondent was issued a certificate of public convenience by this Commission on September 9, 2005, at Docket No. A-00121390, for limousine authority.
3. That, between December 1 and December 31 of 2010, Respondent did not provide this Commission with a current list of all of its vehicles utilized under its limousine authority. The list must contain the year, make, vehicle identification number and registration number for each vehicle. It shall be mailed to: Manager, Inspection Division, Bureau of Investigation and Enforcement, PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105.
4. That Respondent, by failing to provide this Commission with a current vehicle list, violated 52 Pa. Code § 29.333(d). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $250.
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine Ellas Limo, Inc. the sum of two hundred and fifty dollars ($250) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
David W Loucks, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA. 17105-326VERIFICATION I, David W. Loucks, Chief of Enforcement for the Motor Carrier Services Division of the Bureau of Investigation and Enforcement, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect the Bureau will be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: 8/23/2012
David W. Loucks, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Investigation and Enforce mentNOTICE A. You must file an answer within twenty days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this Complaint and notice, 52 Pa. Code § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the outcome. The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your answer must be verified and the original shall be mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or may be sent by overnight delivery to:
400 North Street, 2nd Floor
Harrisburg, Pennsylvania 17120Additionally, please serve a copy on:
Wayne T. Scott, Prosecutor
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this Complaint within twenty days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or order of the Commission is a separate and distinct offense, subject to additional penalties.
C. You may elect not to contest this Complaint by paying the fine proposed in this Complaint by certified check or money order within twenty (20) days. Your certified check or money order should be payable to the Commonwealth of Pennsylvania and should be forwarded to:
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed.
D. If you file an answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request the Commission to issue a Secretarial Letter imposing a penalty (see Paragraph B). Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.
E. If you file an answer which contests the Complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the penalty set forth in this Complaint.
F. Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 12-1979. Filed for public inspection October 5, 2012, 9:00 a.m.]
