PENNSYLVANIA PUBLIC UTILITY COMMISSION Service of Notice of Motor Carrier Applications [38 Pa.B. 6672]
[Saturday, December 6, 2008]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 December 22, 2008. 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-2008-2074872. Susan P. Gratalo, t/a Castle Transportation (23 Griffith Street, Hughestown, Luzerne County, PA 18640--persons, in paratransit service, between points in the County of Luzerne, subject to the following conditions: 1) That the service is limited to the transportation of passengers who are ambulatory; 2) That the service is limited to the use of vehicles that have not been modified to handle wheelchairs; and 3) That service is limited to transportation to or from day programs, workshop programs and social events within the Cities of Pittston and Wilkes-Barre, the Townships of Pittston, Dallas and Plains, and the Boroughs of Avoca, Dupont, Duryea, Hughestown, Forty-Fort, Kingston, West Pittston, Wyoming, West Wyoming and Exeter, all in Luzerne County. Attorney: Michael T. Vough, Vough & Associates, 126 South Main Street, Pittston, PA 18640.
A-2008-2075658. RDC Bus Lines, LLC (500 Greentree Commons, 381 Mansfield Avenue, Pittsburgh, Allegheny County, PA 15220), a limited liability company, of the Commonwealth--persons on schedule, and their baggage together with mail, newspapers and such property as can be transported in buses without the removal of seats, between the Township of Ross, Allegheny County, and the City of Harrisburg, Dauphin County, over the following routes: beginning at the North Hills Village in the Township of Ross, Allegheny County, thence by means of US Truck Route 19 to Interstate Highway 279, thence by means of Interstate Highway 279 to the City of Pittsburgh, Allegheny County, thence by means of various city streets to Interstate Highway 376, thence by means of Interstate Highway 376 to PA Highway 48, thence by means of PA Highway 48 to the City of Monroeville, thence by means of US Highway 22 to Interstate Highway 76, thence by means of Interstate Highway 76 to US Highway 15, thence by means of US Highway 15 to PA Highway 581, thence by means of PA Highway 581 to Interstate Highway 83, thence by means of Interstate Highway 83 to the City of Harrisburg, and return over the same routes. Attorney: William A. Gray, Esquire, 310 Grant Street, Suite 2310, Grant Building, Pittsburgh, PA 15219.
____ Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Cheema Cab Co.;
Doc. No. C-2008-2062302COMPLAINT 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 of Transportation and Safety and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:
1. That Cheema Cab Co., maintains its principal place of business at 35 Marian Court, Upper Darby, PA 19082-1806.
2. That respondent was issued a certificate of public convenience by this Commission on March 2, 2005, at Application Docket No. A-00121442.
3. That respondent abandoned or discontinued service without having first filed an application to this Commission for abandonment or discontinuance of service. Respondent has not reported intrastate revenue for calendar year 2007.
4. That respondent, by failing to file an application with this Commission prior to abandoning or discontinuing service, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2) and, by failing to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke respondent's Certificate of Public Convenience at A-00121442.
Respectfully submitted,
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, Wendy J. Keezel, 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 to 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: _____ __________
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services and Enforcement Bureau of Transportation and SafetyNOTICE 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 and three copies sent to:
James J. McNulty, Secretary
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 Transportation and Safety will request that the Commission issue an Order imposing a penalty, which will include the revocation of your Certificate of Public Convenience.
C. If you file an answer which admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty, which may include the revocation of your Certificate of Public Convenience.
D. If you file an answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision.
E. Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1168.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 08-2219. Filed for public inspection December 5, 2008, 9:00 a.m.]
