Service of Notice of Motor Carrier Formal Complaints [45 Pa.B. 738]
[Saturday, February 7, 2015]Formal Complaints have been issued by the Pennsylvania Public Utility Commission. Answers must be filed in accordance with 52 Pa. Code (relating to public utilities). Answers are due February 16, 2015, and must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy to the First Deputy Chief Prosecutor, Pennsylvania Public Utility Commission.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Pennywise Sedan Service LLC; Docket No. C-2014-2432322 COMPLAINT Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Pennywise Sedan Service LLC (''Respondent''), pursuant to Section 701 of the Public Utility Code, 66 Pa.C.S. § 701. In support of its Complaint, I&E respectfully represents the following:
Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of P. O. Box 3265, Harrisburg, PA 17105-3265, is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth pursuant to the Public Utility Code, 66 Pa.C.S. §§ 101, et seq.
2. Complainant is the Commission's Bureau of Investigation and Enforcement and is the entity established by statute to prosecute complaints against public utilities pursuant to 66 Pa.C.S. § 308.2(a)(11).
3. Complainant is represented by:
Stephanie M. Wimer
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.772.8839
stwimer@pa.govWayne T. Scott
First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
wascott@pa.gov4. Respondent is Pennywise Sedan Service LLC and maintains its principal place of business at 5 Williams Way, Sellersville, PA 18960.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting passengers in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a certificate of public convenience on or about November 13, 1978, at A-00100985, for limousine authority.
7. Section 501(a) of the Public Utility Code, 66 Pa.C.S. § 501(a), authorizes and obligates the Commission to execute and enforce the provisions of the Public Utility Code.
8. Section 701 of the Public Utility Code, 66 Pa.C.S. § 701, authorizes the Commission, inter alia, to hear and determine complaints against public utilities for a violation of any law or regulation that the Commission has jurisdiction to administer.
9. Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301, authorizes the Commission to impose civil penalties on any public utility, or any other person or corporation subject to the Commission's authority, for violation(s) of the Public Utility Code and/or Commission regulations.
10. Respondent, in transporting passengers as a common carrier for compensation, is subject to the power and authority of this Commission pursuant to Section 501(c) of the Public Utility Code, 66 Pa.C.S. § 501(c), which requires a public utility to comply with Commission regulations.
11. Pursuant to the provisions of the applicable Commonwealth statutes and regulations, the Commission has jurisdiction over the subject matter of this complaint and the actions of Respondent related thereto.
Factual Background
2012-2013 Fiscal Year 12. On or about February 16, 2012, the Commission mailed to Respondent an assessment report for Respondent to report its 2011 calendar year revenues.
13. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2012.
14. Respondent failed to file an assessment report to show its 2011 calendar year revenues.
2013-2014 Fiscal Year 15. On or about September 12, 2013, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year. Respondent's assessment was $1,458.
16. On September 18, 2013, Respondent signed a certified mail card, which indicated that it received an assessment invoice for the Commission's July 1, 2013 to June 30, 2014 Fiscal Year.
17. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
18. The Commission received no objections from Respondent to the 2013-2014 Fiscal Year Assessment.
19. Respondent failed to fully pay the amount of its 2013-2014 assessment invoice.
20. The total outstanding assessment balance for Respondent is $1,458.
Violations
COUNT 1 21. That Respondent failed to demonstrate its gross intrastate operating revenues for the 2011 calendar year in that it did not file an assessment report for that year.
If proven, this is a violation of Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $1,000 for each calendar year that Respondent failed to report its gross intrastate operating revenues, or $1,000.
COUNT 2 22. That Respondent failed to satisfy its 2013-2014 fiscal year assessment in that it did not pay the amount due within thirty (30) days of receipt of the invoice.
If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 15% of the outstanding assessment balance or $219.
Wherefore, for all the foregoing reasons, the Bureau of Investigation and Enforcement of Pennsylvania Public Utility Commission respectfully requests that:
(a) Respondent be ordered to pay a total of $2,677, which consists of its outstanding assessment balance, which totals $1,458 and a civil penalty of $1,219 for the above-described violations;
(b) Respondent be directed to file assessment reports on a going-forward basis; and
(c) If payment of the civil penalty and assessment is not made, the Bureau of Investigation and Enforcement requests that:
(1) the Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent;
(2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and
(3) the Commission certify automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.
Respectfully submitted,
Stephanie M. Wimer
ProsecutorBureau of Investigation & Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Date: July 17, 2014
VERIFICATION I, Mandy Freas, Accountant, Bureau of Administrative Services, Assessment Section, 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: July 17, 2014
Mandy Freas, Accountant
Assessment Section
Bureau of Administrative Services
PA. Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265NOTICE A. You must file an Answer within 20 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
C. You may elect not to contest this Complaint by paying the past due assessment and civil penalty within 20 days. Send only a certified check or money order made payable to the Commonwealth of Pennsylvania and mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 an Order imposing the penalty set forth in this Complaint.
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 the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Ground Courier, Inc.; Docket No. C-2014-2435228 COMPLAINT Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Ground Courier, Inc. (''Respondent''), pursuant to Section 701 of the Public Utility Code, 66 Pa.C.S. § 701. In support of its Complaint, I&E respectfully represents the following:
Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of P. O. Box 3265, Harrisburg, PA 17105-3265, is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth pursuant to the Public Utility Code, 66 Pa.C.S. §§ 101, et seq.
2. Complainant is the Commission's Bureau of Investigation and Enforcement and is the entity established by statute to prosecute complaints against public utilities pursuant to 66 Pa.C.S. § 308.2(a)(11).
3. Complainant is represented by:
Stephanie M. Wimer
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.772.8839
stwimer@pa.govWayne T. Scott
First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
wascott@pa.gov4. Respondent is Ground Courier, Inc. and maintains its principal place of business at 9 Portland Road, West Conshohocken, PA 19428.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting property in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a certificate of public convenience on or about April 27, 1999, at A-00115614, for truck authority.
7. Section 501(a) of the Public Utility Code, 66 Pa.C.S. § 501(a), authorizes and obligates the Commission to execute and enforce the provisions of the Public Utility Code.
8. Section 701 of the Public Utility Code, 66 Pa.C.S. § 701, authorizes the Commission, inter alia, to hear and determine complaints against public utilities for a violation of any law or regulation that the Commission has jurisdiction to administer.
9. Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301, authorizes the Commission to impose civil penalties on any public utility, or any other person or corporation subject to the Commission's authority, for violation(s) of the Public Utility Code and/or Commission regulations.
10. Respondent, in transporting property as a common carrier for compensation, is subject to the power and authority of this Commission pursuant to Section 501(c) of the Public Utility Code, 66 Pa.C.S. § 501(c), which requires a public utility to comply with Commission regulations.
11. Pursuant to the provisions of the applicable Commonwealth statutes and regulations, the Commission has jurisdiction over the subject matter of this complaint and the actions of Respondent related thereto.
Factual Background
12. On August 7, 2012, the Secretary's Bureau served an Amended Complaint that I&E filed against Respondent at Docket No. C-2012-2313708, alleging that Respondent violated Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b), by failing to file assessment reports for the 2009 and 2010 calendar years.
13. The Complaint also alleged that Respondent violated Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c), by failing to satisfy its 2010-2011 and 2011- 2012 fiscal year assessments.
14. Respondent paid the civil penalty as requested by I&E in the Amended Complaint and the full amount of its outstanding assessment balance for the 2010-2011 and 2011-2012 fiscal years.
15. On October 15, 2012, I&E filed a Certificate of Satisfaction with the Secretary's Bureau indicating that the Complaint had been satisfied and requesting that the proceeding be marked closed.
2012-2013 Fiscal Year 16. On or about February 16, 2012, the Commission mailed to Respondent an assessment report for Respondent to report its 2011 calendar year revenues.
17. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2012.
18. Respondent failed to file an assessment report to show its 2011 calendar year revenues.
2013-2014 Fiscal Year 19. On or about February 7, 2013, the Commission mailed to Respondent an assessment report for Respondent to report its 2012 calendar year revenues.
20. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2013.
21. Respondent failed to file an assessment report to show its 2012 calendar year revenues.
22. On or about September 12, 2013, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2012 calendar year. Respondent's assessment was $1,733.
23. On September 18, 2013, Respondent signed a certified mail card, which indicated that it received an assessment invoice for the Commission's July 1, 2013 to June 30, 2014 Fiscal Year.
24. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
25. The Commission received no objections from Respondent to the 2013-2014 Fiscal Year Assessment.
26. On November 26, 2013, the Commission credited Respondent's assessment balance in the amount of $223.
27. On February 4, 2014, Respondent made a payment in the amount of $750 towards its 2013-2014 assessment invoice.
28. Respondent failed to fully pay the amount of its 2013-2014 assessment invoice.
29. The total outstanding assessment balance for Respondent is $760.
Violations
COUNTS 1-2 30. That Respondent failed to demonstrate its gross intrastate operating revenues for the 2011 and 2012 calendar years in that it did not file assessment reports for those years.
If proven, this is a violation of Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $1,500 for each calendar year that Respondent failed to report its gross intrastate operating revenues or $3,000. This civil penalty is based, in part, on Respondent's history of noncompliance with the Public Utility Code involving a failure to file assessment reports, as set forth above.
COUNT 3 31. That Respondent failed to satisfy its 2013-2014 fiscal year assessment in that it did not pay the amount due within thirty (30) days of receipt of the invoice.
If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 25% of the outstanding assessment balance or $190. This civil penalty is based, in part, on Respondent's history of noncompliance with the Public Utility Code involving a failure to pay its assessments, as set forth above.
Wherefore, for all the foregoing reasons, the Bureau of Investigation and Enforcement of Pennsylvania Public Utility Commission respectfully requests that:
(a) Respondent be ordered to pay a total of $3,950, which consists of its outstanding assessment balance, which totals $760 and a civil penalty of $3,190 for the above-described violations;
(b) Respondent be directed to file assessment reports on a going-forward basis; and
(c) If payment of the civil penalty and assessment is not made, the Bureau of Investigation and Enforcement requests that:
(1) the Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent;
(2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and
(3) the Commission certify automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.
Respectfully submitted,
Stephanie M. Wimer
Prosecutor
PA Attorney I.D. No. 207522Pennsylvania Public Utility Commission
Bureau of Investigation & Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Date: August 1, 2014
VERIFICATION I, Mandy Freas, Accountant, Bureau of Administrative Services, Assessment Section, 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: August 1, 2014
Mandy Freas, Accountant
Assessment Section
Bureau of Administrative Services
PA. Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265NOTICE A. You must file an Answer within 20 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
C. You may elect not to contest this Complaint by paying the past due assessment and civil penalty within 20 days. Send only a certified check or money order made payable to the Commonwealth of Pennsylvania and mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 an Order imposing the penalty set forth in this Complaint.
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 the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Transline Trucking LTD; Docket No. C-2014-2432326 COMPLAINT Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Transline Trucking LTD (''Respondent''), pursuant to Section 701 of the Public Utility Code, 66 Pa.C.S. § 701. In support of its Complaint, I&E respectfully represents the following:
Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of P. O. Box 3265, Harrisburg, PA 17105-3265, is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth pursuant to the Public Utility Code, 66 Pa.C.S. §§ 101, et seq.
2. Complainant is the Commission's Bureau of Investigation and Enforcement and is the entity established by statute to prosecute complaints against public utilities pursuant to 66 Pa.C.S. § 308.2(a)(11).
3. Complainant is represented by:
Stephanie M. Wimer
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.772.8839
stwimer@pa.govWayne T. Scott
First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
wascott@pa.gov4. Respondent is Transline Trucking LTD and maintains its principal place of business at Box 152, East Petersburg, PA 17520.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting property in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a certificate of public convenience on or about July 5, 2006, at A-00122883, for truck authority.
7. Section 501(a) of the Public Utility Code, 66 Pa.C.S. § 501(a), authorizes and obligates the Commission to execute and enforce the provisions of the Public Utility Code.
8. Section 701 of the Public Utility Code, 66 Pa.C.S. § 701, authorizes the Commission, inter alia, to hear and determine complaints against public utilities for a violation of any law or regulation that the Commission has jurisdiction to administer.
9. Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301, authorizes the Commission to impose civil penalties on any public utility, or any other person or corporation subject to the Commission's authority, for violation(s) of the Public Utility Code and/or Commission regulations.
10. Respondent, in transporting property as a common carrier for compensation, is subject to the power and authority of this Commission pursuant to Section 501(c) of the Public Utility Code, 66 Pa.C.S. § 501(c), which requires a public utility to comply with Commission regulations.
11. Pursuant to the provisions of the applicable Commonwealth statutes and regulations, the Commission has jurisdiction over the subject matter of this complaint and the actions of Respondent related thereto.
Factual Background
2012-2013 Fiscal Year 12. On or about February 16, 2012, the Commission mailed to Respondent an assessment report for Respondent to report its 2011 calendar year revenues.
13. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2012.
14. Respondent failed to file an assessment report to show its 2011 calendar year revenues.
2013-2014 Fiscal Year 15. On or about February 7, 2013, the Commission mailed to Respondent an assessment report for Respondent to report its 2012 calendar year revenues.
16. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2013.
17. Respondent failed to file an assessment report to show its 2012 calendar year revenues.
18. On or about September 12, 2013, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2012 calendar year. Respondent's assessment was $4,975.
19. On September 19, 2013, Respondent signed a certified mail card, which indicated that it received an assessment invoice for the Commission's July 1, 2013 to June 30, 2014 Fiscal Year.
20. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
21. The Commission received no objections from Respondent to the 2013-2014 Fiscal Year Assessment.
22. On November 26, 2013, the Commission credited Respondent's assessment balance in the amount of $642.
23. Respondent failed to fully pay the amount of its 2013-2014 assessment invoice.
24. The total outstanding assessment balance for Respondent is $4,333.
Violations
COUNTS 1-2 25. That Respondent failed to demonstrate its gross intrastate operating revenues for the 2011 and 2012 calendar years in that it did not file assessment reports for those years.
If proven, this is a violation of Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $1,000 for each calendar year that Respondent failed to report its gross intrastate operating revenues or $2,000.
COUNT 3 26. That Respondent failed to satisfy its 2013-2014 fiscal year assessment in that it did not pay the amount due within thirty (30) days of receipt of the invoice.
If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 15% of the outstanding assessment balance or $650.
Wherefore, for all the foregoing reasons, the Bureau of Investigation and Enforcement of Pennsylvania Public Utility Commission respectfully requests that:
(a) Respondent be ordered to pay a total of $6,983, which consists of its outstanding assessment balance, which totals $4,333 and a civil penalty of $2,650 for the above-described violations;
(b) Respondent be directed to file assessment reports on a going-forward basis; and
(c) If payment of the civil penalty and assessment is not made, the Bureau of Investigation and Enforcement requests that:
(1) the Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent;
(2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and
(3) the Commission certify automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.
Respectfully submitted,
Stephanie M. Wimer
ProsecutorBureau of Investigation & Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Date: July 17, 2014
VERIFICATION I, Mandy Freas, Accountant, Bureau of Administrative Services, Assessment Section, 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: July 17, 2014
Mandy Freas, Accountant
Assessment Section
Bureau of Administrative Services
PA. Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265NOTICE A. You must file an Answer within 20 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
C. You may elect not to contest this Complaint by paying the past due assessment and civil penalty within 20 days. Send only a certified check or money order made payable to the Commonwealth of Pennsylvania and mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 an Order imposing the penalty set forth in this Complaint.
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 the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Morgan Coach and Tours LLC; Docket No. C-2014-2432970 COMPLAINT Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Morgan Coach and Tours LLC (''Respondent''), pursuant to Section 701 of the Public Utility Code, 66 Pa.C.S. § 701. In support of its Complaint, I&E respectfully represents the following:
Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of P. O. Box 3265, Harrisburg, PA 17105-3265, is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth pursuant to the Public Utility Code, 66 Pa.C.S. §§ 101, et seq.
2. Complainant is the Commission's Bureau of Investigation and Enforcement and is the entity established by statute to prosecute complaints against public utilities pursuant to 66 Pa.C.S. § 308.2(a)(11).
3. Complainant is represented by:
Stephanie M. Wimer
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.772.8839
stwimer@pa.govWayne T. Scott
First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
wascott@pa.gov4. Respondent is Morgan Coach and Tours LLC and maintains its principal place of business at 1828 5th Avenue, McKeesport, PA 15132, Attention: Richard L. Morgan II.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting passengers in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a certificate of public convenience on or about February 19, 2009, at A-2008-2070717, for group and party 16 or greater authority.
7. Section 501(a) of the Public Utility Code, 66 Pa.C.S. § 501(a), authorizes and obligates the Commission to execute and enforce the provisions of the Public Utility Code.
8. Section 701 of the Public Utility Code, 66 Pa.C.S. § 701, authorizes the Commission, inter alia, to hear and determine complaints against public utilities for a violation of any law or regulation that the Commission has jurisdiction to administer.
9. Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301, authorizes the Commission to impose civil penalties on any public utility, or any other person or corporation subject to the Commission's authority, for violation(s) of the Public Utility Code and/or Commission regulations.
10. Respondent, in transporting passengers as a common carrier for compensation, is subject to the power and authority of this Commission pursuant to Section 501(c) of the Public Utility Code, 66 Pa.C.S. § 501(c), which requires a public utility to comply with Commission regulations.
11. Pursuant to the provisions of the applicable Commonwealth statutes and regulations, the Commission has jurisdiction over the subject matter of this complaint and the actions of Respondent related thereto.
Factual Background
2012-2013 Fiscal Year 12. On or about February 16, 2012, the Commission mailed to Respondent an assessment report for Respondent to report its 2011 calendar year revenues.
13. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2012.
14. Respondent failed to file an assessment report to show its 2011 calendar year revenues.
15. On or about August 27, 2012, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2012 to June 30, 2013 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2011 calendar year. Respondent's assessment was $267.
16. On September 7, 2012, Respondent signed a certified mail card, which indicated that it received an assessment invoice for the Commission's July 1, 2012 to June 30, 2013 Fiscal Year.
17. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
18. The Commission received no objections from Respondent to this assessment.
19. On or about January 17, 2014, Respondent made a payment in the amount of $259, which was applied to its 2012-2013 assessment invoice.
20. Respondent failed to fully pay its 2012-2013 assessment invoice.
2013-2014 Fiscal Year 21. On or about February 7, 2013, the Commission mailed to Respondent an assessment report for Respondent to report its 2012 calendar year revenues.
22. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2013.
23. Respondent failed to file an assessment report to show its 2012 calendar year revenues.
24. The total outstanding assessment balance for Respondent is $8.
Violations
COUNTS 1-2 25. That Respondent failed to demonstrate its gross intrastate operating revenues for the 2011 and 2012 calendar years in that it did not file assessment reports for those years.
If proven, this is a violation of Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $1,000 for each calendar year that Respondent failed to report its gross intrastate operating revenues or $2,000.
COUNT 3 26. That Respondent failed to satisfy its 2012-2013 fiscal year assessment in that it did not pay the amount due within thirty (30) days of receipt of the invoice.
If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 15% of the outstanding assessment balance or $1.
Wherefore, for all the foregoing reasons, the Bureau of Investigation and Enforcement of Pennsylvania Public Utility Commission respectfully requests that:
(a) Respondent be ordered to pay a total of $2,009, which consists of its outstanding assessment balance, which totals $8 and a civil penalty of $2,001 for the above-described violations;
(b) Respondent be directed to file assessment reports on a going-forward basis; and
(c) If payment of the civil penalty and assessment is not made, the Bureau of Investigation and Enforcement requests that:
(1) the Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent;
(2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and
(3) the Commission certify automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.
Respectfully submitted,
Stephanie M. Wimer
ProsecutorBureau of Investigation & Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Date: July 21, 2014
VERIFICATION I, Mandy Freas, Accountant, Bureau of Administrative Services, Assessment Section, 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: July 21, 2014
Mandy Freas, Accountant
Assessment Section
Bureau of Administrative Services
PA. Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265NOTICE A. You must file an Answer within 20 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
C. You may elect not to contest this Complaint by paying the past due assessment and civil penalty within 20 days. Send only a certified check or money order made payable to the Commonwealth of Pennsylvania and mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 an Order imposing the penalty set forth in this Complaint.
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 the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. ETC Logistics, LLC; Docket No. C-2014-2432968 COMPLAINT Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against ETC Logistics, LLC (''Respondent''), pursuant to Section 701 of the Public Utility Code, 66 Pa.C.S. § 701. In support of its Complaint, I&E respectfully represents the following:
Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of P. O. Box 3265, Harrisburg, PA 17105-3265, is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth pursuant to the Public Utility Code, 66 Pa.C.S. §§ 101, et seq.
2. Complainant is the Commission's Bureau of Investigation and Enforcement and is the entity established by statute to prosecute complaints against public utilities pursuant to 66 Pa.C.S. § 308.2(a)(11).
3. Complainant is represented by:
Stephanie M. Wimer
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.772.8839
stwimer@pa.govWayne T. Scott
First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
wascott@pa.gov4. Respondent is ETC Logistics, LLC and maintains its principal place of business at P. O. Box 462, Parkman, OH 44080.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting property in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a certificate of public convenience on or about May 28, 2002, at A-00118789, for truck authority.
7. Section 501(a) of the Public Utility Code, 66 Pa.C.S. § 501(a), authorizes and obligates the Commission to execute and enforce the provisions of the Public Utility Code.
8. Section 701 of the Public Utility Code, 66 Pa.C.S. § 701, authorizes the Commission, inter alia, to hear and determine complaints against public utilities for a violation of any law or regulation that the Commission has jurisdiction to administer.
9. Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301, authorizes the Commission to impose civil penalties on any public utility, or any other person or corporation subject to the Commission's authority, for violation(s) of the Public Utility Code and/or Commission regulations.
10. Respondent, in transporting property as a common carrier for compensation, is subject to the power and authority of this Commission pursuant to Section 501(c) of the Public Utility Code, 66 Pa.C.S. § 501(c), which requires a public utility to comply with Commission regulations.
11. Pursuant to the provisions of the applicable Commonwealth statutes and regulations, the Commission has jurisdiction over the subject matter of this complaint and the actions of Respondent related thereto.
Factual Background
2012-2013 Fiscal Year 12. On or about February 16, 2012, the Commission mailed to Respondent an assessment report for Respondent to report its 2011 calendar year revenues.
13. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2012.
14. Respondent failed to file an assessment report to show its 2011 calendar year revenues.
15. On or about August 27, 2012, the Commission sent Respondent an assessment invoice for the July 1, 2012 to June 30, 2013 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2011 calendar year. Respondent's assessment was $35.
16. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
17. The Commission received no objections from Respondent to this assessment.
18. Respondent failed to pay the amount of its 2012-2013 assessment invoice.
2013-2014 Fiscal Year 19. On or about February 7, 2013, the Commission mailed to Respondent an assessment report for Respondent to report its 2012 calendar year revenues.
20. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2013.
21. Respondent failed to file an assessment report to show its 2012 calendar year revenues.
22. On or about September 12, 2013, the Commission sent Respondent an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2012 calendar year. Respondent's assessment was $49.
23. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
24. The Commission received no objections from Respondent to the 2013-2014 Fiscal Year Assessment.
25. On November 26, 2013, the Commission credited Respondent's assessment balance in the amount of $6.
26. Respondent failed to fully pay the amount of its 2013-2014 assessment invoice.
27. The total outstanding assessment balance for Respondent is $78.
Violations
COUNTS 1-2 28. That Respondent failed to demonstrate its gross intrastate operating revenues for the 2011 and 2012 calendar years in that it did not file assessment reports for those years.
If proven, this is a violation of Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $1,000 for each calendar year that Respondent failed to report its gross intrastate operating revenues or $2,000.
COUNTS 3-4 29. That Respondent failed to satisfy its 2012-2013 and 2013-2014 fiscal year assessments in that it did not pay the amounts due within thirty (30) days of receipt of the invoices.
If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 15% of the outstanding assessment balance or $12.
Wherefore, for all the foregoing reasons, the Bureau of Investigation and Enforcement of Pennsylvania Public Utility Commission respectfully requests that:
(a) Respondent be ordered to pay a total of $2,090, which consists of its outstanding assessment balance, which totals $78 and a civil penalty of $2,012 for the above-described violations;
(b) Respondent be directed to file assessment reports on a going-forward basis; and
(c) If payment of the civil penalty and assessments is not made, the Bureau of Investigation and Enforcement requests that:
(1) The Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent;
(2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and
(3) the Commission certify automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.
Respectfully submitted,
Stephanie M. Wimer
ProsecutorBureau of Investigation & Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Date: July 21, 2014
VERIFICATION I, Mandy Freas, Accountant, Bureau of Administrative Services, Assessment Section, 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: July 21, 2014
Mandy Freas, Accountant
Assessment Section
Bureau of Administrative Services
PA. Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265NOTICE A. You must file an Answer within 20 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
C. You may elect not to contest this Complaint by paying the past due assessment and civil penalty within 20 days. Send only a certified check or money order made payable to the Commonwealth of Pennsylvania and mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 an Order imposing the penalty set forth in this Complaint.
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 the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Summit Logistics Services, Inc.; Docket No. C-2014-447675 COMPLAINT Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its counsel, and files this Complaint against Summit Logistics Services, Inc. (''Respondent''), pursuant to Section 701 of the Public Utility Code, 66 Pa.C.S. § 701. In support of its Complaint, I&E respectfully represents the following:
Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of P. O. Box 3265, Harrisburg, PA 17105-3265, is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth pursuant to the Public Utility Code, 66 Pa.C.S. §§ 101, et seq.
2. Complainant is the Commission's Bureau of Investigation and Enforcement and is the entity established by statute to prosecute complaints against public utilities pursuant to 66 Pa.C.S. § 308.2(a)(11).
3. Complainant is represented by:
Stephanie M. Wimer
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.772.8839
stwimer@pa.govWayne T. Scott
First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.783.6150
wascott@pa.gov4. Respondent is Summit Logistics Services, Inc. and maintains its principal place of business at 120 Huxley Road, Suite 101, Knoxville, TN 37922.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting property in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a certificate of public convenience on or about February 25, 2008, at A-2008-2018881, for truck authority.
7. Section 501(a) of the Public Utility Code, 66 Pa.C.S. § 501(a), authorizes and obligates the Commission to execute and enforce the provisions of the Public Utility Code.
8. Section 701 of the Public Utility Code, 66 Pa.C.S. § 701, authorizes the Commission, inter alia, to hear and determine complaints against public utilities for a violation of any law or regulation that the Commission has jurisdiction to administer.
9. Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301, authorizes the Commission to impose civil penalties on any public utility, or any other person or corporation subject to the Commission's authority, for violation(s) of the Public Utility Code and/or Commission regulations.
10. Respondent, in transporting property as a common carrier for compensation, is subject to the power and authority of this Commission pursuant to Section 501(c) of the Public Utility Code, 66 Pa.C.S. § 501(c), which requires a public utility to comply with Commission regulations.
11. Pursuant to the provisions of the applicable Commonwealth statutes and regulations, the Commission has jurisdiction over the subject matter of this complaint and the actions of Respondent related thereto.
Factual Background
12. On or about February 16, 2012, the Commission mailed to Respondent an assessment report form for Respondent to report its 2011 calendar year revenues.
13. The assessment report form was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2012.
14. Respondent failed to file an assessment report to show its 2011 calendar year revenues.
15. On or about February 7, 2013, the Commission mailed to Respondent an assessment report form for Respondent to report its 2012 calendar year revenues.
16. The assessment report form was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2013.
17. Respondent failed to file an assessment report to show its 2012 calendar year revenues.
Violations
COUNTS 1-2 18. That Respondent failed to demonstrate its gross intrastate operating revenues for the 2011 and 2012 calendar years in that it did not file assessment reports for those years.
If proven, this is a violation of Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $2,000.
Wherefore, for all the foregoing reasons, the Bureau of Investigation and Enforcement of Pennsylvania Public Utility Commission respectfully requests that:
(a) Respondent be directed to file assessment reports on a going-forward basis;
(b) Respondent be ordered to pay a civil penalty of $2,000 for the above-described violations; and
(c) If payment of the civil penalty is not made, the Bureau of Investigation and Enforcement requests that the Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent.
Respectfully submitted,
Stephanie M. Wimer
Prosecutor
PA Attorney I.D. No. 207522Pennsylvania Public Utility Commission
Bureau of Investigation & Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Date: October 15, 2014
VERIFICATION I, Mandy Freas, Accountant, Bureau of Administrative Services, Assessment Section, 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: October 15, 2014
Mandy Freas, Accountant
Assessment Section
Bureau of Administrative Services
PA. Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265NOTICE A. You must file an Answer within 20 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
C. You may elect not to contest this Complaint by paying the past due assessment and civil penalty within 20 days. Send only a certified check or money order made payable to the Commonwealth of Pennsylvania and mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 an Order imposing the penalty set forth in this Complaint.
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 the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Luxury Limousine Service, Inc.; Docket No. C-2014-2435203 COMPLAINT Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Luxury Limousine Service, Inc. (''Respondent''), pursuant to Section 701 of the Public Utility Code, 66 Pa.C.S. § 701. In support of its Complaint, I&E respectfully represents the following:
Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of P. O. Box 3265, Harrisburg, PA 17105-3265, is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth pursuant to the Public Utility Code, 66 Pa.C.S. §§ 101, et seq.
2. Complainant is the Commission's Bureau of Investigation and Enforcement and is the entity established by statute to prosecute complaints against public utilities pursuant to 66 Pa.C.S. § 308.2(a)(11).
3. Complainant is represented by:
Stephanie M. Wimer
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.772.8839
stwimer@pa.govWayne T. Scott
First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
wascott@pa.gov4. Respondent is Luxury Limousine Service, Inc. and maintains its principal place of business at 1200 Crosby Street, Chester, PA 19013.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting passengers in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a certificate of public convenience on or about April 6, 2000, at A-00115605, for group and party 16 or greater authority and limousine authority.
7. Section 501(a) of the Public Utility Code, 66 Pa.C.S. § 501(a), authorizes and obligates the Commission to execute and enforce the provisions of the Public Utility Code.
8. Section 701 of the Public Utility Code, 66 Pa.C.S. § 701, authorizes the Commission, inter alia, to hear and determine complaints against public utilities for a violation of any law or regulation that the Commission has jurisdiction to administer.
9. Section 3301 of the Public Utility Code, 66 Pa.C.S. § 3301, authorizes the Commission to impose civil penalties on any public utility, or any other person or corporation subject to the Commission's authority, for violation(s) of the Public Utility Code and/or Commission regulations.
10. Respondent, in transporting passengers as a common carrier for compensation, is subject to the power and authority of this Commission pursuant to Section 501(c) of the Public Utility Code, 66 Pa.C.S. § 501(c), which requires a public utility to comply with Commission regulations.
11. Pursuant to the provisions of the applicable Commonwealth statutes and regulations, the Commission has jurisdiction over the subject matter of this complaint and the actions of Respondent related thereto.
Factual Background
12. On July 10, 2012, the Secretary's Bureau served a Complaint that I&E filed against Respondent at Docket No. C-2012-2312933, alleging that Respondent violated Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c), by failing to satisfy its 2009-2010, 2010-2011, and 2011-2012 fiscal year assessments.
13. Respondent paid the civil penalty as requested by I&E and the full amount of its outstanding assessment balance, which satisfied its 2009-2010, 2010-2011, and 2011-2012 fiscal year assessments.
14. On January 22, 2014, I&E filed a Certificate of Satisfaction with the Secretary's Bureau indicating that the Complaint had been satisfied and requesting that the proceeding be marked closed.
2012-2013 Fiscal Year 15. On or about August 27, 2012, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2012 to June 30, 2013 Fiscal Year. Respondent's assessment was $1,280.
16. On September 7, 2012, Respondent signed a certified mail card, which indicated that it received an assessment invoice for the Commission's July 1, 2012 to June 30, 2013 Fiscal Year.
17. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
18. The Commission received no objections from Respondent to this assessment.
19. Respondent failed to fully pay the amount of its 2012-2013 assessment invoice.
2013-2014 Fiscal Year 20. On or about September 12, 2013, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year. Respondent's assessment was $1,384.
21. On September 18, 2013, Respondent signed a certified mail card, which indicated that it received an assessment invoice for the Commission's July 1, 2013 to June 30, 2014 Fiscal Year.
22. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
23. The Commission received no objections from Respondent to the 2013-2014 Fiscal Year Assessment.
24. Respondent failed to fully pay the amount of its 2013-2014 assessment invoice.
25. The total outstanding assessment balance for Respondent is $2,664.
Violations
COUNTS 1-2 26. That Respondent failed to satisfy its 2012-2013 and 2013-2014 fiscal year assessments in that it did not pay the amounts due within thirty (30) days of receipt of the invoices.
If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 25% of the outstanding assessment balance or $666. This civil penalty is based, in part, on Respondent's history of noncompliance with the Public Utility Code involving a failure to satisfy its assessments, as set forth above.
Wherefore, for all the foregoing reasons, the Bureau of Investigation and Enforcement of Pennsylvania Public Utility Commission respectfully requests that:
(a) Respondent be ordered to pay a total of $3,330, which consists of its outstanding assessment balance, which totals $2,664 and a civil penalty of $666 for the above-described violations; and
(b) If payment of the civil penalty and assessments is not made, the Bureau of Investigation and Enforcement requests that:
(1) the Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent;
(2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and
(3) the Commission certify automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.
Respectfully submitted,
Stephanie M. Wimer
Prosecutor
PA Attorney I.D. No. 207522Pennsylvania Public Utility Commission
Bureau of Investigation & Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Date: August 1, 2014
VERIFICATION I, Mandy Freas, Accountant, Bureau of Administrative Services, Assessment Section, 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: August 1, 2014
Mandy Freas, Accountant
Assessment Section
Bureau of Administrative Services
PA. Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265NOTICE A. You must file an Answer within 20 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
C. You may elect not to contest this Complaint by paying the past due assessment and civil penalty within 20 days. Send only a certified check or money order made payable to the Commonwealth of Pennsylvania and mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 an Order imposing the penalty set forth in this Complaint.
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 the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. North Connections Logistics, Inc. 4107-08 Sylon Boulevard Hainesport NJ 08036; Docket No. C-2013-2370505 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 of 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 all authority issued to North Connections Logistics, Inc., (respondent) is under suspension effective May 14, 2013 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 4107-08 Sylon Boulevard, Hainesport, NJ 08036.
3. That respondent was issued a Certificate of Public Convenience by this Commission on July 09, 2009, at A-6210010.
4. That respondent has failed to maintain evidence of Liability insurance on file with this Commission. The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $500 and cancellation of the Certificate of Public Convenience.
5. That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).
Wherefore, unless respondent pays the penalty of $500 and causes its insurer to file evidence of insurance with this Commission within twenty (20) days of the date of service of this Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at A-6210010 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of five hundred dollars ($500.00) for the illegal activity described in this Complaint, (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration and (4) imposes an additional fine on the respondent should cancellation occur.
Respectfully submitted,
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, David W. Loucks, Chief, Motor Carrier Enforcement, 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 that the Bureau will be able to prove 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: 6/27/2013
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and
EnforcementNOTICE A. You must file an Answer within twenty (20) 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, Pennsylvania 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, Pennsylvania 17105-3265B. If you fail to answer this Complaint within twenty (20) days of the date of service, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing the penalty proposed in this Complaint. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $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 causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations and by paying the fine proposed in this Complaint by certified check or money order within twenty (20) days of the date of service of this Complaint. Acord certificates of insurance and faxed form Es and Hs are unacceptable as evidence of insurance.
The proof of insurance must be filed with the:
Compliance Office, Bureau of Technical Utility
Services
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Payment of the fine must be made to the Commonwealth of Pennsylvania and should be forwarded to:
Rosemary Chiavetta, Secretary
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 the evidence of insurance from your insurer, and upon receipt of your payment, the Complaint proceeding shall be closed.
D. If you file an Answer which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing the proposed penalty in this Complaint, which may include the cancellation of your Certificate of Public Convenience. 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 optional fine set forth in this Complaint.
F. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.
____ VEHICLE INSPECTION BUREAU COMPLAINT FORM Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Harrisburg City Cab, Inc. A-00122208; Docket No. C-2014-2444741 COMPLAINT The Pennsylvania Public Utility 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 Investigation and Enforcement 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:
Harrisburg City Cab, Inc.
1601 Paxton St.
Harrisburg, PA 17104Inspection Information:
Location: S. 17th Street, Harrisburg, Dauphin Co.
Date and Time: September 8th and 9th 2014 9:00 amVehicle Information:
Year, Make, Model:
1. 2007 Chevrolet Impala
2. 2007 Chevrolet Impala
3. 2010 Dodge Caravan
4. 2009 Dodge Caravan C/V
5. 2006 ChevroletState, Tag & VIN:
1. PA, TX48146, 2G1WB55K779337088
2. PA, TX48554, 2G1WB58KX79234582
3. PA, TX48747, 2D4RN4DE9AR112442
4. PA, TX48370, 1D8HN11E19B513992
5. PA, TX48105, 3GNDA23D065500242DVCR # 0041111118, 0025121000
Authorized Officer Performing Inspection: E/O Timothy C. Troxell, Supervisor Alan Taylor
On the date and at the time described on page one of this Complaint, the following violations were disclosed:
Title 52:29.71 Taxi number not displayed on vehicle. Marking taxi number. Taxi must be numbered 4 inches in height rear and both sides. Missing ''34'' on both left and right sides.
$50
Title 52:29.402(1) Any part of a ply or cord exposed. Right rear tire cord exposed in inner tread shoulder. Reference also PA 175.65(a). Taxicab 66.
$100
Title 52:29.403(8) Air conditioning must be operative between May 1 and September 30 each year. At time of inspection air conditioning was inoperative. Taxicab 104.
$100
Title 52:29.402(1) Anchorage is loose or broken. Left rear passenger seat seatbelt anchor zip tied onto lower child car seat anchor. Reference also PA 175.78(g) Taxicab 84.
$100
Title 52:29.314(b)(6) Fast meter. Meter calibration checked over measured mile course, displayed $3.20 prior to 100 foot mark of the mile course. Should have read $2.80. Taxicab 100.
$500
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine respondent the sum of $850 for the illegal activity described in this Complaint and order any other remedy as the Commission may deem appropriate.
Respectfully submitted,
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, David W. Loucks, Chief, Motor Carrier Enforcement, 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 that 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: 10/15/2014
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and EnforcementNOTICE A. You must file an Answer within 20 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
C. You may elect not to contest this Complaint by paying the full civil penalty within 20 days. Your check or money order for the civil penalty must include the Complaint's docket number in the memo line. It should be payable to the Commonwealth of Pennsylvania and mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 an Order imposing the penalty set forth in this Complaint.
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 the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
____ VEHICLE INSPECTION BUREAU COMPLAINT FORM Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Harrisburg City Cabs, Inc. A-00122208; Docket No. C-2014-2448614 COMPLAINT The Pennsylvania Public Utility 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 Investigation and Enforcement 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:
Harrisburg City Cabs, Inc.
1601 Paxton St. Harrisburg PA 17104Inspection Information:
17th St. Harrisburg, Dauphin Co.
10-20-14 9:00 A.M.Vehicle Information:
Year, Make, Model: 2009 Dodge Caravan
State, Tag & VIN: PA, TX48557,
VIN # 2D4HN1E69R703385DVCR # 004111
Authorized Officer Performing Inspection: E/O Timothy C. Troxell
On the date and at the time described on page one of this Complaint, the following violations were disclosed:
52 Pa. Code § 29.402(1)—Vehicle equipment inspection standards:
67 Pa. Code Ref § 175.78(g) Seatbelt missing/installed improperly, right and left rear passenger seats (2nd row) safety belt anchors tied off to child seat anchor point.
$100
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine respondent the sum of $100 for the illegal activity described in this Complaint and order any other remedy as the Commission may deem appropriate.
Respectfully submitted,
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, David W. Loucks, Chief, Motor Carrier Enforcement, 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 that 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: 11/12/2014
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and EnforcementNOTICE A. You must file an Answer within 20 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
C. You may elect not to contest this Complaint by paying the full civil penalty within 20 days. Your check or money order for the civil penalty must include the Complaint's docket number in the memo line. It should be payable to the Commonwealth of Pennsylvania and mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 an Order imposing the penalty set forth in this Complaint.
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 the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
____ Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Fatim, Inc.
310 Tribet Place Darby PA 19023;
Docket No. C-2014-2457193COMPLAINT 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 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 all authority issued to Fatim, Inc., (respondent) is under suspension effective October 24, 2014 for failure to maintain evidence of insurance on file with this Commission.
2. That respondent maintains a principal place of business at 310 Tribet Place, Darby, PA 19023.
3. That respondent was issued a Certificate of Public Convenience by this Commission on April 05, 2000, at A-00116657.
4. That respondent has failed to maintain evidence of Liability insurance on file with this Commission. The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $500 and cancellation of the Certificate of Public Convenience.
5. That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 66 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a).
Wherefore, unless respondent pays the penalty of $500 or files an answer in compliance with the attached notice and/or causes its insurer to file evidence of insurance with this Commission within twenty (20) days of the date of service of this Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at A-00116657 for failure to maintain evidence of current insurance on file with the Commission, (2) fines Respondent the sum of five hundred dollars ($500.00) for the illegal activity described in this Complaint, (3) orders such other remedy as the Commission may deem to be appropriate, which may include the suspension of a vehicle registration and (4) imposes an additional fine on the respondent should cancellation occur.
Respectfully submitted,
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265VERIFICATION I, David W. Loucks, Chief, Motor Carrier Enforcement, 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 that the Bureau will be able to prove 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: 12/17/2014
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and EnforcementNOTICE A. You must file an Answer within 20 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 Letter. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense, include the docket number of this Complaint, and be verified. You may file your Answer by mailing an original to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Or, you may eFile your Answer using the Commission's website at www.puc.pa.gov. The link to eFiling is located under the Filing & Resources tab on the homepage. If your Answer is 250 pages or less, you are not required to file a paper copy. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.
Additionally, a copy should either be mailed to:
Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov
B. If you fail to answer this Complaint within 20 days, the Bureau of Investigation and Enforcement will request that the Commission issue an Order imposing the penalty.
C. You may elect not to contest this Complaint by causing your insurer to file proper evidence of current insurance in accordance with the Commission's regulations and by paying the fine proposed in this Complaint by certified check or money order within twenty (20) days of the date of service of this Complaint. Acord certificates of insurance and faxed form Es and Hs are unacceptable as evidence of insurance.
The proof of insurance must be filed with the:
Compliance Office, Bureau of Technical Utility
Services
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Payment of the fine must be made to the Commonwealth of Pennsylvania and should be forwarded to:
Rosemary Chiavetta, Secretary
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 the evidence of insurance from your insurer, and 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 an Order imposing the penalty set forth in this Complaint.
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 the Complaint, and may impose additional and/or alternative penalties as appropriate.
F. If you are a corporation, you must be represented by legal counsel. 52 Pa. Code § 1.21.
Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 15-254. Filed for public inspection February 6, 2015, 9:00 a.m.]