NOTICES

Service of Notice of Motor Carrier Applications

[35 Pa.B. 4284]

   The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). A protest shall indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant by August 22, 2005. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.

Application of the following for approval to begin operating as common carriers for transportation of persons as described under the application.

   A-00121930. Richard Del Cristo t/a Abby's Limousine Service (2423 Victor Street, Easton, Northampton County, PA 18042)--persons, in limousine service, between points in the Counties of Monroe, Lehigh and Northampton and from points in said territories, to points in Pennsylvania, and return.

Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons as described under the application.

   A-00119028, Folder 3. City Lights, LLC (1621 Saw Mill Run Boulevard, Pittsburgh, Allegheny County, PA 15210), a limited liability company of the Commonwealth--persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver: (1) from points in Allegheny County, to points in Pennsylvania, and return; and (2) between points in the Counties of Beaver, Butler, Fayette and Washington, and from points in said counties, to points in Pennsylvania, and return. Attorney: Brad N. Sommer, 21st Floor, Lawyers' Building, 428 Forbes Avenue, Pittsburgh, PA 15219.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Chemlogic Transportation Services LLC, 8 Reservoir Circle, Suite 204, Baltimore, MD 21208; Doc. No. A-00119107C

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 Transportation and Safety and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

   1.  That Chemlogic Transportation Services, LLC, respondent, maintains its principal place of business at 6 Reservoir Circle, Suite 204, Baltimore, MD 21208.

   2.  That respondent was issued a certificate of public convenience by this Commission on February 20, 2003, at Application Docket No. A-00119107, F.2.

   3.  That respondent, by Commission Secretarial letter dated December 4, 2002, was informed to submit a copy of a current satisfactory safety rating from the U. S. Department of Transportation or another state, within 180 days, or complete a safety fitness review by a Commission enforcement officer. Respondent failed to submit its company to a safety fitness review. A satisfactory safety fitness rating must be achieved by respondent in order to maintain a certificate of public convenience to operate as a common carrier of property between points in the Commonwealth of Pennsylvania.

   4.  That respondent, by failing to obey and comply with a Commission Secretarial letter directing respondent to submit its company to a safety fitness review, violated 66 Pa.C.S. § 501(c) and, for failure to maintain adequate, efficient and safe service and facilities, violated 66 Pa.C.S. § 1501.

   Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Chemlogic Transportation Services, LLC's certificate of public convenience at A-00119107, F.2.

Respectfully submitted,

Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

   I, Wendy J. Keezel, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date:  ______      __________
                              Wendy J. Keezel

NOTICE

   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 out come. The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this complaint. Your answer must be verified and the original and three (3) copies sent to:

James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   B.  If you fail to answer this complaint within twenty (20) days, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty, which will include the revocation of your Certificate of Public Convenience.

   C.  If you file an Answer which admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and safety will request that the Commission issue an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience.

   D.  If you file an answer which contests the complaint, the matter will be assigned to an administrative law judge for hearing and decision.

   E.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1168.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 05-1469. Filed for public inspection July 29, 2005, 9:00 a.m.]

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