NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[36 Pa.B. 4687]
[Saturday, August 19, 2006]

   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 September 11, 2006. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.

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

   A-00120451, F.2 Peter D. Sauder (1415 Pinkerton Road, Mount Joy, Lancaster County, PA 17552-8412)--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Lancaster, to points in Pennsylvania, and return.

   A-00123029 Hipolito Castillo Alvarez (250 Mercer Street, Phillipsburg, NJ 08865)--persons, upon call or demand, in the City of Allentown, Lehigh County.

   A-00123030 Laytrac Transportation, LLC, t/a Southern Counties Cab & Radio Dispatching Company (1216 Clover Lane, Chester, Delaware County, PA 19013), a limited liability company of the Commonwealth of Pennsylvania--persons upon call or demand: (1) in the City of Chester, Delaware County; (2) in the Boroughs of Eddystone, Folsom, Lower Chichester, Marcus Hook, Norwood, Parkside, Prospect Park, Trainer and Upland, Delaware County; (3) in the Townships of Bethel, Chadds Ford, Chester, Concord, Haverford, Marple, Tinicum and Upper Chichester, Delaware County. Stand: SEPTA 69th Terminal in the Township of Upper Darby, Delaware County; (4) the Townships of New Garden and Kennett, Chester County.

Applications of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of persons by transfer of rights as described under each application.

   A-00123031 Conway Limousine Service, LLC (520 Madison Avenue, Scranton, Lackawanna County, PA 18510)--persons in limousine service, from points in the counties of Susquehanna, Wyoming and Lackawanna, to points in Pennsylvania and return; which is to be a transfer of all the right authorized under the certificate issued at A-00121261 to Limousine Service by Conway, Inc., subject to the same limitations and conditions. Attorney: W. Boyd Hughes, Esquire, Hughes, Nicholls & O'Hara, 1421 E. Drinker Street, Dunmore, PA 18512.

Application of the following for the approval of the right and privilege to discontinue/abandon operating as common carriers by motor vehicle and for cancellation of the certificate of public convenience as described under the application.

   A-00119806 Mervin E. Conrad (117 Mt. Hope School Road, Willow Street, Lancaster County, PA 17584)--discontinuance of service--persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the Counties of York and Lancaster, to points in Pennsylvania, and return.

   A-00120418 Robert J. Hartley (736 Beatty School Road, Greenville, Mercer County, PA 16125)--discontinuance of service--persons, in paratransit service, between points in the Counties of Crawford and Mercer, and from points in said counties, to points in Pennsylvania, and return, limited to persons whose personal convictions prevent them from owning or operating motor vehicles.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation And Safety v. Michael Wetzel t/a Rocket Trucking, 10340 NW 39th Street, Yukon, OK 73099; Doc. No. A-00121901C

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 Michael Wetzel, t/a Rocket Trucking, respondent, maintains its principal place of business at 439 West Jefferson Road, Butler, Butler County, Pennsylvania 16002.

   2.  That respondent was issued a certificate of public convenience by this Commission on August 1, 2005, at Application Docket No. A-00121901.

   3.  That respondent, by Commission Secretarial letter dated July 11, 2005, 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.  On November 4, 2005, Enforcement Officer William Wested contacted Michael Wetzel, owner/operator and scheduled the safety fitness review for November 28, 2005 at 10:00 a.m. Officer Wested advised respondent what documents and files would be reviewed. Officer Wested arrived at respondent's place of business at 9:30 a.m. on November 28, 2005. Respondent was not there. Officer Wested telephoned respondent with no response. Officer Wested called respondent again on December 2 and December 12, 2005, with negative results. Officer Wested left messages on respondent's answering machine. On February 1, 2006, Officer Wested sent a letter to respondent scheduling the safety fitness review for February 10, 2006 at 10:00 a.m. Officer Wested arrived at respondent's place of business at 9:30 a.m. on February 10, 2006. Respondent was not there. Officer Wested telephoned respondent with negative results. The carrier failed to comply with the safety fitness review.

   5.  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 ade- quate, 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 Michael Wetzel, t/a Rocket Trucking's certificate of public convenience at A-00121901.

   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.

Complaint

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Wetzel, Michael t/a Rocket Trucking 10340 NW 39th Street, Yukon, OK 73099; Doc. No. A-00121901C0602

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 all authority issued to WETZEL, MICHAEL (respondent) is under suspension effective 04/15/2006 for failure to maintain evidence of insurance on file with this Commission.

   2.  That respondent maintains a principal place of business at WETZEL, MICHAEL, T/A ROCKET TRUCKING, 10340 NW 39TH STREET, YUKON, OK 73099.

   3.  That respondent was issued a Certificate of Public Convenience by this Commission on 8/01/2005 at Application Docket No. A-00121901.

   4.  That respondent has failed to maintain evidence of cargo insurance on file with this Commission.

   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 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 Transportation and Safety Prosecutory Staff will request that the Commission issue an Order which (1) cancels the Certificate of Public Convenience held by respondent at Docket No. A-00121901 for failure to maintain evidence of current insurance on file with the Commission, (2) orders such other remedy as the Commission may deem to be appropriate, which may include a fine and the suspension of a vehicle registration and (3) imposes an additional fine on the respondent.

   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 outcome. The Answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your Answer must be verified and the original and three (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 of the date of service, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty. 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 within twenty (20) days of the date of service of this Complaint. The proof of insurance must be filed with the

   Compliance Office, Bureau of Transportation and Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

   Upon receipt of the evidence of insurance from your insurer, the Complaint proceeding shall be closed. ACORD CERTIFICATES OF INSURANCE and FAXED FORM Es and Hs ARE UNACCEPTABLE AS EVIDENCE OF INSURANCE.

   D.  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. 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 above.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.

Pennsylvania Public Utility Commission v. Wayne Anderson Thompson, t/a All Pro Limousine, 3634 Grendada Street, Pittsburgh, PA 15212; Doc. No. A-00119860C0601

Dear Sir:

   On February 8, 2006, the Bureau of Transportation and Safety instituted a complaint against Wayne Anderson Thompson, t/a All Pro Limousine, respondent, alleging that respondent did not charge in accordance to its tariff on file with this Commission, a violation of 66 Pa.C.S. § 1303.

   Respondent was duly notified that, if no answer was filed within twenty (20) days from the date of service of the complaint, that either admitted or failed to deny the allegations of the complaint, the penalty would be imposed.

   The complaint and notice were sent on February 9, 2006, and returned, ''Undeliverable, Vacant'' on February 16, 2006. The complaint and notice were then published in the Pennsylvania Bulletin on March 11, 2006, and to date, more than thirty (30) days later, no response has been received from respondent.

   Therefore, the allegations in the complaint are admitted and the complaint is sustained.

   Respondent, within twenty (20) days from the date of the service of this letter, shall pay a fine of two hundred fifty dollars ($250.00) by certified check or money order payable to the Pennsylvania Public Utility Commission at P. O. Box 3265, Harrisburg, PA 17105-3265, as provided in the Public Utility Code, 66 Pa.C.S. §§ 3301 and 3315, shall cease and desist from further violations of the Public Utility Code, 66 Pa.C.S. §§ 101, et seq., and the Regulations of this Commission, 52 Pa. Code §§ 1.1, et seq.

   Very truly yours,

   James J. McNulty
Secretary

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 06-1658. Filed for public inspection August 18, 2006, 9:00 a.m.]

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