NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[40 Pa.B. 5272]
[Saturday, September 11, 2010]

 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 27, 2010. 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-2010-2195541. Discount Cab Service, LLC (6000 Chambers Hill Road, Apt. 2, Harrisburg, Dauphin County, PA 17111)—a limited liability corporation of the Commonwealth—in call or demand service, in Berks County. Attorney: Matthew Totino, 800 North 3rd Street, Suite 101, Harrisburg, PA 17102-2025.

 A-2010-2196309. M&M Limousine Service, Inc. (451 Stoystown Road, Somerset, Somerset County, PA 15501)—persons, in group and party service, in vehicles seating 11 to 15 passengers, from points in the Counties of Cambria, Somerset and Westmoreland, to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority. Attorney: Steven K. Haas, Hawke, McKeon & Sniscak, LLP, 100 North Tenth Street, Harrisburg, PA 17101.

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-2010-2195556. Pranzare, LLC (2132 Ferncraft Lane, Chester Springs, Chester County, PA 19425), a limited liability company of the Commonwealth—for the right to transport, as a common carrier, by motor vehicle, persons in paratransit service, between points in the Township of Uwchlan, Chester County, and within an airline distance of 30 statute miles of the limits thereof; which is to be a transfer of all of the operating rights under the certificate issued at A-00118512, F.1, Am-A, to Restaurant Valet, LLC, subject to the same limitations and conditions. Attorney: David P. Temple, Esquire, 1760 Market Street, Suite 1100, Philadelphia, PA 19103.

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-2010-2195224. McHenry's Transportation, LLC (220 Reinaker Road, Danville, Montour County, PA 17821) discontinuance of service—persons, in paratransit service, from points in the Counties of Montour and Columbia, to points in Pennsylvania, and return, subject to the following condition: (1) Each vehicle on each trip shall contain not less than six passengers and not more than 14 passengers, excluding the driver and shall be to a single destination located outside the Counties of Montour and Columbia.

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Pennsylvania Public Utility Commission, Bureau of
Transportation and Safety v. Atibas Taxicab Co.;
Doc. No. C-2010-2128639, A-00103391

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 Atibas Taxicab Co., Respondent, maintains a principal place of business at 5029 Cedar Avenue, Philadelphia, PA 19143.

 2. That Respondent was issued a Certificate of Public Convenience by this Commission on April 11, 1988, A-00103391.

 3. That Respondent was advised by letter dated May 10, 2005, that its medallion authority was being transferred to the Philadelphia Parking Authority. At that time, Respondent was advised that its taxicab service which had an origin and destination outside of the City of Philadelphia remained subject to the regulatory oversight of the PA PUC.

 4. That Respondent was advised by letter dated August 31, 2009, that it failed to file a valid tariff with this Commission as required by 52 Pa. Code § 23.11. Respondent was provided 60 days to file an acceptable tariff. To date, Respondent has not filed an acceptable tariff. The Bureau of Transportation and Safety's Motor Carrier Services and Enforcement Prosecutory Staff's proposed civil penalty for this violation is $250.00.

 Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Atibas Taxicab Co., the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in the complaint and order such other remedy as the Commission may deem to be appropriate.

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, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, 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: _____

_________________ Wendy J. Keezel, Chief of Enforcement Motor Carrier Services and Enforcement  Division Bureau of Transportation and Safety

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 a Secretarial Letter imposing a penalty. Each day you continue to violate any regulation, direction, requirement 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 filing an acceptable tariff and by paying the fine proposed in this Complaint by certified check or money order. The tariff must be filed with the:

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

 The fine payment must be made to the Commonwealth of Pennsylvania and should be forwarded to:

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

 Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of an acceptable tariff and payment of the proposed fine, 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 Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty.

 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. If you have questions regarding this Complaint or if you would like an alternative format to this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 10-1715. Filed for public inspection September 10, 2010, 9:00 a.m.]

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