NOTICES

Service of Notice of Motor Carrier Formal Complaints

[45 Pa.B. 6459]
[Saturday, October 31, 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 November 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.

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Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Chester County Moving & Storage, LLC; Docket No. C-2015-2490166

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 Prosecutory Staff hereby represents as follows:

 1. That Chester County Moving & Storage, LLC, Respondent, maintains its principal place of business at 64 Pottstown Pike, Suite 3, Chester Springs, PA 19425.

 2. That Respondent was issued a certificate of public convenience authorizing transportation of household goods by this Commission on March 10, 2011 at Application Docket Number A-2010-2201670.

 3. That an informal complaint was received at the Commission on June 29, 2015 for a move contracted by the Respondent in West Chester, Chester County, PA that occurred on June 23, 2015.

 4. That on June 30, 2015, PUC Philadelphia District Office Supervisor Anthony Bianco spoke with Jessica Green, the estimator in charge of the above-mentioned move. She confirmed the timeline and activity of the informal complaint described above. As a result of Supervisor Bianco's investigation, the following violations were found:

 (a) Bill of lading did not contain the required information.

 (b) Shipper was not given the opportunity to verify the articles being delivered and the condition of the articles by being denied a walk-through at the new address.

 (c) Failure to respond to reports of damage to property.

 5. That Respondent, by failing to include the required information on the bill of lading, violated 52 Pa. Code § 31.132(a). The penalty is $100.00.

 6. That Respondent, by failing to provide the shipper with the opportunity to observe and articles being delivered and the condition of the articles, violated 52 Pa. Code § 31.133(e). The penalty is $100.00

 7. That Respondent, by failing to acknowledge and act promptly upon written or oral communication with respect to insurance claims, violated 52 Pa. Code § 32.16(2). The penalty is $250.00

 Wherefore, the Bureau of Investigation and Enforcement Prosecutory Staff hereby requests that the Commission fine Chester County Moving & Storage, LLC the sum of four hundred fifty dollars ($450.00) for the illegal activity described in this Complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,
David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, David W. Loucks, 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: 8/4/2015

David W. Loucks, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforce-
 ment

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 shall be mailed to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 Or may be sent by overnight delivery to:

    400 North Street, 2nd Floor
Harrisburg, PA 17120

 Additionally, please serve a copy on:

    Michael L. Swindler, Deputy Chief Prosecutor
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 Or, e-mail to Mr. Swindler at: RA-PCCmplntResp@pa.gov

 B. If you fail to answer this complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.

 C. You may elect not to contest this complaint by paying the fine proposed in this Complaint by certified check or money order. Payment 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 17105-3265

 Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of 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 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. 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. 15-1949. Filed for public inspection October 30, 2015, 9:00 a.m.]

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