NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Service of Notice of Motor Carrier Formal Complaints
[48 Pa.B. 3188]
[Saturday, May 26, 2018]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 June 11, 2018, 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. IBFA Acquisition Company, LLC; Docket No. C-2017-2634003
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 IBFA Acquisition Company, 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). See also Implementation of Act 129 of 2008; Organization of Bureaus and Offices, Docket No. M-2008-2071852 (Order entered August 11, 2011) at 5 (transferring authority to prosecute assessment cases to I&E).
3. Complainant is represented by:
Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govMichael L. Swindler
Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-32654. Respondent is IBFA Acquisition Company, LLC and maintains its principal place of business at P.O. Box 110188, Carrollton, TX 75011-0188, Attention: Baldwin Yung.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in conveying or transmitting messages or communications by telephone in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a Certificate of Public Convenience on or about July 14, 2005, at A-311364, for interexchange carrier reseller 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 to, inter alia, 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. Section 3301(a)-(b) of the Public Utility Code, 66 Pa.C.S. § 3301(a)-(b), allows for the imposition of a separate civil penalty for each violation and each day's continuance of such violation(s).
10. Respondent, in conveying or transmitting messages or communications by telephone, 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
PRIOR ASSESSMENT-RELATED COMPLAINT 12. On November 7, 2014, I&E filed a Complaint against Respondent at Docket No. C-2014-2451914, alleging that Respondent violated Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c), by failing to satisfy its 2011-2012, 2012-2013, and 2013-2014 Fiscal Year Assessments totaling $213. In addition to payment of the outstanding assessments, I&E sought payment of a civil penalty in the amount of $19.
13. On November 18, 2014, I&E filed a Certificate of Satisfaction pursuant to 52 Pa. Code § 5.24, noting that Respondent satisfied its outstanding assessments and the civil penalty sought in I&E's Complaint.
2016-2017 FISCAL YEAR 14. On or about February 14, 2016, the Commission mailed to Respondent an assessment report for Respondent to report its gross intrastate operating revenues for the 2015 calendar year.
15. The assessment report was accompanied by a letter, which notified Respondent that the report was to be completed and returned to the Commission on or before March 31, 2016.
16. Respondent failed to file an assessment report stating its 2015 calendar year revenues.
17. On or about September 7, 2016, the Commission mailed to Respondent, by first class mail, an assessment invoice for the July 1, 2016 to June 30, 2017 Fiscal Year (''2016-2017 Fiscal Year'') that was based, in part, on Respondent's estimated revenues for the 2015 calendar year. Respondent's assessment was $35.
18. 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 or file objections within fifteen (15) days.
19. While there is no record that the assessment invoice and notice of assessment were returned in the mail to the Commission as being undeliverable, on October 27, 2016, the Commission re-mailed to Respondent, by certified mail, the assessment invoice and notice of assessment since Respondent did not pay the amount listed on the assessment invoice within thirty (30) days or file objections within fifteen (15) days.
20. The assessment invoice and notice of assessment were mailed to Respondent at 353 Sacramento Street, Suite 1500, San Francisco, CA 94111, which is the mailing address that Respondent provided to the Commission for assessment purposes.
21. On or about November 9, 2016, the assessment invoice and notice of assessment were returned to the Commission by the United States Postal Service with a forwarding address for Respondent at 1850 Howard Street, Unit C, Elk Grove Village, IL 60007.
22. On or about November 14, 2016, the Commission re-mailed the assessment invoice and notice of assessment, by certified mail, to Respondent at 1850 Howard Street, Unit C, Elk Grove Village, IL 60007.
23. On or about December 22, 2016, the assessment invoice and notice of assessment were returned to the Commission as undeliverable and with no forwarding address.
24. Respondent is obligated to promptly apprise the Commission of changes to its current address pursuant to Section 1.53(d) of the Commission's regulations, 52 Pa. Code § 1.53(d).
25. The Commission was unable to effectively serve the 2016-2017 Fiscal Year Assessment Invoice and notice of assessment upon Respondent due to Respondent's failure to provide the Commission with its current address or claim the certified mailing.
26. The Commission received no objections from Respondent to the assessment amount set forth in the 2016-2017 Fiscal Year Assessment Invoice.
27. Respondent failed to pay the amount of the 2016-2017 Fiscal Year Assessment Invoice.
28. The total outstanding assessment balance for Respondent is $35.
Violations
COUNT 1 29. That Respondent failed to report its gross intrastate operating revenues for the 2015 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 $500.1 This civil penalty, consistent with past Commission decisions,2 is based on Respondent's unacceptable history of compliance with the Public Utility Code and Commission's regulations,3 the amount of Respondent's outstanding assessment balance related to the 2016-2017 Fiscal Year, and the need to deter future violations of the Public Utility Code and the Commission's regulations pursuant to 52 Pa. Code § 69.1201.4
COUNT 2 30. That Respondent failed to satisfy its 2016-2017 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 a minimum of $100, whichever is greater. Therefore, I&E's proposed civil penalty for this violation is $100.5 This civil penalty, consistent with past Commission decisions,6 is based on Respondent's unacceptable history of compliance with the Public Utility Code and Commission's regulations,7 the amount of Respondent's outstanding assessment balance related to the 2016-2017 Fiscal Year, and the need to deter future violations of the Public Utility Code and the Commission's regulations pursuant to 52 Pa. Code § 69.1201.
Wherefore, for all the foregoing reasons, the Pennsylvania Public Utility Commission's Bureau of Investigation and Enforcement respectfully requests that:
(a) Respondent be ordered to pay a total of $635, which consists of its outstanding assessment balance of $35 and a total civil penalty of $600 for the above described violations. Said payment should be made by certified check or money order, made payable to the ''Commonwealth of Pennsylvania'' with the docket number of this proceeding listed, and mailed to the Secretary's Bureau of the Commission;
(b) Respondent be directed to file assessment reports on a going-forward basis;
(c) Respondent be directed to update its address with the Commission; and
(d) If payment of the assessment and civil penalty 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; and
(2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action.
Respectfully submitted,
Kourtney L. Myers
ProsecutorPennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govDate: November 16, 2017
VERIFICATION I, Yvonne Hess, Chief of Finance and Assessments, Bureau of Administrative Services, Finance and 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: November 16, 2017
Yvonne Hess, Chief of Finance and Assessments
Finance and Assessment Section
Bureau of Administrative Services
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265
NOTICE 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:
Michael L. Swindler, Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Swindler 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 requested relief.
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,'' with the docket number indicated, 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 requested relief 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.
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Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Francis E. Criner, t/a Mt. Pleasant Yellow Cab;
Docket No. C-2017-2634218
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 Francis E. Criner, t/a Mt. Pleasant Yellow Cab (''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). See also Implementation of Act 129 of 2008; Organization of Bureaus and Offices, Docket No. M-2008-2071852 (Order entered August 11, 2011) at 5 (transferring authority to prosecute assessment cases to I&E).
3. Complainant is represented by:
Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govMichael L. Swindler
Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-32654. Respondent is Francis E. Criner, t/a Mt. Pleasant Yellow Cab and maintains its principal place of business at 2 South Church Street, Mt. Pleasant, PA 15666 Attention: Francis E. Criner.
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 March 18, 1985, at A-00105811, for taxi and paratransit 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 to, inter alia, 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. Section 3301(a)-(b) of the Public Utility Code, 66 Pa.C.S. § 3301(a)-(b), allows for the imposition of a separate civil penalty for each violation and each day's continuance of such violation(s).
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 or about February 14, 2016, the Commission mailed to Respondent an assessment report for Respondent to report its gross intrastate operating revenues for the 2015 calendar year.
13. The assessment report was accompanied by a letter, which notified Respondent that the report was to be completed and returned to the Commission on or before March 31, 2016.
14. Respondent failed to file an assessment report stating its 2015 calendar year revenues.
15. On or about September 7, 2016, the Commission mailed to Respondent, by certified mail, an assessment invoice for the July 1, 2016 to June 30, 2017 Fiscal Year (''2016-2017 Fiscal Year'') that was based, in part, on Respondent's estimated revenues for the 2015 calendar year. Respondent's assessment was $7,554.
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 or file objections within fifteen (15) days.
17. The assessment invoice and notice of assessment were mailed to Respondent at 2 South Church Street, Mt. Pleasant, PA 15666.
18. On September 12, 2016, the assessment invoice and notice of assessment were returned to the Commission by the United States Postal Service with a forwarding address for Respondent at 506 Mulberry Street, Scottsdale, PA 15683.
19. On or about September 16, 2016, the Commission re-mailed the assessment invoice and notice of assessment, by certified mail, to Respondent at 506 Mulberry Street, Scottsdale, PA 15683.
20. On September 20, 2016, Respondent signed a certified mail card, which indicated that it received the assessment invoice and notice of assessment for the 2016-2017 Fiscal Year.
21. The Commission received no objections from Respondent to the assessment amount set forth in the 2016-2017 Fiscal Year Assessment Invoice.
22. Respondent failed to pay the amount of the 2016-2017 Fiscal Year Assessment Invoice.
23. The total outstanding assessment balance for Respondent is $7,554.
Violations
COUNT 1 24. That Respondent failed to report its gross intrastate operating revenues for the 2015 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 $500.8 This civil penalty, consistent with past Commission decisions,9 is based on Respondent's acceptable history of compliance with the Public Utility Code and Commission's regulations,10 the amount of Respondent's outstanding assessment balance related to the 2016-2017 Fiscal Year, and the need to deter future violations of the Public Utility Code and the Commission's regulations pursuant to 52 Pa. Code § 69.1201.11
COUNT 2 25. That Respondent failed to satisfy its 2016-2017 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 $1,133.12 This civil penalty, consistent with past Commission decisions,13 is based on Respondent's acceptable history of compliance with the Public Utility Code and Commission's regulations,14 the amount of Respondent's outstanding assessment balance related to the 2016-2017 Fiscal Year, and the need to deter future violations of the Public Utility Code and the Commission's regulations pursuant to 52 Pa. Code § 69.1201.
Wherefore, for all the foregoing reasons, the Pennsylvania Public Utility Commission's Bureau of Investigation and Enforcement respectfully requests that:
(a) Respondent be ordered to pay a total of $9,187, which consists of its outstanding assessment balance of $7,554 and a total civil penalty of $1,633 for the above described violations. Said payment should be made by certified check or money order, made payable to the ''Commonwealth of Pennsylvania'' with the docket number of this proceeding listed, and mailed to the Secretary's Bureau of the Commission;
(b) Respondent be directed to file assessment reports on a going-forward basis; and
(c) If payment of the assessment and civil penalty 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,
Kourtney L. Myers
ProsecutorPennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govDate: November 17, 2017
VERIFICATION I, Yvonne Hess, Chief of Finance and Assessments, Bureau of Administrative Services, Finance and 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: November 17, 2017
Yvonne Hess, Chief of Finance and Assessments
Finance and Assessment Section
Bureau of Administrative Services
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265
NOTICE 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:
Michael L. Swindler, Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Swindler 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 requested relief.
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,'' with the docket number indicated, and mail 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 requested relief 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. Royal Transportation Group, LLC;
Docket No. C-2017-2638130
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 Royal Transportation Group, 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). See also Implementation of Act 129 of 2008; Organization of Bureaus and Offices, Docket No. M-2008-2071852 (Order entered August 11, 2011) at 5 (transferring authority to prosecute assessment cases to I&E).
3. Complainant is represented by:
Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govTimothy K. McHugh
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.772.8582
timchugh@pa.govMichael L. Swindler
Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-32654. Respondent is Royal Transportation Group, LLC and maintains its principal place of business at 1420 Highland Village, Pittsburgh, PA 15243, Attention: Martin W. Hungerman.
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 September 24, 2009, at A-2009-2105475, for limousine authority, on or about February 5, 2010, at A-2009-2133593, for limousine authority, and on or about April 12, 2010, at A-2009-2134734 for group and party 15 or less 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 to, inter alia, 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. Section 3301(a)-(b) of the Public Utility Code, 66 Pa.C.S. § 3301(a)-(b), allows for the imposition of a separate civil penalty for each violation and each day's continuance of such violation(s).
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 or about September 7, 2016, the Commission mailed to Respondent, by certified mail, an assessment invoice for the July 1, 2016 to June 30, 2017 Fiscal Year (''2016-2017 Fiscal Year'') that was based, in part, on revenues for the 2015 calendar year that Respondent reported to the Commission in its 2015 Assessment Report. Respondent's assessment was $2,387.
13. 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 or file objections within fifteen (15) days.
14. On or about September 13, 2016, the assessment invoice and notice of assessment were returned to the Commission by the United States Postal Service with a forwarding address for Respondent at P.O. Box 13185, Pittsburgh, PA 15243.
15. On or about September 15, 2016, the Commission re-mailed the assessment invoice and notice of assessment, by certified mail, to Respondent at P.O. Box 13185, Pittsburgh, PA 15243.
16. On September 21, 2016, Respondent signed a certified mail card, which indicated that it received the assessment invoice and notice of assessment for the 2016-2017 Fiscal Year.
17. The Commission received no objections from Respondent to the assessment amount set forth in the 2016-2017 Fiscal Year Assessment Invoice.
18. On or about March 1, 2017, Respondent submitted payment in the amount of $200 to be applied towards its 2016-2017 Fiscal Year Assessment.
19. Respondent failed to fully pay the amount of the 2016-2017 Fiscal Year Assessment Invoice.
20. The total outstanding assessment balance for Respondent related to the 2016-2017 Fiscal Year is $2,187.
Violation
21. That Respondent failed to satisfy its 2016-2017 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 $328.15 This civil penalty, consistent with past Commission decisions,16 is based on Respondent's acceptable history of compliance with the Public Utility Code and Commission's regulations,17 the amount of Respondent's outstanding assessment balance related to the 2016-2017 Fiscal Year, and the need to deter future violations of the Public Utility Code and the Commission's regulations pursuant to 52 Pa. Code § 69.1201.18
Wherefore, for all the foregoing reasons, the Pennsylvania Public Utility Commission's Bureau of Investigation and Enforcement respectfully requests that:
(a) Respondent be ordered to pay a total of $2,515, which consists of its outstanding assessment balance of $2,187 and a total civil penalty of $328 for the above described violation. Said payment should be made by certified check or money order, made payable to the ''Commonwealth of Pennsylvania'' with the docket number of this proceeding listed, and mailed to the Secretary's Bureau of the Commission; and
(b) If payment of the assessment and civil penalty 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,
Kourtney L. Myers
ProsecutorPennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govDate: December 13, 2017
VERIFICATION I, Yvonne Hess, Chief of Finance and Assessments, Bureau of Administrative Services, Finance and 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: December 13, 2017
Yvonne Hess, Chief of Finance and Assessments
Finance and Assessment Section
Bureau of Administrative Services
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265
NOTICE 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:
Michael L. Swindler, Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Swindler 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 requested relief.
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,'' with the docket number indicated, and mail 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 requested relief 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. Brian Albert Clark, t/a Crystal Express;
Docket No. C-2017-2638335
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 Brian Albert Clark, t/a Crystal Express (''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). See also Implementation of Act 129 of 2008; Organization of Bureaus and Offices, Docket No. M-2008-2071852 (Order entered August 11, 2011) at 5 (transferring authority to prosecute assessment cases to I&E).
3. Complainant is represented by:
Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govTimothy K. McHugh
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.772.8582
timchugh@pa.govMichael L. Swindler
Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-32654. Respondent is Brian Albert Clark, t/a Crystal Express and maintains its principal place of business at 317 Munson Avenue, # 3, McKees Rocks, PA 15136, Attention: Brian Albert Clark.
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 December 11, 2012, at A-2012-2298948, 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 to, inter alia, 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. Section 3301(a)-(b) of the Public Utility Code, 66 Pa.C.S. § 3301(a)-(b), allows for the imposition of a separate civil penalty for each violation and each day's continuance of such violation(s).
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 or about September 7, 2016, the Commission mailed to Respondent, by first class mail, an assessment invoice for the July 1, 2016 to June 30, 2017 Fiscal Year (''2016-2017 Fiscal Year'') that was based, in part, on revenues for the 2015 calendar year that Respondent reported to the Commission in its 2015 Assessment Report. Respondent's assessment was $575.
13. 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 or file objections within fifteen (15) days.
14. The assessment invoice and notice of assessment were mailed to Respondent at 317 Munson Avenue, # 3, McKees Rocks, PA 15136, which is the mailing address that Respondent provided to the Commission for assessment purposes.
15. While there is no record that the assessment invoice and notice of assessment were returned in the mail to the Commission as being undeliverable, on November 8, 2016, the Commission re-mailed to Respondent, by certified mail, the assessment invoice and notice of assessment since Respondent did not pay the amount listed on the assessment invoice within thirty (30) days or file objections within fifteen (15) days.
16. On or about December 27, 2016, the assessment invoice and notice of assessment that the Commission mailed to Respondent, via certified mail, were returned to the Commission and marked ''unclaimed'' with no forwarding address.
17. Respondent is obligated to promptly apprise the Commission of changes to its current address pursuant to Section 1.53(d) of the Commission's regulations, 52 Pa. Code § 1.53(d).
18. The Commission was unable to effectively serve the 2016-2017 Fiscal Year Assessment Invoice and notice of assessment upon Respondent due to Respondent's failure to provide the Commission with its current address or claim the certified mailing.
19. The Commission received no objections from Respondent to the assessment amount set forth in the 2016-2017 Fiscal Year Assessment Invoice.
20. Respondent failed to pay the amount of the 2016-2017 Fiscal Year Assessment Invoice.
21. The total outstanding assessment balance for Respondent related to the 2016-2017 Fiscal Year is $575.
Violation
22. That Respondent failed to satisfy its 2016-2017 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 $86.19 This civil penalty, consistent with past Commission decisions,20 is based on Respondent's acceptable history of compliance with the Public Utility Code and Commission's regulations,21 the amount of Respondent's outstanding assessment balance related to the 2016-2017 Fiscal Year, and the need to deter future violations of the Public Utility Code and the Commission's regulations pursuant to 52 Pa. Code § 69.1201.22
Wherefore, for all the foregoing reasons, the Pennsylvania Public Utility Commission's Bureau of Investigation and Enforcement respectfully requests that:
(a) Respondent be ordered to pay a total of $661, which consists of its outstanding assessment balance of $575 and a total civil penalty of $86 for the above described violation. Said payment should be made by certified check or money order, made payable to the ''Commonwealth of Pennsylvania'' with the docket number of this proceeding listed, and mailed to the Secretary's Bureau of the Commission;
(b) Respondent be directed to update its address with the Commission; and
(c) If payment of the assessment and civil penalty 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,
Kourtney L. Myers
ProsecutorPennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govDate: December 14, 2017
VERIFICATION I, Yvonne Hess, Chief of Finance and Assessments, Bureau of Administrative Services, Finance and 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: December 14, 2017
Yvonne Hess, Chief of Finance and Assessments
Finance and Assessment Section
Bureau of Administrative Services
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265
NOTICE 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:
Michael L. Swindler, Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Swindler 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 requested relief.
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,'' with the docket number indicated, and mail 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 requested relief 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. Rescue Tech, Inc.; Docket No. C-2018-2641671
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 Rescue Tech, 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). See also Implementation of Act 129 of 2008; Organization of Bureaus and Offices, Docket No. M-2008-2071852 (Order entered August 11, 2011) at 5 (transferring authority to prosecute assessment cases to I&E).
3. Complainant is represented by:
Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govTimothy K. McHugh
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.772.8582
timchugh@pa.govMichael L. Swindler
Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-32654. Respondent is Rescue Tech, Inc. and maintains its principal place of business at 465 A Veit Road, Huntingdon Valley, PA 19006, Attention: Margarita Goldenberg.
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, 2010, at A-2009-2123259, for paratransit 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 to, inter alia, 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. Section 3301(a)-(b) of the Public Utility Code, 66 Pa.C.S. § 3301(a)-(b), allows for the imposition of a separate civil penalty for each violation and each day's continuance of such violation(s).
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 or about September 7, 2016, the Commission mailed to Respondent, by certified mail, an assessment invoice for the July 1, 2016 to June 30, 2017 Fiscal Year (''2016-2017 Fiscal Year'') that was based, in part, on revenues for the 2015 calendar year that Respondent reported to the Commission in its 2015 Assessment Report. Respondent's assessment was $8,139.
13. 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 or file objections within fifteen (15) days.
14. On September 16, 2016, Respondent signed a certified mail card, which indicated that it received the assessment invoice and notice of assessment for the 2016-2017 Fiscal Year.
15. On November 22, 2016, Respondent filed an objection to its 2016-2017 Fiscal Year Assessment claiming that it reported incorrect gross intrastate operating revenues on its 2015 Assessment Report and requested that its 2016-2017 Fiscal Year Assessment be adjusted accordingly.
16. By Secretarial Letter dated December 7, 2016, the Commission notified Respondent that it was unable to consider Respondent's objection because it was untimely filed in accordance with Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c).
17. On or about February 14, 2017, Respondent submitted payment in the amount of $500 to be applied towards its 2016-2017 Fiscal Year Assessment.
18. Respondent failed to fully pay the amount of the 2016-2017 Fiscal Year Assessment Invoice.
19. The total outstanding assessment balance for Respondent related to the 2016-2017 Fiscal Year is $7,639.
Violation
20. That Respondent failed to satisfy its 2016-2017 Fiscal Year Assessment in that it did not pay the full 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 $ 1,146.23 This civil penalty, consistent with past Commission decisions,24 is based on Respondent's acceptable history of compliance with the Public Utility Code and Commission's regulations,25 the amount of Respondent's outstanding assessment balance related to the 2016-2017 Fiscal Year, and the need to deter future violations of the Public Utility Code and the Commission's regulations pursuant to 52 Pa. Code § 69.1201.26
Wherefore, for all the foregoing reasons, the Pennsylvania Public Utility Commission's Bureau of Investigation and Enforcement respectfully requests that:
(a) Respondent be ordered to pay a total of $8,785, which consists of its outstanding assessment balance of $7,639 and a total civil penalty of $1,146 for the above described violation. Said payment should be made by certified check or money order, made payable to the ''Commonwealth of Pennsylvania'' with the docket number of this proceeding listed, and mailed to the Secretary's Bureau of the Commission; and
(b) If payment of the assessment and civil penalty 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,
Kourtney L. Myers
ProsecutorPennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govDate: January 8, 2018
VERIFICATION I, Yvonne Hess, Chief of Finance and Assessments, Bureau of Administrative Services, Finance and 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: January 8, 2018
Yvonne Hess, Chief of Finance and Assessments
Finance and Assessment Section
Bureau of Administrative Services
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265
NOTICE 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:
Michael L. Swindler, Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265Or, emailed to Mr. Swindler 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 requested relief.
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,'' with the docket number indicated, and mail 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 requested relief 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. David M. Saul; Docket No. C-2018-2641735
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 David M. Saul (''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). See also Implementation of Act 129 of 2008; Organization of Bureaus and Offices, Docket No. M-2008-2071852 (Order entered August 11, 2011) at 5 (transferring authority to prosecute assessment cases to I&E).
3. Complainant is represented by:
Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.govTimothy K. McHugh
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.772.8582
timchugh@pa.govMichael L. Swindler
Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-32654. Respondent is David M. Saul and maintains his principal place of business at 469 Isle Road, Butler, PA 16001, Attention: David M. Saul.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as he 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 October 24, 2006, at A-00123123, 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 to, inter alia, 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. Section 3301(a)-(b) of the Public Utility Code, 66 Pa.C.S. § 3301(a)-(b), allows for the imposition of a separate civil penalty for each violation and each day's continuance of such violation(s).
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
PRIOR ASSESSMENT-RELATED COMPLAINT 12. On May 3, 2016, I&E filed a Complaint against Respondent at Docket No. C-2016-2543173, alleging that Respondent violated Section 510(b)-(c) of the Public Utility Code, 66 Pa.C.S. § 510(b)-(c), by failing to file an assessment report for the 2014 calendar year and satisfy his assessment for the July 1, 2015 to June 30, 2016 Fiscal Year (''2015-2016 Fiscal Year'') in the amount of $534. In addition to payment of the outstanding assessment, I&E sought payment of a civil penalty in the amount of $1,080.
13. On August 12, 2016, I&E filed a Motion for Default Judgment (''Motion'') due to Respondent's failure to file an Answer to I&E's Complaint at Docket No. C-2016-2543173. In its Motion, I&E requested that Respondent be ordered to pay his outstanding assessment and the requested civil penalty.
14. The Commission entered an Opinion and Order on September 21, 2017, granting I&E's Motion and modifying the civil penalty requested in I&E's Motion from $1,080 to $580.
15. On October 10, 2017, Respondent, paid his outstanding assessment for the 2015-2016 Fiscal Year and the modified civil penalty as directed in the Commission's Order.
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1 I&E anticipates that this level of penalty will provide a sufficient deterrent against future violations by Respondent.
2 See Pa. Pub. Util. Comm'n v. Juan Genet Enter., LLC t/a Safe Destinations, Docket No. C-2014-2450660 (Order entered August 3, 2017); Pa. Pub. Util. Comm'n v. Leo Movers & Storage, Inc., Docket No. C-2015-2494528 (Order entered August 3, 2017); Pa Pub. Util. Comm'n v. Hoffman Landscaping & Trucking, LLP, Docket No. C-2015-2495061 (Order entered September 21, 2017); Pa. Pub. Util. Comm'n v. Deer Haven, LLP, Docket No. C-2015-2498095 (Order entered October 26, 2017); Pa. Pub. Util. Comm'n v. Reach for the Stars Limousine Serv. Inc., Docket No. C-2015-2499276 (Order entered October 26, 2017).
3 A review of the Commission's records for a period of three (3) years prior to the date of the filing of this Complaint demonstrates that Respondent has an unacceptable compliance history with the Commission as Respondent has failed to timely pay its 2011-2012, 2012-2013, and 2013-2014 Fiscal Year Assessments to the Commission. See supra ¶¶ 12-13.
4 The Commission promulgated a Policy Statement at 52 Pa. Code § 69.1201 as a guideline that sets forth ten factors that are to be considered when evaluating whether and to what extent a civil penalty for violating a Commission order, regulation, or statute is warranted. Among these factors are the compliance history of the regulated entity that committed the violation, the amount of the civil penalty necessary to deter future violations, and past Commission decisions in similar situations. 52 Pa. Code §§ 69.1201(c)(6), (8), (9).
5 I&E anticipates that this level of penalty will provide a sufficient deterrent against future violations by Respondent.
6 See supra note 2.
7 See supra note 3.
8 I&E anticipates that this level of penalty will provide a sufficient deterrent against future violations by Respondent.
9 See Pa. Pub. Util. Comm'n v. Juan Genet Enter., LLC t/a Safe Destinations, Docket No. C-2014-2450660 (Order entered August 3, 2017); Pa. Pub. Util. Comm'n v. Leo Movers & Storage, Inc., Docket No. C-2015-2494528 (Order entered August 3, 2017); Pa Pub. Util. Comm'n v. Hoffman Landscaping & Trucking, LLP, Docket No. C-2015-2495061 (Order entered September 21, 2017); Pa. Pub. Util. Comm'n v. Deer Haven, LLP, Docket No. C-2015-2498095 (Order entered October 26, 2017); Pa. Pub. Util. Comm'n v. Reach for the Stars Limousine Serv. Inc., Docket No. C-2015-2499276 (Order entered October 26, 2017).
10 A review of the Commission's records for a period of three (3) years prior to the date of the filing of this Complaint demonstrates that Respondent has an acceptable compliance history with the Commission.
11 The Commission promulgated a Policy Statement at 52 Pa. Code § 69.1201 as a guideline that sets forth ten factors that are to be considered when evaluating whether and to what extent a civil penalty for violating a Commission order, regulation, or statute is warranted. Among these factors are the compliance history of the regulated entity that committed the violation, the amount of the civil penalty necessary to deter future violations, and past Commission decisions in similar situations. 52 Pa. Code §§ 69.1201(c)(6), (8), (9).
12 I&E anticipates that this level of penalty will provide a sufficient deterrent against future violations by Respondent.
13 See supra note 2.
14 See supra note 3.
15 I&E anticipates that this level of penalty will provide a sufficient deterrent against future violations by Respondent.
16 See Pa. Pub. Util. Comm'n v. Juan Genet Enter., LLC t/a Safe Destinations, Docket No. C-2014-2450660 (Order entered August 3, 2017); Pa. Pub. Util. Comm'n v. Leo Movers & Storage, Inc., Docket No. C-2015-2494528 (Order entered August 3, 2017); Pa Pub. Util. Comm'n v. Hoffman Landscaping & Trucking, LLP, Docket No. C-2015-2495061 (Order entered September 21, 2017); Pa. Pub. Util. Comm'n v. Deer Haven, LLP, Docket No. C-2015-2498095 (Order entered October 26, 2017); Pa. Pub. Util. Comm'n v. Reach for the Stars Limousine Serv. Inc., Docket No. C-2015-2499276 (Order entered October 26, 2017).
17 A review of the Commission's records for a period of three (3) years prior to the date of the filing of this Complaint demonstrates that Respondent has an acceptable compliance history with the Commission.
18 The Commission promulgated a Policy Statement at 52 Pa. Code § 69.1201 as a guideline that sets forth ten factors that are to be considered when evaluating whether and to what extent a civil penalty for violating a Commission order, regulation, or statute is warranted. Among these factors are the compliance history of the regulated entity that committed the violation, the amount of the civil penalty necessary to deter future violations, and past Commission decisions in similar situations. 52 Pa. Code §§ 69.1201(c)(6), (8), (9).
19 I&E anticipates that this level of penalty will provide a sufficient deterrent against future violations by Respondent.
20 See Pa. Pub. Util. Comm'n v. Juan Genet Enter., LLC t/a Safe Destinations, Docket No. C-2014-2450660 (Order entered August 3, 2017); Pa. Pub. Util. Comm'n v. Leo Movers & Storage, Inc., Docket No. C-2015-2494528 (Order entered August 3, 2017); Pa Pub. Util. Comm'n v. Hoffman Landscaping & Trucking, LLP, Docket No. C-2015-2495061 (Order entered September 21, 2017); Pa. Pub. Util. Comm'n v. Deer Haven, LLP, Docket No. C-2015-2498095 (Order entered October 26, 2017); Pa. Pub. Util. Comm'n v. Reach for the Stars Limousine Serv. Inc., Docket No. C-2015-2499276 (Order entered October 26, 2017).
21 A review of the Commission's records for a period of three (3) years prior to the date of the filing of this Complaint demonstrates that Respondent has an acceptable compliance history with the Commission.
22 The Commission promulgated a Policy Statement at 52 Pa. Code § 69.1201 as a guideline that sets forth ten factors that are to be considered when evaluating whether and to what extent a civil penalty for violating a Commission order, regulation, or statute is warranted. Among these factors are the compliance history of the regulated entity that committed the violation, the amount of the civil penalty necessary to deter future violations, and past Commission decisions in similar situations. 52 Pa. Code §§ 69.1201(c)(6), (8), (9).
23 I&E anticipates that this level of penalty will provide a sufficient deterrent against future violations by Respondent.
24 See Pa. Pub. Util. Comm'n v. Juan Genet Enter., LLC t/a Safe Destinations, Docket No. C-2014-2450660 (Order entered August 3, 2017); Pa. Pub. Util. Comm'n v. Leo Movers & Storage, Inc., Docket No. C-2015-2494528 (Order entered August 3, 2017); Pa Pub. Util. Comm'n v. Hoffman Landscaping & Trucking, LLP, Docket No. C-2015-2495061 (Order entered September 21, 2017); Pa. Pub. Util. Comm'n v. Deer Haven, LLP, Docket No. C-2015-2498095 (Order entered October 26, 2017); Pa. Pub. Util. Comm'n v. Reach for the Stars Limousine Serv. Inc., Docket No. C-2015-2499276 (Order entered October 26, 2017).
25 A review of the Commission's records for a period of three (3) years prior to the date of the filing of this Complaint demonstrates that Respondent has an acceptable compliance history with the Commission.
26 The Commission promulgated a Policy Statement at 52 Pa. Code § 69.1201 as a guideline that sets forth ten factors that are to be considered when evaluating whether and to what extent a civil penalty for violating a Commission order, regulation, or statute is warranted. Among these factors are the compliance history of the regulated entity that committed the violation, the amount of the civil penalty necessary to deter future violations, and past Commission decisions in similar situations. 52 Pa. Code §§ 69.1201(c)(6), (8), (9).
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