NOTICES

PENNSYLVANIA PUBLIC
UTILITY COMMISSION

Service of Notice of Motor Carrier Formal Complaints

[48 Pa.B. 5695]
[Saturday, September 8, 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 September 24, 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. Deer Haven, LLP; Docket No. C-2018-3000456

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 Deer Haven, LLP (''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.gov

    Timothy 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.gov

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

 4. Respondent is Deer Haven, LLP and maintains its principal place of business at 865 Route 507, Greentown, PA 18426, Attention: Sam Shahar.

 5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in sewage collection, treatment, or disposal for the public in the Commonwealth of Pennsylvania for compensation.

 6. The Commission issued Respondent a Certificate of Public Convenience on or about March 25, 2010, at A-230106, for wastewater 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 collecting, treating, or disposing sewage for the public 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 August 14, 2015, I&E filed a Complaint against Respondent at Docket No. C-2015-2498095, alleging that Respondent violated Sections 510(b)-(c) of the Public Utility Code, 66 Pa.C.S. §§ 510(b)-(c), by failing to file an assessment report for the 2013 calendar year (''2013 Assessment Report'') and satisfy its assessment for the July 1, 2014 to June 30, 2015 Fiscal Year (''2014-2015 Fiscal Year Assessment'') in the amount of $134.

 13. Regarding relief, I&E requested that Respondent pay its 2014-2015 Fiscal Year Assessment and a total civil penalty of $1,550. I&E also requested that if payment of the assessment and civil penalty was not made, that the Commission cancel Respondent's Certificate of Public Convenience and refer the matter to the Pennsylvania Office of Attorney General (''OAG'') for appropriate action.

 14. On February 19, 2016, I&E filed a Motion for Default Judgment.

 15. On October 26, 2017, the Commission entered an Opinion and Order (''October 26 Order'') granting I&E's Motion for Default Judgment, as modified by the October 26 Order and sustaining I&E's Complaint, consistent with the October 26 Order.

 16. The Commission granted I&E's request that Respondent pay its outstanding assessment and a civil penalty for Respondent's failure to file its 2013 Assessment Report and pay its 2014-2015 Fiscal Year Assessment. However, the Commission reduced the civil penalty for the assessment report violation from $1,500 to $500 and increased the civil penalty for the unpaid assessment violation from $50 to $100.

 17. The Commission denied I&E's requested relief related to the revocation of Respondent's Certificate of Public Convenience because there was no record developed in the proceeding to indicate whether any other entity could provide adequate service to Respondent's existing customers.

 18. To date, Respondent has not paid its outstanding assessment related to the 2014-2015 Fiscal Year or the civil penalty as directed by the Commission in its October 26 Order.

 19. Respondent has also failed to pay its 2012-2013 and 2013-2014 Fiscal Year Assessments and the respective civil penalties as directed by the Commission in its Opinion and Order entered on June 11, 2015 at Docket No. C-2014-2450011.

2016-2017 FISCAL YEAR

 20. 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.

 21. 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.

 22. Respondent failed to file an assessment report stating its 2015 calendar year revenues.

 23. 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 $146.

 24. 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.

 25. 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.

 26. The assessment invoice and notice of assessment were mailed to Respondent at 41 Elm Street, Suite C, Morristown, NJ, 07960, which is the mailing address that Respondent provided to the Commission for assessment purposes.

 27. On or about November 30, 2016, the assessment invoice and notice of assessment were returned to the Commission with a forwarding address for Respondent at 865 Route 507, Greentown, PA 18426.

 28. On or about November 30, 2016, the Commission re-mailed the assessment invoice and notice of assessment, by certified mail, to Respondent at 865 Route 507, Greentown, PA 18426.

 29. On or about December 27, 2016, the assessment invoice and notice of assessment were returned to the Commission and marked ''unclaimed.''

 30. 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).

 31. 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.

 32. The Commission received no objections from Respondent to the assessment amount set forth in the 2016-2017 Fiscal Year Assessment Invoice.

 33. Respondent failed to pay the amount of the 2016-2017 Fiscal Year Assessment Invoice.

 34. The total outstanding assessment balance for Respondent related to the 2016-2017 Fiscal Year is $146.

Violations

COUNT 1

 35. 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

 36. 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 $746, which consists of its outstanding assessment balance of $146 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 update its address with the Commission;

 (c) Respondent be directed to file assessment reports on a going-forward basis; 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
Prosecutor

 Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P.O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.gov

Date: March 14, 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: March 14, 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 17105-3265

 Or, 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 17105-3265

 Or, 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 17105-3265

 D. 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. NECC Telecom, Inc.; Docket No. C-2017-2633997

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 NECC Telecom, 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.gov

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

 4. Respondent is NECC Telecom, Inc. and maintains its principal place of business at 4969 US Highway 42, Suite 2700, Louisville, KY 40222, Attention: Daniel Popa.

 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 October 24, 2002, at A-311209, 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

 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''). Respondent's assessment was $12.

 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. 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.

 15. On October 31, 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.

 16. The Commission received no objections from Respondent to the assessment amount set forth in the 2016-2017 Fiscal Year Assessment Invoice.

 17. Respondent failed to pay the amount of the 2016-2017 Fiscal Year Assessment Invoice.

 18. The total outstanding assessment balance for Respondent is $12.

Violation

 19. 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 a minimum of $50, whichever is greater. Therefore I&E's proposed civil penalty for this violation is $50.⁸ 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

 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 $62, which consists of its outstanding assessment balance of $12 and a total civil penalty of $50 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; and

 (2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action.

 Respectfully submitted,
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.gov

Date: 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 17105-3265

 Or, 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 17105-3265

 Or, 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 17105-3265

 D. 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.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 18-1438. Filed for public inspection September 7, 2018, 9:00 a.m.]

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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 failed to file its 2013 Assessment Report and pay its 2014-2015 Fiscal Year Assessment to the Commission. See supra ¶¶ 12—18. Respondent also failed to pay its 2012-2013 and 2013-2014 Fiscal Year Assessments and civil penalties pursuant to a Commission order. See supra ¶ 19.

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), and (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).

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