NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment
[49 Pa.B. 2689]
[Saturday, May 25, 2019]Public Meeting held
May 9, 2019Commissioners Present: Gladys Brown Dutrieuille, Chairperson; David W. Sweet, Vice Chairperson; Norman J. Kennard; Andrew G. Place; John F. Coleman, Jr.
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment; M-2019-3009450
Tentative Order By the Commission:
For each fiscal year, the Commission determines the total assessment for regulatory expenses, which is allocated to, and paid by, public utilities pursuant to the methodology set forth in the Public Utility Code. 66 Pa.C.S. §§ 510(a), (b). The Commission provides notice of the amount lawfully assessed against a utility and requires the utility to pay that amount within thirty (30) days of receipt of the notice. 66 Pa.C.S. § 510(c). The Public Utility Code authorizes the Commission to revoke a utility's Certificate of Public Convenience (CPC) for failure to pay the assessment within the time prescribed. 66 Pa.C.S. § 510(c).
The Commission undertook a review of its records to determine whether various motor carriers are in compliance with the assessment payment requirements of the Public Utility Code. The Commission's review revealed that a number of carriers failed to pay their 2017-2018 assessment. Specifically, each carrier listed in Appendix A, attached hereto, has an outstanding assessment balance.
The Fiscal Office of the Commission's Bureau of Administration sent a dunning letter to each carrier listed in Appendix A, notifying them of their outstanding assessment balance and requesting that they pay the past due balance within twenty (20) days of receipt of the letter. The letter warns that failure to comply will result in the Commission taking appropriate action to cancel the carrier's CPC. None of the carriers in Appendix A submitted payment in response to the dunning letter.
Additionally, Commission staff attempted twice to contact each carrier listed in Appendix A at the telephone number the carrier provided to the Commission, but were not able to make contact.
Under the circumstances, we tentatively conclude that the motor carriers listed in Appendix A are not in compliance with the assessment payment requirements of 66 Pa.C.S. § 510(c) and may no longer be in business as a motor carrier public utility. As such, it is appropriate to initiate the process to cancel their CPCs as being in the public interest; Therefore,
It Is Ordered That:
1. Cancellation of the Certificates of Public Convenience of each motor carrier listed in Appendix A is hereby tentatively approved as being in the public interest.
2. The Secretary serve a copy of this Tentative Order upon the Commission's Bureau of Investigation and Enforcement, Bureau of Technical Utility Services, and Bureau of Administration, the Department of Revenue—Bureau of Corporation Taxes, the Department of Transportation, and all motor carriers listed in Appendix A. The Tentative Order shall be filed at each carrier's docket number.
3. The Law Bureau shall publish a copy of this Tentative Order in the Pennsylvania Bulletin.
4. To the extent they challenge cancellation of the Certificates of Public Convenience, all parties listed in Ordering Paragraph No. 2 must file comments within thirty (30) days after publication in the Pennsylvania Bulletin. Comments shall be sent to the Pennsylvania Public Utility Commission, Attn: Secretary Rosemary Chiavetta, Commonwealth Keystone Building, 400 North Street, 2nd Floor, Harrisburg, PA 17120.
5. Alternatively, carriers listed in Appendix A may pay their outstanding assessment balance within thirty (30) days after publication in the Pennsylvania Bulletin. Payment shall be sent to the Pennsylvania Public Utility Commission, Attn: Fiscal Office, P.O. Box 3265, Harrisburg, PA 17105. Checks shall be made payable to ''Commonwealth of Pennsylvania.''
6. Absent the timely filing of comments challenging the cancellation of the Certificate of Public Convenience or the timely payment of a carrier's outstanding assessment balance, the Law Bureau shall prepare a Secretarial Letter for issuance by the Secretary's Bureau canceling the carrier's Certificate of Public Convenience.
7. Upon issuance of the Secretarial Letter described in Ordering Paragraph No. 6 above, the Certificate of Public Convenience of each non-compliant carrier shall be cancelled and each non-compliant carrier listed in Appendix A will be stricken from all active utility lists maintained by the Commission's Bureau of Technical Utility Services and the Fiscal Office of the Bureau of Administration.
ROSEMARY CHIAVETTA,
Secretary
Appendix A
Carriers with Outstanding Assessment Balances
Utility Code Carrier Name Docket No. 631025 WGM TRANSPORTATION, INC. A-00111651 639035 CHRISTA LAUREN LIMOUSINE, INC. A-00107013 640716 ADAMO LIMOUSINE, LTD. A-2014-2458592 641315 ACCURATE TRANSPORTATION, LLC A-00120433,
A-2014-24392556415889 DIAMOND LUXURY TRANSPORTATION, INC. A-2013-2375195 6416619 KABS 4 KIDS, LLC A-2014-2426080 707162 SWISHER, M., & SONS, INC. A-00121581 8911326 BOWERS TRUCKING, INC. A-2009-2126871 8912933 QUE TRUCKING, LLC A-2010-2208173 8914118 GULF TRADING & TRANSPORT, LLC A-2011-2276819 8915362 BARKLEY DEVELOPMENT COMPANY A-2012-2339643 8915794 TILLER WELL SERVICES, LLC A-2013-2367026 8917930 SUMMIT MOVING & STORAGE, INC. A-2015-2496784 899757 SVJ, INC. A-2008-2023078
[Pa.B. Doc. No. 19-802. Filed for public inspection May 24, 2019, 9:00 a.m.]
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