NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Service of Notice of Household Goods Carrier Complaints
[49 Pa.B. 7149]
[Saturday, November 30, 2019]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 December 16, 2019, and must be made with the Secretary, Pennsylvania Public Utility Commission, 400 North Street, Harrisburg, PA 17120, with a copy to the First Deputy Chief Prosecutor, Pennsylvania Public Utility Commission.
Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. D&A Movers, LLC; Docket No. C-2019-3012697
COMPLAINT Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission, by its prosecuting attorneys, pursuant to Section 701 of the Public Utility Code, 66 Pa.C.S. § 701, and files this Formal Complaint (''Complaint'') against D&A Movers, LLC (''D&A Movers,'' ''Company'' or ''Respondent'') alleging violations of the Public Utility Code and attending Regulations. In support of its Complaint, I&E respectfully avers as follows:
Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission (''PUC'' or ''Commission''), with a mailing address of 400 North Street, Harrisburg, PA 17120, 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 to prosecute complaints against public utilities pursuant to 66 Pa.C.S. § 308.2(a)(11). Complainant's counsel is as follows:
Christopher M. Andreoli
Prosecutor
chandreoli@pa.gov
717.772.8582Michael L. Swindler
Deputy Chief Prosecutor
mswindler@pa.gov
717.783.63693. Respondent is D&A Movers, with its principal place of business located at 566 Westminster Circle, Akron, OH 44319.
4. Respondent holds itself out to be a household goods carrier as evidenced by the document (''Domestic for Profit LLC—Articles of Org'') filed on February 21, 2018 with the Secretary of State of Ohio. See Exhibit I&E-1.
5. However, D&A Movers lacks PUC authority to provide or furnish transportation of household property for compensation within the Commonwealth as a common carrier by motor vehicle or a contract carrier by motor vehicle, pursuant to Sections 102 and 2501(b)(1) of the Public Utility Code. See 66 Pa.C.S. §§ 102 and 2501(b)(1).
6. 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.
7. Section 701 of the Public Utility Code, 66 Pa.C.S. § 701, authorizes the Commission, inter alia, to hear and determine complaints against public utilities or companies holding themselves out to be a public utility for violations of any law or regulation that the Commission has jurisdiction to administer or enforce.
8. Section 3310 of the Public Utility Code, 66 Pa.C.S. § 3310, authorizes the Commission to impose civil penalties on any person or corporation operating as a common carrier by motor vehicle or as a contract carrier by motor vehicle without a certificate of public convenience, permit, or license authorizing the service performed.
9. More specifically, pursuant to Section 3310(b) of the Public Utility Code, 66 Pa.C.S. § 3310(b), any unauthorized contract common carrier transporting household goods by motor vehicle shall be deemed in violation of this title and shall be ordered to pay an administrative penalty as prescribed in Section 3310(c). Section 3310(c) specifically provides that a civil penalty of Five Thousand Dollars ($5,000) be imposed for a first violation of this section.1
10. Respondent, by providing or furnishing the transportation of household property between points within the Commonwealth by motor vehicle 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 and orders. Consequently, Respondent is subject to Section 3310(b) of the Public Utility Code, 66 Pa.C.S. § 3310(b), and the corresponding penalty promulgated under Section 3310(c) of the Public Utility Code, 66 Pa.C.S. § 3310(c).
Background
11. On December 5, 2018, the Commission received a complaint from a resident of the Commonwealth (''Resident'') against D&A Movers regarding the transportation of her household property between two points within Pennsylvania.
12. Resident entered into an oral agreement with D&A Movers to move her household property from 358 Fruitville Drive, Bethel Park, PA 15102 to 208 Hooks Lane, Canonsburg, PA 15317. The moving estimate totaled Seven Hundred Fifty Dollars ($750.00) according to the Resident.
13. Although there was no written agreement between the Resident and the Company for the above-described service, the Resident provided a copy of the receipt showing payment via Square, Inc. See Exhibit I&E-2.
14. On June 18, 2018, as agreed upon, D&A Movers picked up the Resident's household property at 358 Fruitville Drive, Bethel Park, PA 15102, and partially performed the intrastate move of household goods to 208 Hooks Lane, Canonsburg, PA 15317. Due to time constraints, the D&A Movers had to return to Ohio on June 18, 2018 with some of the Resident's household property. D&A Movers returned on June 19, 2018 to deliver the remaining household property.
15. The Company has not been issued a certificate of public convenience, permit, or license by the Commission authorizing such transportation of household property between points within the Commonwealth.
Violation
16. All allegations in paragraphs 1—14 are incorporated as if fully set forth herein.
17. Section 3310(b) of the Public Utility Code states that any person or corporation that operates as a common carrier or contract carrier by motor vehicle (as defined in 66 Pa.C.S. §§ 102 and 2501(b)) for the transportation of household goods without a certificate of public convenience, permit, or license issued by the Commission authorizing such service performed, in violation of Section 3310(a),2 ''shall be ordered to pay an administrative penalty as prescribed in subsection (c).'' 66 Pa.C.S. § 3310(b) (emphasis added).
18. D&A Movers violated Section 3310(a) and (b) of the Public Utility Code, 66 Pa.C.S. §§ 3310(a)-(b), by operating as a common carrier and/or contract carrier by motor vehicle without a certificate of public convenience, permit, or license issued by the Commission when it transported the Resident's household property between points within the Commonwealth for compensation.
19. Section 3310(c) of the Public Utility Code requires that ''[t]he amount of the administrative penalty under subsection (b) shall be $5,000 for a first violation and $10,000 for a second or subsequent violation.'' 66 Pa.C.S. § 3310(c) (emphasis added).3 As such, I&E's requested penalty is $5,000 for this violation.
20. I&E is not requesting confiscation and impoundment of the vehicle which was used to provide common carrier or contract carrier by motor vehicle without Commission approval as permitted pursuant to 66 Pa.C.S. § 3310(c)(2)(ii), as the vehicle used in the provision of service that is the subject of this Complaint is not registered in Pennsylvania.
Wherefore, for all the foregoing reasons, the Bureau of Investigation and Enforcement of the Pennsylvania Public Utility Commission respectfully requests that the Commission find D&A Movers in violation of the only count as set forth herein, and that D&A Movers be assessed the statutorily mandated civil penalty of Five Thousand Dollars ($5,000). Should D&A Movers fail to pay the statutorily mandated civil penalty of Five Thousand Dollars ($5,000) upon Order of the Commission, the Bureau of Investigation and Enforcement requests that this matter be referred to the Pennsylvania Office of Attorney General for appropriate action.
Respectfully submitted,
Christopher M. Andreoli
Prosecutor
PA Attorney I.D. No. 85676Michael L. Swindler
Deputy Chief Prosecutor
PA Attorney I.D. No. 43319Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120Date: September 6, 2019
VERIFICATION I, David W. Loucks, Chief of Enforcement, Bureau of Investigation and Enforcement, Motor Carrier Enforcement, 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 of Investigation and Enforcement 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: September 6, 2019
David W. Loucks
Chief of Motor Carrier Enforcement
Pennsylvania Public Utility Com-
mission
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120
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
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120Or, 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:
Christopher M. Andreoli, Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120Or, emailed to Mr. Andreoli at: chandreoli@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
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120D. 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 Commissioner's ADA Coordinator at (717) 787-8714.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 19-1797. Filed for public inspection November 27, 2019, 9:00 a.m.] _______
1 Section 3310 of the Public Utility Code, 66 Pa.C.S. § 3310(c), which was amended and made effective on February 20, 2018, authorizes the Commission to impose the following penalties on any person or corporation who operates in violation of 66 Pa.C.S. § 3310(b) as a common carrier or contract carrier by motor vehicle without a certificate of public convenience, permit, or license: (1) A $5,000 civil penalty shall be imposed for a first violation and $10,000 for a second or subsequent violation; (2) Suspension of the registration of any vehicle whereby a determination has been made that it operated as a common carrier or contract carrier by motor vehicle without the approval of the Commission in accordance with 75 Pa.C.S. § 1375; and (3) Confiscation and impoundment of vehicles which have been used to provide common carrier or contract carrier by motor vehicle without Commission approval, subject to the process for the disposition of impounded vehicles as set forth under 75 Pa.C.S. § 6310.
2 66 Pa.C.S. § 3310(a).
3 I&E researched the Respondent's history and record with the Commission and concluded that this is Respondent's first violation in Pennsylvania.
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