NOTICES

PENNSYLVANIA PUBLIC
UTILITY COMMISSION

Service of Notice of Motor Carrier Formal Complaints

[50 Pa.B. 2356]
[Saturday, May 2, 2020]

 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 May 18, 2020, 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.

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:

    Kourtney L. Myers, Prosecutor
    Pennsylvania Public Utility Commission
    Bureau of Investigation and Enforcement
    P.O. Box 3265
    Harrisburg, PA 17105-3265

 Or, emailed to Ms. Myers at: komyers@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 17105-3265

 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. Harrisburg City Cab, Inc., t/d/b/a Harrisburg City Cab and
Liberty Cab; Docket No. C-2019-3011268

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 Harrisburg City Cab, Inc., t/d/b/a Harrisburg City Cab and Liberty 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.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 Harrisburg City Cab, Inc., t/d/b/a Harrisburg City Cab and Liberty Cab and maintains its principal place of business at 1916 North 4th Street, Harrisburg, PA 17102, Attention: Lamont Palmer.

 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 January 12, 2010, at A-00122208, for taxi 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

2016-2017 FISCAL YEAR

 12. On or about September 8, 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 $10,709. A copy of the assessment invoice is attached as Exhibit 1.

 13. Accompanying the assessment invoice was a notice of assessment 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. A copy of the notice of assessment is attached as Exhibit 2.

 14. On September 14, 2016, Respondent provided an electronic signature to the United States Postal Service for the certified mailing, which indicated that it received the assessment invoice and notice of assessment for the 2016-2017 Fiscal Year. A copy of the electronic signature for the certified mailing is attached as Exhibit 3.

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

 16. Subsequent to the mailing of Respondent's 2016-2017 Fiscal Year Assessment Invoice, a credit in the amount of $1,491, related to a prior assessment payment, was applied to Respondent's 2016-2017 Fiscal Year Assessment.

 17. On or about November 11, 2016, Respondent submitted payment in the amount of $28 to be applied to its 2016-2017 Fiscal Year Assessment.

 18. On or about December 14, 2016, Respondent submitted payment in the amount of $1,000 to be applied to its 2016-2017 Fiscal Year Assessment.

 19. On or about February 14, 2017, Respondent submitted payment in the amount of $500 to be applied to its 2016-2017 Fiscal Year Assessment.

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

 21. Respondent's remaining, outstanding assessment balance related to the 2016-2017 Fiscal Year is $7,690.

2017-2018 FISCAL YEAR

 22. On or about February 13, 2017, the Commission mailed to Respondent an assessment report for Respondent to report its gross intrastate operating revenues for the 2016 calendar year.

 23. The assessment report was accompanied by instructions, which notified Respondent that the report was to be completed and returned to the Commission on or before March 31, 2017. A copy of the assessment report and instructions is attached as Exhibit 4.

 24. Respondent failed to file an assessment report stating its 2016 calendar year revenues.

 25. On or about September 5, 2017, the Commission mailed to Respondent, by certified mail, an assessment invoice for the July 1, 2017 to June 30, 2018 Fiscal Year (''2017-2018 Fiscal Year'') that was based, in part, on Respondent's estimated revenues for the 2016 calendar year. Respondent's assessment was $13,566. A copy of the assessment invoice is attached as Exhibit 5.

 26. Accompanying the assessment invoice was a notice of assessment 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. A copy of the notice of assessment is attached as Exhibit 6.

 27. On September 7, 2017, Respondent provided an electronic signature to the United States Postal Service for the certified mailing, which indicated that it received the assessment invoice and notice of assessment for the 2017-2018 Fiscal Year. A copy of the electronic signature for the certified mailing is attached as Exhibit 7.

 28. The Commission received no objections from Respondent to the assessment amount set forth in the 2017-2018 Fiscal Year Assessment Invoice.

 29. Respondent failed to pay the amount of the 2017-2018 Fiscal Year Assessment Invoice of $13,566.

 30. On or about November 9, 2017, the Commission's Bureau of Administration (''ADM'') sent Respondent a letter warning Respondent that if it did not pay its outstanding assessments to the Commission within 30 days of receipt of the letter, then ADM would refer the matter to I&E for prosecution.

 31. Respondent did not pay its outstanding assessments.

 32. On or about January 19, 2018, I&E sent Respondent a letter warning Respondent that if it did not pay its outstanding assessments to the Commission within 30 days of receipt of the letter, then I&E would file a Formal Complaint against Respondent seeking payment of the outstanding assessments and a civil penalty and revocation of Respondent's Certificate and vehicle registration(s) with the Pennsylvania Department of Transportation.

 33. Respondent did not pay its outstanding assessments.

 34. The total outstanding assessment balance for Respondent related to the 2016-2017 and 2017-2018 Fiscal Year is $21,256.

Violations

COUNT 1

 35. That Respondent failed to report its gross intrastate operating revenues for the 2016 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 acceptable history of compliance with the Public Utility Code and Commission's regulations,³ the amount of Respondent's outstanding assessment balance related to the 2017-2018 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

COUNTS 2-3

 36. That Respondent failed to satisfy its 2016-2017 and 2017-2018 Fiscal Year Assessments in that it did not pay the amounts due within thirty (30) days of receipt of the invoices. 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 $3,200.⁵ This civil penalty, consistent with past Commission decisions,⁶ is based on Respondent's acceptable history of compliance with the Public Utility Code and Commission's regulations,⁷ the number of outstanding assessments at issue in the Complaint, 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 $24,956, which consists of its outstanding assessment balance of $21,256 and a total civil penalty of $3,700 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 assessments 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
 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: June 28, 2019

VERIFICATION

 I, Amy Zuvich, Chief of Finance and Assessments, Bureau of Administration, 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: June 28, 2019

    Amy Zuvich, Chief of Finance and Assessments
    Finance and Assessment Section
    Bureau of Administration
    Pennsylvania Public Utility Commission
    P.O. Box 3265
    Harrisburg, PA 17105-3265

 Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

[Pa.B. Doc. No. 20-621. Filed for public inspection May 1, 2020, 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 acceptable compliance history with the Commission. Respondent failed to provide consumer with previously scheduled ride to the airport in 2017 at Docket No. C-2017-2634996.

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.

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