NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment
[50 Pa.B. 6471]
[Saturday, November 14, 2020]Public Meeting held
September 17, 2020Commissioners Present: Gladys Brown Dutrieuille, Chairperson; David W. Sweet, Vice Chairperson; John F. Coleman, Jr.; Ralph V. Yanora
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment; M-2020-3021634
Tentative Order By the Commission:
The Public Utility Code requires that by March 31 each year, every public utility must file a report detailing its gross intrastate operating revenue for the preceding calendar year. 66 Pa.C.S. § 510(b). This report is essential for the Commission to fund its operations and to properly allocate assessment costs among the regulated utility community. Id.
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. Id.
The Commission undertook a review of its records to determine whether various motor carriers have complied with the assessment payment requirements of the Public Utility Code. The Commission's review revealed that a number of carriers failed to pay their 2019-2020 assessments. 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 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 warned that failure to comply would 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 Commission's Bureau of Administration letter.
Additionally, Commission staff made two attempts to contact each carrier listed in Appendix A at the telephone number the carrier provided to the Commission but were unable to make contact.
Given these carriers' failure to respond to the aforementioned notices, the Commission tentatively concludes 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 continue to operate in Pennsylvania as a motor carrier public utility. As a result, it is appropriate and in the public interest to initiate the process to cancel their CPCs;
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 shall serve a copy of this Tentative Order upon the Commission's Bureau of Investigation and Enforcement, Bureau of Technical Utility Services, Bureau of Administration, the Pennsylvania Department of Revenue's Bureau of Corporation Taxes, the Pennsylvania Department of Transportation, and all motor carriers listed in Appendix A. The Tentative Order shall be filed at each carrier's assigned docket number.
3. The Law Bureau shall publish a copy of this Tentative Order in the Pennsylvania Bulletin.
4. To the extent that any of the motor carriers listed on Appendix A challenges cancellation of their Certificates of Public Convenience, they must file comments within thirty (30) days after publication of this Tentative Order 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 up to and 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 Certificate of Public Convenience of each motor carrier that fails to respond.
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 631838 GREENS TAXI, INC. A-00115729,
A-00115729F0002,
A-00115729F0003,
A-00115729F0004
632302 FAIRVIEW LIMOUSINE SERVICE, INC. A-00106915 639035 CHRISTA LAUREN LIMOUSINE, INC. A-00107013 640020 PALMERI TRANSPORTATION, INC. A-00104352 640700 CARL R. BIEBER, INC. A-00086357 640783 L & S TRANSPORTATION, INCORPORA A-00116251 640797 BERWICK AREA AMBULANCE ASSOC., INC. A-00116333 640839 A KINGS LIMO, INC. A-00116616 641162 HEATHER NOUMEH A-00119213
A-2015-2501242641434 MIRZA CORPORATION ONE, INC. A-00121507 700304 F & T, INC. A-00109374 700431 THE PRESS X-PRESS, INC. A-00109759 702825 TIMOTHY W. MCANDREW A-00114492 705725 MASTERS, STEVEN L. A-00118945 708366 KAPMEYER TRUCKLINES, INC. A-00123370 734230 CURCIO CONST & EXCAVATION, INC. A-00106275 734380 D&A AUTO SALES, INC. A-00095122 6412840 MSG ENTERPRISES, LLC A-2010-2204270
A-2011-22702786413168 AMERIQUEST AMBULANCE, INC. A-2010-2195604 6413974 VISIT VANS, LLC A-2011-02268700 6415660 NETWORK CONNECT TOURS, LLC A-2013-2357435 6416256 WBS TRANSPORT, LLC A-6416256 6416866 M AND J LIMO SERVICE, LLC A-2014-2428974 6420406 IMSAAL LIMO SERVICES, LLC A-2017-2633773 8911377 JTJ SERVICES, INC. A-2009-2130635 8911553 JV TRANSPORTATION, INC. A-2010-2188674 8913662 AE LOGISTICS, INC. A-2011-2248329 8911975 NORTHERN TIER VACUUM SERVICES, INC. A-2010-2168418 8913819 ZIEGLER'S BEVERAGES, LLC A-2011-2258048 8915017 EDGE INDUSTRIAL SERVICES, INC. A-2012-2315918 8915818 RAPID TRANSIT, INC. A-2013-2369268 8916079 LANDON TRANSFER, LLC A-2013-2389184 8917672 COURIER LOGISTIC SOLUTIONS, LLC A-2015-2482145 8917770 PAUL E SCHAEFFER TRUCKING, INC. A-2015-2488192
[Pa.B. Doc. No. 20-1592. Filed for public inspection November 13, 2020, 9:00 a.m.]
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