NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Service of Notice of Motor Carrier Formal Complaints
[52 Pa.B. 6670]
[Saturday, October 22, 2022]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 November 7, 2022, 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.
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Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Jill Jacob, t/a Jill's Jitney Service; Doc. No. C-2022-3030236
COMPLAINT The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:
1. That Jill Jacob, t/a Jill's Jitney Service, Respondent, maintains its principal place of business at 501 Arizona Drive, Lower Burrell, PA 15068.
2. The Respondent has never applied for or received a certificate of public conveyance for passenger or paratransit transportation services by this Commission.
3. On March 8, 2021, you had a conversation with Enforcement Officer Gerald Stover at which time he informed you that you were in violation of PUC regulations by transporting passengers between points in Pennsylvania for compensation and warned you not to continue until you obtained a certificate from this Commission.
4. On August 6, 2021, Enforcement Office Ryan Balestra completed a Driver Vehicle Compliance Report and again warned you to cease transporting passengers until you obtained authority/certificate from this Commission authorizing you to legally operate.
5. On September 1, 2021, a letter was sent to you with all this information advising you to cease and desist and ''continued operations, as described above, will subject you to a $1,000 penalty per violation. Future violations can result in possible criminal prosecution with penalties up to $10,000 and one year in prison. All advertisements and websites, including Facebook, Craigslist and Yelp, promoting the transportation of passengers and/or property must be discontinued and removed.''
6. On January 1, 2022, a complaint was lodged regarding you continued advertisement of transportation for compensation on Facebook after repeated warnings.
7. That Respondent, by advertising and providing passenger transportation services by vehicle for compensation without obtaining/holding a certificate from the Commission, has violated 66 Pa. Code §§ 1101 and 1102(a). The penalty for this violation is $1,000.00.
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine Jill's Jitney Service the sum of one thousand dollars ($1,000.00) for the illegal activity described in this Complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Andrew Turriziani, Chief
Motor Carrier Enforcement Division
Bureau of Investigation and Enforcement
VERIFICATION I, Andrew Turriziani, 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 that the Bureau will be able to prove 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: 18 August 2022
Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation andEnforcement
NOTICE A. You must file an Answer within twenty (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 Cover Letter for this Complaint and Notice, 52 Pa. Code § 1.56(a). An Answer is a written explanation of circumstances wished to be considered in determining the outcome. The Answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your Answer must be verified, and the original shall be mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
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:
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 3rd Floor
Harrisburg, PA 17120Or, e-mailed to: RA-PCCmplntResp@pa.gov
B. If you fail to answer this complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.
C. You may elect not to contest this complaint by paying the fine proposed in this Complaint by certified check or money order. Payment must be made to the Commonwealth of Pennsylvania and should be forwarded to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120D. Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed.
E. If you file an Answer, which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty.
F. 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 optional fine set forth above.
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. Cory Guisewhite, t/a Guisewhite Trucking; Doc. No. C-2022-3034520
COMPLAINT The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Investigation and Enforcement and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Investigation and Enforcement hereby represents as follows:
1. That Cory Guisewhite, t/a Guisewhite Trucking, Respondent, maintains its principal place of business at 5589 Penns Valley Road, Aaronsburg, PA 16820.
2. On May 17, 2022, PA PUC Enforcement Ernest Snyder conducted an investigation of Respondent at Respondent's place of business and concluded that Respondent was transporting passenger for compensation within Pennsylvania without authority to do so.
3. On May 25, 2022, a warning letter was sent to the mailing address of Guisewhite Trucking to inform Mr. Guisewhite that he must apply for PUC authority if they continue to transport passengers for compensation within Pennsylvania.
4. On August 16, 2022, an inspection was completed by state trooper Chad E. Ronk on a 2008 Chevrolet van with PA registration LFG8425, driven by Kenneth E. Whelan.
5. The August 16, 2022, inspection concluded that Guisewhite Trucking was continuing to transport passenger for compensation within Pennsylvania.
6. On August 18, 2022, Officer Ronk informed PA PUC Enforcement Supervisor Ernest Snyder of the inspection. A search of the PA PUC information system has failed to uncover an application for authority or a certificate held by Respondent to transport passengers for compensation in the Commonwealth.
7. That Respondent, by providing passenger transportation services by vehicle for compensation without obtaining/holding a certificate/authority from the Commission, has violated 66 Pa. Code §§ 1101 and 1102(a). The penalty for this violation is $1,000.00.
Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission fine Cory Guisewhite, t/a Guisewhite Trucking the sum of one thousand dollars ($1,000.00) for the illegal activity described in this Complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
VERIFICATION I, Andrew Turriziani, 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 that the Bureau will be able to prove 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: 19 August 2022
Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
NOTICE A. You must file an Answer within twenty (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 Cover Letter for this Complaint and Notice, 52 Pa. Code § 1.56(a). An Answer is a written explanation of circumstances wished to be considered in determining the outcome. The Answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your Answer must be verified, and the original shall be mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
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:
Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 3rd Floor
Harrisburg, PA 17120Or, e-mailed to: RA-PCCmplntResp@pa.gov
B. If you fail to answer this complaint within twenty (20) days, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty. The penalty could include a fine, the suspension or revocation of your certificate of public convenience or other remedy.
C. You may elect not to contest this complaint by paying the fine proposed in this Complaint by certified check or money order. Payment must be made to the Commonwealth of Pennsylvania and should be forwarded to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120D. Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed.
E. If you file an Answer, which admits or fails to deny the allegations of the Complaint, the Bureau of Investigation and Enforcement will request that the Commission issue a Secretarial Letter imposing a penalty.
F. 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 optional fine set forth above.
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. 22-1636. Filed for public inspection October 21, 2022, 9:00 a.m.]
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