NOTICES

PENNSYLVANIA PUBLIC
UTILITY COMMISSION

Service of Notice of Motor Carrier Formal Complaints

[53 Pa.B. 453]
[Saturday, January 14, 2023]

 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 January 23, 2023, 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. Prism Logistics Co.; Doc. No. C-2022-3032545

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 Prism Logistics Co., Respondent, maintains a principal place of business at 3437 D Street, Room 208, Philadelphia, PA 19134-1108.

 2. On, May 18, 2022, by Commission Secretarial letter, Respondent was issued a certificate of public convenience by this Commission authorizing transportation of property for compensation at PUC utility code no. 8925001. Respondent was further advised ''Certificate holder is advised to become familiar with the requirements of 52 Pa. Code. Failure to comply with all applicable requirements may subject the carrier to penalties, including fines suspension of operating rights or cancellation of authority. Title 52 of the Pennsylvania Code may be accessed on the World Wide Web at www.pacode.com.''

 3. Between September 02, 2022, through September 16, 2022, PUC Enforcement Officer Freda Culver attempted several times to contact Respondent by phone but was unable to leave a voicemail due to the voice mailbox being full. A first class and certified letter was sent to Respondent on October 2, 2022, requesting Respondent contact Officer Culver to schedule the safety fitness review within ten days. A third letter was sent to the Respondent on October 31, 2022. The Respondent has failed to contact Officer Culver or the District Office.

 4. That Respondent, by failing to achieve a satisfactory evaluation on a safety fitness review, violated 66 Pa. Code § 501(c) and, for failure to maintain adequate, efficient, and safe service and facilities, violated 66 Pa. Code § 1501. The penalty for this violation is cancellation of the certificate held by Respondent with this Commission at utility code 8925001.

 Wherefore, the Bureau of Investigation and Enforcement hereby requests that the Commission revoke the certificate of public convenience issued Prism Logistics Co. at PUC utility code no. 8925001.

 Respectfully submitted,
Andrew Turriziani, Chief
Motor Carrier Enforcement
Bureau of Investigation and Enforcement
400 North Street
Harrisburg, PA 17120

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 November 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 17120

 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.

 Additionally, a copy should either be mailed to:

Bureau of Investigation and Enforcement
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120

 Or, 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. 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.

 D. 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.

 E. 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. 23-67. Filed for public inspection January 13, 2023, 9:00 a.m.]

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