NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Service of Notice of Motor Carrier Assessment Complaints
[54 Pa.B. 5709]
[Saturday, September 7, 2024]
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 September 23, 2024, 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. Gracie's Transportation Service, LLC; Docket No. C-2024-3046422
FORMAL COMPLAINT
Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorney, and files this Complaint against Gracie's Transportation Service, LLC (''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:
I. Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of Commonwealth Keystone Building, 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 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:
Grant Rosul, Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120
(717) 783-5243
grosul@pa.gov
4. Respondent is Gracie's Transportation Service, LLC and maintains its principal place of business at 956 E. Main Street, Collegeville, Pennsylvania 19426, Attention: Lizabeth Caceres.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in the transporting persons in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a Certificate of Public Convenience on or about January 21, 2015, at A-2014-2438361, for approval to transport, as a common carrier, by motor vehicle, persons in limousine service, between points in the city of Hazleton, Luzerne County, and within an airline radius of ten (10) statute miles of the limits of the city of Hazleton, and from points in the said territory, to points in Pennsylvania, and return; and from points in the borough of White Haven, Luzerne County, and the borough of Nesquehoning, Carbon County, to points in Pennsylvania, and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority. The granted authority was issued at A-6416818.
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 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).
9. Respondent, in transporting persons 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.
10. 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.
II. Factual Background
2021-2022 Fiscal Year
11. On or about February 10, 2021, the Commission mailed to Respondent an assessment report for Respondent to report its gross intrastate operating revenues for the 2020 calendar year.
12. 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, 2021. A copy of the assessment report and instructions is attached as I&E Exhibit 1.
13. On June 16, 2021, the Commission mailed to Respondent, by first-class mail, a failure to submit assessment report letter. The letter informed Respondent that it was obligated file a completed assessment report for the 2020 calendar year within twenty (20) days of the letter and that if it failed to do so the matter would be referred to the Bureau of Investigation and Enforcement for prosecution.
14. Respondent failed to submit its assessment report for the 2020 calendar year to the Commission.
2022-2023 Fiscal Year
A. Failure to File Assessment Report
15. On or about February 9, 2022, the Commission mailed to Respondent an assessment report for Respondent to report its gross intrastate operating revenues for the 2021 calendar year.
16. 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, 2022. A copy of the assessment report and instructions is attached as I&E Exhibit 2.
17. On June 8, 2022, the Commission mailed to Respondent, by first-class mail, a failure to submit assessment report letter. The letter informed Respondent that it was obligated file a completed assessment report for the 2021 calendar year within twenty (20) days of the letter and that if it failed to do so the matter would be referred to the Bureau of Investigation and Enforcement for prosecution.
18. Respondent failed to submit its assessment report for the 2021 calendar year to the Commission.
B. Failure to Pay Assessment Invoice
19. On or about September 8, 2022, the Commission mailed to Respondent, by certified mail, an assessment invoice for the July 1, 2022, to June 30, 2023, Fiscal Year (''2022-2023 Fiscal Year'') that was based, in part, on Respondent's estimated revenues for the 2021 calendar year due to Respondent's failure to file an assessment report for the 2021 calendar year. Respondent's assessment was $21.00. A copy of the assessment invoice is attached as I&E Exhibit 3.
20. 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 I&E Exhibit 4.
21. On October 18, 2022, 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 2022-2023 Fiscal Year. A copy of the electronic signature is attached as I&E Exhibit 5.
22. On or about October 26, 2022, the Commission mailed to Respondent, by first class mail, a delinquent assessment notice that Respondent had a past due assessment balance of $21.00 for the 2022-2023 Fiscal Year.
23. The delinquent assessment notice informed Respondent that the assessment must be paid within twenty (20) days of the date of the letter and the consequences of failing to do so.
24. On or about May 8, 2023, the Commission's Law Bureau made contact with Respondent and informed them of their outstanding assessment balance in the amount of $21.00.
25. I&E avers that Respondent was on notice of their 2022-2023 Fiscal Year assessment invoice, given the September 8, 2022, assessment invoice, the October 26, 2022, delinquent assessment notice and the May 8, 2023, communication from Law Bureau.
26. Nevertheless, on December 6, 2023, the Commission again mailed to Respondent, by first-class mail, the 2022-2023 Fiscal Year invoice. A copy of the assessment invoice is attached as I&E Exhibit 6.
27. Attached to the December 6, 2023, assessment invoice was a notice of invoice informing 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 I&E Exhibit 7.
28. The Commission received neither objections nor payment from Respondent to the assessment amount set forth in the 2022-2023 Fiscal Year Assessment Invoice.
29. By mailing the assessment invoice and notice of assessment to Respondent by certified mail, the Commission complied with the requirements of Section 510(c) of the Public Utility Code, which requires notice by certified mail to each public utility of the amount lawfully charged against it. 66 Pa.C.S. § 510(c).
30. Respondent failed to pay their 2022-2023 assessment invoice of $21.00.
2023-2024 Fiscal Year
A. Failure to File Assessment Report
31. On or about January 31, 2023, the Commission mailed to Respondent an assessment report for Respondent to report its gross intrastate operating revenues for the 2022 calendar year.
32. 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, 2023. A copy of the assessment report and instructions is attached as I&E Exhibit 8.
33. On May 2, 2023, the Commission mailed to Respondent, by first-class mail, a failure to submit assessment report letter. The letter informed Respondent that it was obligated file a completed assessment report for the 2022 calendar year within twenty (20) days of the letter and that if it failed to do so the matter would be referred to the Bureau of Investigation and Enforcement for prosecution.
34. Respondent failed to submit its assessment report for the 2022 calendar year to the Commission.
B. Failure to Pay Assessment Invoice
35. On or about September 8, 2023, the Commission mailed to Respondent, by certified mail, an assessment invoice for the July 1, 2023, to June 30, 2024, Fiscal Year (''2023-2024 Fiscal Year'') that was based, in part, on Respondent's estimated revenues for the 2022 calendar year due to Respondent's failure to file an Assessment Report for the 2022 calendar year. Respondent's assessment was $15.00. A copy of the assessment invoice is attached as I&E Exhibit 9.
36. Attached to the assessment invoice was a notice of assessment informing 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 I&E Exhibit 10.
37. On or about September 11, 2023, an electronic signature was provided to the United States Postal Service for the certified mailing, which indicated that Respondent received the assessment invoice and notice of assessment for the 2023-2024 Fiscal Year. A copy of the electronic signature for the certified mailing is attached as I&E Exhibit 11.
38. The Commission received neither objection nor payment from Respondent to the assessment amount set forth in the 2023-2024 Fiscal Year Assessment Invoice.
39. On or about October 24, 2023, the Commission mailed to Respondent, by first class mail, a delinquent assessment notice that Respondent had a past due assessment balance of $36.00, comprised of the $15.00 for 2023-24 and $21.00 for the prior 2022-2023 fiscal year.
40. The delinquent assessment notice informed Respondent that it was obligated to pay the amount listed on the notification letter within twenty (20) days of the letter and the consequences of failure to do so.
41. By mailing the assessment invoice and notice of assessment to Respondent by certified mail, the Commission complied with the requirements of Section 510(c) of the Public Utility Code, which requires notice by certified mail to each public utility of the amount lawfully charged against it. 66 Pa.C.S. § 510(c).
42. Respondent failed to pay its cumulative 2022-2023 Fiscal Year and 2023-2024 Fiscal Year Assessment Invoice of $36.00.
III. Violations
Counts 1—3
43. That Respondent failed to report its gross intrastate operating revenues for the 2020, 2021, and 2022 calendar years in that it did not file assessment reports for these calendar years. If proven, this is a violation of Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b) (3 counts). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $1,500.00 ($500/each count). This civil penalty, consistent with past Commission decisions, is based on the following factors: (1) the type of violation involved; (2) the amount of Respondent's outstanding assessment balance related to the 2022-2023 and 2023-2024 Fiscal Years; and (3) Respondent's compliance history with the Public Utility Code and Commission's regulations for three (3) years prior to the filing of this Complaint.
Counts 4-5
44. That Respondent failed to satisfy its 2022-2023 and 2023-2024 Fiscal Year Assessments in that it did not pay the amounts due within thirty (30) days of receipt of assessment invoice. If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c) (2 counts). I&E's proposed total civil penalty for this violation is $200. This civil penalty, consistent with past Commission decisions, is based on the following factors: (1) the type of violation involved; (2) the amount of Respondent's outstanding assessment balance related to the 2022-2023 and 2023-2024 Fiscal Years; and (3) Respondent's compliance history with the Public Utility Code and Commission's regulations for three (3) years prior to the filing of this Complaint.
Wherefore, for all the foregoing reasons, the Pennsylvania Public Utility Commission's Bureau of Investigation and Enforcement respectfully requests that:
(1) Respondent be ordered to pay a total of $1,736.00, which consists of its cumulative outstanding assessment balance of $36.00 and a total civil penalty of $1,700.00 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;
(2) Respondent be directed to file assessment reports on a going-forward basis; and
(3) If payment of the assessments and civil penalty is not made, the Bureau of Investigation and Enforcement requests that:
a. the Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent;
b. this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and
c. the Commission certify motor vehicle registrations to the Pennsylvania Department of Transportation, if any, for suspension or revocation.
Respectfully submitted,
Grant Rosul
Prosecutor
PA Attorney ID No. 318204
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120
(717) 783-5243
grosul@pa.gov
Date: February 13, 2024
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: February 13, 2024
Amy Zuvich
Chief of Finance and Assessments
Finance and Assessment Section
Bureau of Administration
Pennsylvania Public Utility
Commission
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120
NOTICE
1. 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 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. The Answer must be submitted by efiling with the Secretary of the Commission by opening an efiling account through the Commission's website and accepting eservice at http://www.puc.state.pa.us/efiling/default.aspx. If your filing contains confidential material, you are required to file by overnight delivery to ensure the timely filing of your submission to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120
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, please electronically serve a copy on:
Grant Rosul, Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
grosul@pa.gov
2. 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.
3. 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 mail to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street
Harrisburg, PA 17120
4. 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.
5. 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.
6. If you are a corporation, you must be represented by legal counsel. See 52 Pa. Code § 1.21.
7. 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. Blue Ribbon Transit, Inc.; Docket No. C-2024-3049276
FORMAL COMPLAINT
Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorney, and files this Complaint against Blue Ribbon Transit, Inc. (''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:
I. Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of Commonwealth Keystone Building, 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 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:
Grant Rosul, Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120
(717) 783-5243
grosul@pa.gov
4. Respondent is Blue Ribbon Transit, Inc., and maintains its principal place of business at 350 East Main St., New Holland, PA 17557. Attention: Alex Gerami.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it was engaged in the transporting persons in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a Certificate of Public Convenience on or about March 1, 2019, at A-2018-3005930, for approval to transport, as a common carrier, by motor vehicle, persons in paratransit service and limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in Lancaster County, to points in Pennsylvania, and return. All granted authorities were issued at A-6421581.
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. 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).
9. Respondent, in transporting persons 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.
10. 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.
II. Factual Background
11. On June 8, 2022, the Commission mailed to Respondent a failure to submit assessment report letter for failing to report its gross intrastate operating revenues for the 2021 calendar year at the address which it provided to the Commission as its main mailing address, 350 East Main Street, New Holland, PA 17557.
12. On June 24, 2022, this letter was returned to the Commission by the United States Postal Service with a forwarding address—566 East Main Street, New Holland, PA 17557 (''Forwarding Address'').
13. On June 27, 2022, the Commission mailed to Respondent a failure to submit assessment report letter at the forwarding address provided by the United States Postal Service. The letter informed Respondent that it was obligated file a completed assessment report for the 2021 calendar year within twenty (20) days of the letter and that if it failed to do so the matter would be referred to I&E for prosecution.
14. Respondent subsequently submitted its completed assessment report for the 2021 calendar year, demonstrating that it received the letter at the address provided by the United States Postal Service as its Forwarding Address.
15. Respondent stated on its completed assessment report for the 2021 calendar year that its address was now the Forwarding Address, 566 East Main Street, New Holland, PA 17557.
16. The Commission has served Respondent at either the address it has reported to the Commission as its main mailing address or at its Forwarding Address, which it provided to the United States Postal Service as an address to which its mail could be directed and at which Respondent stated in its completed assessment report for the 2021 calendar year as its address.
2022-2023 Fiscal Year
17. On or about September 9, 2022, the Commission mailed to Respondent, by first class mail, at its Forwarding Address, an assessment invoice for the July 1, 2022, to June 30, 2023, Fiscal Year (''2022-2023 Fiscal Year'') that was based on Respondent's reported revenues for the 2021 calendar year. Respondent's assessment was $348. A copy of the assessment invoice is attached as I&E Exhibit 1.
18. 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 I&E Exhibit 2.
19. On October 26, 2022, the Commission mailed to Respondent, this time by certified mail, at its Forwarding Address, an assessment invoice for the July 1, 2022, to June 30, 2023, Fiscal Year (''2022-2023 Fiscal Year'') that was based on Respondent's reported revenues for the 2021 calendar year. Respondent's assessment was $348. A copy of the assessment invoice is attached as I&E Exhibit 3.
20. 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.
21. On November 22, 2022, the certified mailing was returned to the Commission by the United States Postal Service, indicating that Respondent refused the delivery of the certified mailing containing the assessment invoice and notice of assessment for the 2022-2023 Fiscal Year. A copy of the tracking history from the United States Postal Service showing the return of the certified mailing to the Commission is attached as I&E Exhibit 4.
22. By mailing the assessment invoice and notice of assessment to Respondent by certified mail, the Commission complied with the requirements of Section 510(c) of the Public Utility Code, which requires notice by certified mail to each public utility of the amount lawfully charged against it. 66 Pa.C.S. § 510(c).
23. The Commission received neither objection nor payment from Respondent to the assessment amount set forth in the 2022-2023 Fiscal Year Assessment Invoice.
24. On or about October 26, 2022, the Commission mailed to Respondent, by first class mail, a delinquent assessment notice that Respondent had a past due assessment balance of $348 for the 2022-2023 Fiscal Year.
25. The delinquent assessment notice informed Respondent that it was obligated to pay the amount listed on the notification letter within twenty (20) days of the letter and the consequences of failure to do so.
26. On or about May 8, 2023, the Commission's Law Bureau made contact with the Respondent and informed them of their outstanding balance in the amount of $348.
27. Respondent failed to pay its 2022-2023 assessment invoice of $348.
2023-2024 Fiscal Year
A. Failure to File Assessment Report
28. On or about January 31, 2023, the Commission mailed to Respondent, at its Forwarding Address, an assessment report for Respondent to report its gross intrastate operating revenues for the 2022 calendar year.
29. 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, 2023. A copy of the assessment report and instructions is attached as I&E Exhibit 5.
30. On May 3, 2023, the Commission mailed to Respondent, by first-class mail, at its Forwarding Address, a failure to submit assessment report letter. The letter informed Respondent that it was obligated file a completed assessment report for the 2022 calendar year within twenty (20) days of the letter and that if it failed to do so the matter would be referred to the Bureau of Investigation and Enforcement for prosecution.
31. Respondent failed to submit its assessment report for the 2022 calendar year to the Commission.
B. Failure to Pay Assessment Invoice
32. On or about September 8, 2023, the Commission mailed to Respondent, by certified mail, at its Forwarding Address, an assessment invoice for the July 1, 2023, to June 30, 2024, Fiscal Year (''2023-2024 Fiscal Year'') that was based, in part, on Respondent's estimated revenues for the 2022 calendar year due to Respondent's failure to file an assessment report stating its 2022 calendar year revenues. Respondent's assessment was $244. A copy of the assessment invoice is attached as I&E Exhibit 6.
33. Attached to the assessment invoice was a notice of assessment informing 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 I&E Exhibit 7.
34. On September 20, 2023, the certified mailing was returned to the Commission by the United States Postal Service, indicating that Respondent refused the delivery of the certified mailing containing the assessment invoice and notice of assessment for the 2023-2024 Fiscal Year. A copy of the electronic signature showing the return of the certified mailing to the Commission is attached as I&E Exhibit 8.
35. By mailing the assessment invoice and notice of assessment to Respondent by certified mail, the Commission complied with the requirements of Section 510(c) of the Public Utility Code, which requires notice by certified mail to each public utility of the amount lawfully charged against it. 66 Pa.C.S. § 510(c).
36. The Commission received neither objection nor payment from Respondent to the assessment amount set forth in the 2023-2024 Fiscal Year Assessment Invoice.
37. On or about October 24, 2023, the Commission mailed to Respondent, by first class mail, a delinquent assessment notice that Respondent had a past due assessment balance of $592, which consists of $244 for the 2023-24 Fiscal Year and $348 for the prior 2022-2023 Fiscal Year.
38. The delinquent assessment notice informed Respondent that it was obligated to pay the amount listed on the notification letter within twenty (20) days of the letter and the consequences of failure to do so.
39. Respondent failed to pay its cumulative 2022-2023 Fiscal Year and 2023-2024 Fiscal Year Assessment Invoice of $592.
2024-2025 Fiscal Year
40. On or about January 31, 2024, the Commission mailed to Respondent an assessment report for Respondent to report its gross intrastate operating revenues for the 2023 calendar year.
41. 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, 2024. A copy of the assessment report and instructions is attached as I&E Exhibit 9.
42. On April 25, 2024, the Commission mailed to Respondent, by first-class mail, at its Forwarding Address, a failure to submit assessment report letter. The letter informed Respondent that it was obligated file a completed assessment report for the 2023 calendar year within twenty (20) days of the letter and that if it failed to do so the matter would be referred to the Bureau of Investigation and Enforcement for prosecution.
43. Respondent failed to submit its assessment report for the 2023 calendar year to the Commission.
III. Violations
Counts 1-2
44. That Respondent failed to report its gross intrastate operating revenues for the 2022 and 2023 calendar years in that it did not file assessment reports for these calendar years. If proven, this is a violation of Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b) (2 counts). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $1,000 ($500/each count). This civil penalty, consistent with past Commission decisions, is based on the following factors: (1) the type of violation involved; (2) the amount of Respondent's outstanding assessment balance related to the 2022-2023 and 2023-2024 Fiscal Years; and (3) Respondent's compliance history with the Public Utility Code and Commission's regulations for three (3) years prior to the filing of this Complaint.
Counts 3-4
45. That Respondent failed to satisfy its 2022-2023 and 2023-2024 Fiscal Year Assessments in that it did not pay the amounts due within thirty (30) days of receipt of assessment invoice. If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c) (2 counts). I&E's proposed civil penalty for the failure to satisfy its 2022-2023 Fiscal Year assessment invoice is $100. I&E's propose civil penalty for the failure to satisfy its 2023-2024 Fiscal Year assessment invoice is $100. The total proposed civil penalty for Counts 3 and 4 is $200. This civil penalty, consistent with past Commission decisions, is based on the following factors: (1) the type of violation involved; (2) the amount of Respondent's outstanding assessment balance related to the 2022-2023 and 2023-2024 Fiscal Years; and (3) Respondent's compliance history with the Public Utility Code and Commission's regulations for three (3) years prior to the filing of this Complaint.
Wherefore, for all the foregoing reasons, the Pennsylvania Public Utility Commission's Bureau of Investigation and Enforcement respectfully requests that:
(1) Respondent be ordered to pay a total of $1,736.00, which consists of its cumulative outstanding assessment balance of $36.00 and a total civil penalty of $1,700.00 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;
(2) Respondent be directed to file assessment reports on a going-forward basis; and
(3) If payment of the assessments and civil penalty is not made, the Bureau of Investigation and Enforcement requests that:
a. the Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent;
b. this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and
c. the Commission certify motor vehicle registrations to the Pennsylvania Department of Transportation, if any, for suspension or revocation.
Respectfully submitted,
Grant Rosul
Prosecutor
PA Attorney ID No. 318204
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120
(717) 783-5243
grosul@pa.gov
Date: May 28, 2024
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: May 28, 2024
Amy Zuvich
Chief of Finance and Assessments
Finance and Assessment Section
Bureau of Administration
Pennsylvania Public Utility
Commission
Commonwealth Keystone Building
400 North Street
Harrisburg, PA 17120
NOTICE
1. 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 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. The Answer must be submitted by efiling with the Secretary of the Commission by opening an efiling account through the Commission's website and accepting eservice at http://www.puc.state.pa.us/efiling/default.aspx. If your filing contains confidential material, you are required to file by overnight delivery to ensure the timely filing of your submission to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street, 2nd Floor
Harrisburg, PA 17120
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, please electronically serve a copy on:
Grant Rosul, Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
grosul@pa.gov
2. 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.
3. 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 mail to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
400 North Street
Harrisburg, PA 17120
4. 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.
5. 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.
6. If you are a corporation, you must be represented by legal counsel. See 52 Pa. Code § 1.21.
7. 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. 24-1285. Filed for public inspection September 6, 2024, 9:00 a.m.]
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