NOTICES
Service of Notice of Motor Carrier Applications
[39 Pa.B. 2653]
[Saturday, May 23, 2009]The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). A protest shall indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant by June 8, 2009. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.
Applications of the following for approval to begin operating as common carriers for transportation of persons as described under each application.
A-2009-2103305. (Corrected) Alvin Powell, t/a A P Taxi (1350 Penn Avenue, Scranton, Lackawanna County, PA 18509)--persons, upon call or demand, in the County of Monroe.
A-2009-2106675. Dada's 3, LLC (7724 Mount Carmel Road, Verona, Allegheny County, PA 15147)--a limited liability company of the Commonwealth, for the begin right to transport, as a common carrier, by motor vehicle, persons, in limousine service, between points in Allegheny County, and from points in Allegheny County to points in the Counties of Butler, Beaver, Washington and Westmoreland, and return. Attorney: Joshua M. Farber, Esquire, Meyer, Unkovic & Scott, LLP, 535 Smithfield Street, Suite 1300, Pittsburgh, PA 15222.
Application of the following for amendment to the certificate of public convenience approving the operation of motor vehicles as common carriers for transportation of household goods by transfer of rights as described under the application.
A-2009-2106643. Gardner Moving Company (757 Millers Run Road, McDonald, Allegheny County, PA 15057)--a corporation of the Commonwealth--household goods in use, from points in Allegheny County, to points in Pennsylvania: So As To Permit--of household goods in use from points in that portion of the County of Allegheny which is south of the Ohio and Monongahela Rivers, to other points in Pennsylvania within 40 miles by the usually traveled highways of the limits of said portion of the County of Allegheny, and vice versa, provided no haul shall exceed a distance of 40 miles from the point of origin to point of destination, which is to be a transfer of all rights authorized under the certificate issued at A-00100420 to Thomas M. Clayton, t/a Foster Transfer and Storage Company. Attorney: John A. Pillar, 680 Washington Road, Suite B101, Pittsburgh, PA 15228.
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Pennsylvania Public Utility Commission; Bureau of Transportation and Safety v. Tri-Star Enterises, Inc., t/a Car One & Supershuttle; Doc. No. C-2009-2074371
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 Transportation and Safety and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:
1. That Tri-Star Enterprises, Inc., t/a Car One & Supershuttle, respondent maintains its principal place of business at 333 Jenkintown Commons, Jenkintown, PA 19046.
2. That respondent was issued Certificates of Public Convenience by this Commission at Application Docket No. A-00113748, F.1 for limousine authority, F.2 for schedule route authority, and F.3 for airport transfer authority.
3. On March 17, 2008, Enforcement Officer William Kilrain contacted J. Lakis, the Manager of Tri-Star Enterprises, Inc., t/a Car One & Supershuttle, to conduct its annual safety inspection. Mr. Lakis advised Officer Kilrain that Tri-Star Enterprises has not been active in the airport transfer carrier business in the last four years and does not know when they will enter it again. Respondent abandoned or discontinued airport transfer service without having submitted an application with this Commission to discontinue service.
4. That respondent, by failing to file an application to discontinue airport transfer service with this Commission, violated 52 Pa. Code § 3.381(a)(1)(v) and 66 Pa.C.S. § 1102(a)(2).
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Tri-Star Enterprises, Inc., t/a Car One & Supershuttle's certificate of public convenience at A-00113748, F.3, for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.
Respectfully submitted,
Wendy J. Keezel, Chief of Enforcement
Motor Carrier Services & Enforcement Division
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265
VERIFICATION I, Wendy J. Keezel, Chief of Enforcement for the Motor Carrier Services and Enforcement Division of the Bureau of Transportation and Safety, 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 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: _____ __________
Wendy J. Keezel
Motor Carrier Services and Enforcement
Bureau of Transportation and Safety
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 out come. 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 and three (3) copies sent to:
James J. McNulty, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265B. If you fail to answer this complaint within twenty (20) days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty.
C. If you file an answer which either admits or fails to deny the allegations of the complaint, the Bureau of Transportation and Safety will request that the Commission issue an Order 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 Compliance Office at (717) 787-1227.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 09-968. Filed for public inspection May 22, 2009, 9:00 a.m.]
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