NOTICES
Service of Notice of Motor Carrier Applications
[39 Pa.B. 6852]
[Saturday, November 28, 2009]The following offices of the Pennsylvania Public Utility Commission's (Commission) Bureaus of Transportation and Safety have recently relocated to the following addresses.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety, Motor Carrier Services and Enforcement Division, David J. Johnston, Western Regional Manager, Pittsburgh District Office and Altoona District Offices, 245 William Pitt Way, Pittsburgh, PA 15238, (412) 423-9309.
Pennsylvania Public Utility Commission, Bureau of Transportation and Safety, Motor Carrier Services and Enforcement Division, William P. Kilrain, Philadelphia Regional Manager, Philadelphia Regional Office, 801 Market Street, Philadelphia, PA 19107, (215) 965-3721.
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 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 December 14, 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-2009-2141249. Rogers M. Ongera, t/a Macungie Medical Transport (3674 Clauss Drive, Macungie, Lehigh County, PA 18062), for the right to begin to transport persons, in paratransit service, to and from medical appointments, hospitals, nursing homes and rehabilitation centers, from points in the Counties of Berks, Bucks, Lehigh and Northampton, to points in Pennsylvania, and return.
A-2009-2141314. Mary Jane T. Kline (447 Glenville Road, Cochranville, Chester County, PA 19330) persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in Lancaster County and the portion of Chester County west of Route 10, to points in Pennsylvania, and return.
Application of the following for approval to begin operating as a broker for transportation of household goods as described under the application.
A-2009-2141733. Atlas Van Lines, Inc. (P. O. Box 509, Evansville, IN 47703-0509), a corporation of the Commonwealth of Delaware—brokerage license—to arrange for the transportation of household goods in use, between points in Pennsylvania. Attorney: Todd A. Suter, Corporate Counsel & Assistant Secretary, Atlas Van Lines, Inc., 1212 St. George Road, Evansville, IN 47711.
Applications of the following for the approval of the right and privilege to discontinue/abandon operating as common carriers by motor vehicle and for cancellation of the certificate of public convenience as described under each application.
A-2009-2128886. Compass R. Care, Ltd. (507 Pottsville Street, Minersville, Schuylkill County, PA 17954) for the discontinuance of service and cancellation of its certificate as a common carrier, persons in paratransit service, from points in the Counties of Northumberland and Schuylkill, to points in Pennsylvania, and return.
A-2009-2140936. Centregistics Unlimited, Inc., t/a Tim Fischer's Limousine Service, Inc. (1015 West College Avenue, State College, Centre County, PA 16801) for the discontinuance of service and cancellation of their certificate as a common carrier, by motor vehicle, for the right to transport, as a common carrier, persons in limousine service, between points in the Borough of State College, Centre County and within an airline distance of 45 statute miles of the limits thereof, and from points in said area, to points in Pennsylvania and return.
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Pennsylvania Public Utility Commission, Bureau of
Transportation and Safety v. Walter K. Gikami;
Doc. No. C-2008-2071103
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 Walter K. Gikami, respondent maintains his principal place of business at 125 Houston Avenue, Harrisburg, PA 17103.
2. That respondent was issued a Certificate of Public Convenience by this Commission on October 14, 2008, at A-8910276.
3. That respondent, by certified letter dated July 30, 2008, was informed to submit to a Safety Fitness Review by a Commission Enforcement Officer within 180 days of the date the Certificate of Public Convenience was issued. On July 30, 2009, a certified letter was sent advising respondent that several attempts to contact the company was unsuccessful and advising respondent to contact the Harrisburg District Office within 10 days of the date of the letter to schedule its Safety Fitness Review. The letter was returned on August 5, 2009. The return receipt indicated that Walter K. Gikami moved.
4. That numerous attempts were made by Enforcement Officer Supervisor Kurt Kauffman of the Harrisburg District Office to establish a date and time for respondent's safety fitness review. As of this date, respondent has not contacted the Commission to schedule a safety fitness review.
5. That, to date, respondent has failed to submit its company to a Safety Fitness Review. A satisfactory rating must be achieved by respondent in order to maintain a certificate of public convenience to operate as a common carrier of property between points in the Commonwealth of Pennsylvania.
6. That respondent, by failing to obey and comply with a Commission certified letter directing him to submit his company to a Safety Fitness Review, violated 66 Pa.C.S. § 501(c).
Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission revoke Walter K. Gikami's Certificate of Public Convenience at A-8910276, 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, Chief of Enforcement
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 an order imposing a penalty, which will include the revocation of your Certificate of Public Convenience.
C. If you file an Answer which 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, which will include the revocation of your Certificate of Public Convenience.
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. If you have questions regarding this Complaint or if you would like an alternative format of this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 09-2221. Filed for public inspection November 25, 2009, 9:00 a.m.]
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