NOTICES
Service of Notice of Motor Carrier Applications
[43 Pa.B. 607]
[Saturday, January 26, 2013]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 (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 February 11, 2013. 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-2012-2329551. Stephanie Lowry (158 Honeybee Lane, Center Hall, PA 16828) for the right to begin to transport, as a common carrier, by motor vehicle, persons in paratransit service, between points in the Counties of Centre, Mifflin, Huntingdon, Clearfield, Clinton and Union, and from said points in said counties, to points in Pennsylvania, and return.
A-2012-2329755. Mercy Ambulance & EMS, Inc., t/a Mercy Ambulance (2840 Pine Road, Suite B-1, Huntington Valley, PA 19006) for the right to begin to transport as a common carrier, by motor vehicle, persons in paratransit service from the City and County of Philadelphia to facilities in Pennsylvania, and return.
Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of household goods as described under the application.
A-2012-2329019. Moving Made Awesome, LLC (2853 Robin Road, York, York County, PA 17404)—from points in the Counties of Adams, Chester, Berks, Dauphin, Franklin, Lancaster, Lebanon, Perry and York, to points in Pennsylvania, and vice versa.
Application of the following for approval to begin operating as a broker for transportation of household goods as described under the application.
A-2012-2330559. First Call Ventures, LLC, t/a First Call Movers (2700 West Cypress Creek Road, Suite A110, Ft. Lauderdale, Broward County, FL 33309)—for a brokerage license evidencing the Commission's approval of the right and privilege to operate as a broker, to arrange for the transportation of household goods in use between points in Pennsylvania.
Application of the following for the approval of the transfer of stock as described under the application.
A-2012-2329967. DM Fuhrer, LLC (809 West Wald-heim Road, Pittsburgh PA 15215) a limited liability company of the Commonwealth of Pennsylvania—ownership transfer—for the approval of the transfer of all (100%) membership interest of the issued and outstanding membership interest from David M. Fuhrer (66.7%) to Gary M. Tissue (33.3%). Attorney: Ronald M. Del Duca, Jr., Malone Middleman, PC, 117 VIP Drive, Suite 310, Wexford, PA 15090.
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-2012-2333043. 24-7 Limo, Inc. (123 Blanch Street, Rices Landing, Greene County, PA 15317)—a corporation of the Commonwealth of Pennsylvania—discontinuance of service—persons, in limousine service, from points in Greene County, and from within a 60-mile radius of said county, to points in Pennsylvania, and return; excluding areas under the jurisdiction of the Philadelphia Parking Authority.
A-2012-2334044. Rescue Hose and Ladder Company (408-410 Filbert Street, Curwensville, Clearfield County, PA 16833)—discontinuance of service—persons, in paratransit service, between points in the Counties of Cameron, Centre, Clearfield, Jefferson and Indiana and from points in said counties, to points in Pennsylvania, and vice versa.
A-2012-2334046. Henry K. Umble, t/d/b/a Umble Taxi Service (314 Highland Road, Atglen, Chester County, PA 19310)—discontinuance of service—persons, in paratransit service, whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Lancaster and those points in Chester County west of Route 10, and from points in said territory, to points in Pennsylvania, and return.
A-2012-2334243. G.G.&C Bus Company, Inc. (2924 Jefferson Avenue, Washington, Washington County, PA 15301)—a corporation of the Commonwealth of Pennsylvania—discontinuance of service—persons, upon call or demand in the City of Washington and the Borough of East Washington, and the Townships of Canton, North Franklin, North Strabane and South Strabane, Washington County
A-2012-2335292. Cameron County Ambulance Service, Inc. (299 East Second Street, Emporium, Cameron County, PA 15834)—a corporation of the Commonwealth of Pennsylvania—discontinuance of service—persons, in paratransit service, between points in Cameron County, and from points in said county, to points in Pennsylvania, and return.
A-2012-2336025. Harold and Anna Marie Groff, Tenants By Entirety (211 Miller Street, Strasburg, Lancaster County, PA 17579)—discontinuance of service—persons, in paratransit service, whose personal convictions prevent them from owning or operating motor vehicles, from points in the county of Lancaster to points in Pennsylvania, and return.
A-2012-2336398. Premier Limo, Inc. (40 Maple Avenue, Williamsport, Lycoming County, PA 17701)—a corporation of the Commonwealth of Pennsylvania—discontinuance of service—persons, in limousine service, from points in the Counties of Lycoming, Union, Snyder, Clinton, Centre, Tioga, Sullivan, Northumberland and Columbia, to points in Pennsylvania, and return, excluding service which is under the jurisdiction of the Philadelphia Parking Authority.
A-2012-2339445. Arden G. McConnell (11214 Atlantic Road, Atlantic, Crawford County, PA 16111) for the discontinuance of service and cancellation of its certificate, as a common carrier, by motor vehicle, authorizing the transportation of persons, in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, from points in the County of Crawford, to points in Pennsylvania, and return.
A-2012-2339482. Elam L. Stoltzfus (31 South Ronks Road, Ronks, Lancaster County, PA 17572)—for the discontinuance of service and cancellation of his Certificate of Public Convenience as a common carrier, by motor vehicle, at A-00120353 authorizing the transportation of persons in paratransit service, between points in the counties of Lancaster and that portion of Chester, west of U.S. Highway Route 10, and from points in said territory, to points in Pennsylvania, and return, limited to persons whose personal convictions prevent them from owning or operating motor vehicles.
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Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Network US, Inc.;
Doc. No. C-2012-2332987
COMPLAINT Now Comes the Pennsylvania Public Utility Commission's (''Commission''), Bureau of Investigation and Enforcement (''I&E''), by its counsel, and files this Complaint against Network US, 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:
Parties and Jurisdiction
1. The Pennsylvania Public Utility Commission, with a mailing address of P. O. Box 3265, Harrisburg, PA 17105-3265, 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).
3. Complainant is represented by:
Stephanie M. Wimer
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.772.8839
stwimer@pa.gov
Wayne T. Scott
First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.783.6150
wascott@pa.gov4. Respondent is Network US, Inc. and maintains its principal place of business at 6825 Hobson Valley Drive, Suite 101, Woodridge, IL 60517-1454, Attention: Brian Sledz, President.
5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in conveying or transmitting messages or communications by telephone in the Commonwealth of Pennsylvania for compensation.
6. The Commission issued Respondent a certificate of public convenience on or about August 9, 2001, at A-311097, for interexchange carrier reseller authority.
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, inter alia, to hear and determine complaints against public utilities for a violation of any law or regulation that the Commission has jurisdiction to administer.
9. 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.
10. Respondent, in conveying or transmitting messages or communications by telephone for the public 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.
11. 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.
Factual Background
2008-2009 Fiscal Year 12. On or about September 22, 2008, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2008 to June 30, 2009 Fiscal Year. Respondent's assessment was $122.
13. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
14. The Commission received no objections from Respondent to the 2008-2009 Fiscal Year Assessment.
15. Respondent failed to pay the total amount set forth in its 2008-2009 Fiscal Year Assessment.
2009-2010 Fiscal Year 16. On or about September 17, 2009, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2009 to June 30, 2010 Fiscal Year. Respondent's assessment was $122.
17. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
18. The Commission received no objections from Respondent to the 2009-2010 Fiscal Year Assessment.
19. Respondent failed to pay the total amount set forth in its 2009-2010 Fiscal Year Assessment.
2010-2011 Fiscal Year 20. On or about September 9, 2010, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2010 to June 30, 2011 Fiscal Year. Respondent's assessment was $143.
21. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
22. The Commission received no objections from Respondent to the 2010-2011 Fiscal Year Assessment.
23. Respondent failed to pay the total amount set forth in its 2010-2011 Fiscal Year Assessment.
2011-2012 Fiscal Year 24. On or about February 15, 2011, the Commission mailed to Respondent an assessment report form for Respondent to report its 2010 calendar year revenues.
25. The assessment report form was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2011.
26. Respondent failed to file an assessment report to show its 2010 calendar year revenues.
27. On or about September 14, 2011, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2011 to June 30, 2012 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2010 calendar year. Respondent's assessment was $19.
28. Accompanying the assessment invoice was a notice that informed Respondent that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.
29. The Commission received no objections from Respondent to the 2011-2012 Fiscal Year Assessment.
30. Respondent failed to pay the total amount set forth in its 2011-2012 Fiscal Year Assessment.
31. The total outstanding assessment balance for Respondent is $369.34 for the above-referenced fiscal years.
Violations
COUNT 1 32. That Respondent, by failing to file an assessment report to demonstrate its gross intrastate operating revenues for the 2010 calendar year violated Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b).
The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is $50.
COUNT 2 33. That Respondent, by failing to pay the Commission's assessments for four (4) fiscal years, violated Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c).
Pursuant to Section 3301(a) and (b) of the Public Utility Code, 66 Pa.C.S. § 3301(a)—(b), the Bureau of Investigation and Enforcement submits that each day the assessment is late may be considered a separate violation and that, pursuant to Section 3301(a) and (b) of the Public Utility Code, 66 Pa.C.S. § 3301(a)—(b), a maximum civil penalty of $1,000 per day for each day that the assessment is late could be levied against Respondent. Such a civil penalty, in this instance, would exceed the assessment amount that Respondent owes. Therefore, the Bureau of Investigation and Enforcement recommends that the Commission impose a civil penalty in the amount of $55 or 15% of the outstanding amount due. The Bureau submits that this amount is both equitable and sufficiently large enough to deter future violations.
Wherefore, for all the foregoing reasons, the Bureau of Investigation and Enforcement of Pennsylvania Public Utility Commission respectfully requests that:
(a) Respondent be ordered to pay a total of $474.34, which consists of its outstanding assessment balance, which totals $369.34 and a civil penalty of $105 for the above-described violations.
(b) If payment of the civil penalty and assessments is not made, the Bureau of Investigation and Enforcement requests that:
(1) the Commission issue an Order to cancel the Certificate of Public Convenience issued to Respondent; and
(2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action.
Respectfully submitted,
Stephanie M. Wimer
Prosecutor
Bureau of Investigation & Enforcement
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265
Date: November 7, 2012
VERIFICATION I, Susan A. Daub, Accountant, Bureau of Administrative Services, 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: November 7, 2012
_________________
Susan A. Daub, Accountant
Assessment Section
Bureau of Administrative Services
PA. Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265
NOTICE A. You must file an Answer within 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. See 52 Pa. Code § 1.56(a). The Answer must raise all factual and legal arguments that you wish to claim in your defense and must include the docket number of this Complaint. Your Answer must be verified and the original and three copies sent to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265Additionally, you must serve a copy on:
Wayne T. Scott
First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265B. 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 penalty set forth in the Complaint.
C. You may elect not to contest this Complaint by paying the civil penalty and your outstanding assessment within 20 days. Your check or money order for the civil penalty and assessment should be payable to the Commonwealth of Pennsylvania and should be mailed to:
Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265D. 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 penalty set forth in this Complaint.
E. 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.
F. If you are a corporation, you must be represented by legal counsel. See 52 Pa. Code §§ 1.21—1.22.
G. Alternative formats of this material are available for persons with disabilities by contacting the
Pennsylvania Public Utility Commission at 717-787-5620.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 13-166. Filed for public inspection January 25, 2013, 9:00 a.m.]
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