[45 Pa.B. 480]
[Saturday, January 24, 2015]

[Continued from previous Web Page]

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Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Scott A. Dechert t/a Distinctive Limousine Service; Docket No. C-2014-2450665

COMPLAINT

 Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Scott A. Dechert t/a Distinctive Limousine Service (''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:

    Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.gov

    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
wascott@pa.gov

 4. Respondent is Scott A. Dechert t/a Distinctive Limousine Service and maintains its principal place of business at 1224 Oak Street, Lebanon, PA 17042, Attention: Scott A. Dechert.

 5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting passengers in the Commonwealth of Pennsylvania for compensation.

 6. The Commission issued Respondent a certificate of public convenience on or about February 7, 2000, at A-00116103, for limousine and group and party 16 or greater 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 transporting passengers 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.

 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

 12. On November 19, 2012, I&E filed a Complaint against Respondent at Docket No. C-2012-2334904, alleging that Respondent violated Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c), by failing to satisfy its 2010-2011 and 2011-2012 fiscal year assessments.

 13. On or about January 10, 2013, Respondent paid the full amount of its outstanding assessment balance, which satisfied its 2010-2011 and 2011-2012 fiscal year assessments.

 14. After hearing, the Administrative Law Judge and Commission determined that Respondent violated Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c), by failing to timely pay its 2010-2011 and 2011-2012 fiscal year assessments. The Commission's order entered on October 17, 2013 directed Respondent to pay the civil penalty as sought in I&E's Complaint. Respondent subsequently paid the civil penalty.

2012-2013 Fiscal Year

 15. On or about August 27, 2012, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2012 to June 30, 2013 Fiscal Year. Respondent's assessment was $191.

 16. 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.

 17. The assessment invoice was mailed via certified mail to Respondent at 1224 Oak Street, Lebanon, PA 17042.

 18. This is the mailing address that Respondent provided to the Commission for assessment purposes.

 19. The assessment invoice was returned to the Commission by the United States Postal Service as being undeliverable.

 20. On or about January 9, 2013, the Commission sent Respondent, through first class mail, an assessment invoice for the July 1, 2012 to June 30, 2013 Fiscal Year at 1224 Oak Street, Lebanon, PA 17042. The assessment invoice was not returned as undeliverable.

 21. Respondent failed to pay the amount of its 2012-2013 assessment invoice.

2013-2014 Fiscal Year

 22. On or about September 12, 2013, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year. Respondent's assessment was $351.

 23. 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.

 24. The assessment invoice was mailed via certified mail to Respondent at 1224 Oak Street, Lebanon, PA 17042.

 25. This is the mailing address that Respondent provided to the Commission for assessment purposes.

 26. The assessment invoice was returned to the Commission by the United States Postal Service as being undeliverable.

 27. On or about October 23, 2013, the Commission sent Respondent, through first class mail, an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year at 1224 Oak Street, Lebanon, PA 17042. The assessment invoice was not returned as undeliverable.

 28. Respondent failed to pay the amount of its 2013-2014 assessment invoice.

 29. The total outstanding assessment balance for Respondent is $542.

Violations

COUNTS 1-2

 30. That Respondent failed to satisfy its 2012-2013 and 2013-2014 fiscal year assessments in that it did not pay the amounts due within thirty (30) days of receipt of the invoices.

 If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 25% of the outstanding assessment balance or $136.

 This civil penalty is based, in part, on Respondent's history of noncompliance with the Public Utility Code involving a failure to satisfy its assessments, as set forth above.

 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 $678, which consists of its outstanding assessment balance, which totals $542 and a civil penalty of $136 for the above-described violations; and

 (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;

 (2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and

 (3) the Commission certify Respondent's automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.

 Respectfully submitted,
Kourtney L. Myers
Prosecutor
PA Attorney ID No. 316494

Pennsylvania Public Utility Commission
Bureau of Investigation & Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

Date: October 30, 2014

VERIFICATION

 I, Mandy Freas, 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: October 30, 2014

Mandy Freas, 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 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. You may file your Answer by mailing an original to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 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. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

    Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

 Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov

 B. 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.

 C. You may elect not to contest this Complaint by paying the civil penalty within 20 days. Your check or money order for the civil penalty should be payable to the Commonwealth of Pennsylvania and mailed to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 D. 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. 52 Pa. Code § 1.21.

 G. 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. Yellow 2000 of Philadelphia Inc.; Docket No. C-2014-2450045

COMPLAINT

 Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Yellow 2000 of Philadelphia 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:

    Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.gov

    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
wascott@pa.gov

 4. Respondent is Yellow 2000 of Philadelphia Inc. and maintains its principal place of business at 1405 West Pike Street, Philadelphia, PA 19140.

 5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting passengers in the Commonwealth of Pennsylvania for compensation.

 6. The Commission issued Respondent a certificate of public convenience on or about September 2, 1999, at A-00115790, for taxi 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 transporting passengers 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.

 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

2013-2014 Fiscal Year

 12. On or about February 7, 2013, the Commission mailed to Respondent an assessment report for Respondent to report its 2012 calendar year revenues.

 13. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2013.

 14. Respondent failed to file an assessment report to show its 2012 calendar year revenues.

 15. On or about September 12, 2013, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2012 calendar year. Respondent's assessment was $308.

 16. On September 28, 2013, Respondent signed a certified mail card, which indicated that it received an assessment invoice for the Commission's July 1, 2013 to June 30, 2014 Fiscal Year.

 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 2013-2014 Fiscal Year Assessment.

 19. Respondent failed to fully pay the amount of its 2013-2014 assessment invoice.

 20. The total outstanding assessment balance for Respondent is $308.

Violations

COUNT 1

 21. That Respondent failed to demonstrate its gross intrastate operating revenues for the 2012 calendar year in that it did not file an assessment report for that year.

 If proven, this is a violation of 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 $1,000 for each calendar year that Respondent failed to report its gross intrastate operating revenues or $1,000.

COUNT 2

 22. That Respondent failed to satisfy its 2013-2014 fiscal year assessment in that it did not pay the amount due within thirty (30) days of receipt of the invoice.

 If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 15% of the outstanding assessment balance or $46.

 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 $1,354, which consists of its outstanding assessment balance, which totals $308 and a civil penalty of $1,046 for the above-described violations;

 (b) Respondent be directed to file assessment reports on a going-forward basis; and

 (c) If payment of the civil penalty and assessment 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;

 (2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and

 (3) the Commission certify Respondent's automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.

 Respectfully submitted,
Kourtney L. Myers
Prosecutor
PA Attorney ID No. 316494

Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

Date: October 27, 2014

VERIFICATION

 I, Mandy Freas, 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: October 27, 2014

Mandy Freas, 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 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. You may file your Answer by mailing an original to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 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. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

    Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

 Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov

 B. 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.

 C. You may elect not to contest this Complaint by paying the civil penalty within 20 days. Your check or money order for the civil penalty should be payable to the Commonwealth of Pennsylvania and mailed to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 D. 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. 52 Pa. Code § 1.21.

 G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

____

Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Juan Genet Enterprises LLC t/a Safe Destinations; Docket No. C-2014-2450660

COMPLAINT

 Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Juan Genet Enterprises LLC t/a Safe Destinations (''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:

    Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.gov

    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
wascott@pa.gov

 4. Respondent is Juan Genet Enterprises LLC t/a Safe Destinations and maintains its principal place of business at 3311 Hartel Avenue, Philadelphia, PA 19136, Attention: Juan Genet.

 5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting passengers in the Commonwealth of Pennsylvania for compensation.

 6. The Commission issued Respondent a certificate of public convenience on or about September 30, 2009, at A-2009-2109403, for paratransit 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 transporting passengers 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.

 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

2012-2013 Fiscal Year

 12. On or about February 16, 2012, the Commission mailed to Respondent an assessment report for Respondent to report its 2011 calendar year revenues.

 13. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2012.

 14. The assessment report and instructions on how to complete it are also available on the Commission's website.

 15. Respondent failed to file an assessment report to show its 2011 calendar year revenues.

 16. On or about August 27, 2012, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2012 to June 30, 2013 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2011 calendar year. Respondent's assessment was $224.

 17. On October 19, 2012, Respondent signed a certified mail card, which indicated that it received an assessment invoice for the Commission's July 1, 2012 to June 30, 2013 Fiscal Year.

 18. 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.

 19. The Commission received no objections from Respondent to this assessment.

 20. Respondent failed to fully pay the amount of its 2012-2013 assessment invoice.

2013-2014 Fiscal Year

 21. On or about February 7, 2013, the Commission mailed to Respondent an assessment report for Respondent to submit its 2012 calendar year revenues.

 22. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2013.

 23. The assessment report and instructions on how to complete it are also available on the Commission's website.

 24. Respondent failed to file an assessment report to show its 2012 calendar year revenues.

 25. On or about September 12, 2013, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2012 calendar year. Respondent's assessment was $218.

 26. 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.

 27. The assessment invoice was mailed to Respondent at 3311 Hartel Avenue, Philadelphia, PA 19136.

 28. This is the mailing address that Respondent provided to the Commission for assessment purposes.

 29. The assessment invoice was returned to the Commission by the United States Postal Service as being undeliverable.

 30. Respondent is obligated to promptly apprise the Commission of changes to its current address pursuant to Section 1.53(d) of the Commission's regulations, 52 Pa. Code § 1.53(d).

 31. The Commission was unable to effectively serve the 2013-2014 fiscal year assessment invoice upon Respondent due to Respondent's failure to provide the Commission with its current address or claim the certified mailing.

 32. Consequently, Respondent failed to pay the amount of its 2013-2014 assessment invoice.

 33. The total outstanding assessment balance for Respondent is $442.

Violations

COUNTS 1-2

 34. That Respondent failed to demonstrate its gross intrastate operating revenues for the 2011 and 2012 calendar years in that it did not file assessment reports for those years.

 If proven, this is a violation of 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 $1,000 for each calendar year that Respondent failed to report its gross intrastate operating revenues or $2,000.

COUNTS 3-4

 35. That Respondent failed to satisfy its 2012-2013 and 2013-2014 fiscal year assessments in that it did not pay the amounts due within thirty (30) days of receipt of the invoices.

 If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 15% of the outstanding assessment balance or $66.

 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 $2,508, which consists of its outstanding assessment balance, which totals $442 and a civil penalty of $2,066 for the above-described violations;

 (b) Respondent be directed to file assessment reports on a going-forward basis; and

 (c) 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;

 (2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and

 (3) the Commission certify Respondent's automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.

 Respectfully submitted,
Kourtney L. Myers
Prosecutor
PA Attorney ID No. 316494

Pennsylvania Public Utility Commission
Bureau of Investigation & Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

Date: October 30, 2014

VERIFICATION

 I, Mandy Freas, 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: October 30, 2014

Mandy Freas, 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 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. You may file your Answer by mailing an original to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 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. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

    Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

 Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov

 B. 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.

 C. You may elect not to contest this Complaint by paying the civil penalty within 20 days. Your check or money order for the civil penalty should be payable to the Commonwealth of Pennsylvania and mailed to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 D. 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. 52 Pa. Code § 1.21.

 G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

____

Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Valley Limousine Service, LLC; Docket No. C-2014-2456396

COMPLAINT

 Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Valley Limousine 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:

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:

    Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.gov

    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
wascott@pa.gov

 4. Respondent is Valley Limousine Service, LLC and maintains its principal place of business at 2312 Esquire Drive, Easton, PA 18045.

 5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting passengers in the Commonwealth of Pennsylvania for compensation.

 6. The Commission issued Respondent a certificate of public convenience on or about December 15, 2006, at A-00123058, for limousine 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 transporting passengers 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.

 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

 12. On October 25, 2012, I&E filed an Amended Complaint against Respondent at Docket No. C-2012-2314500, alleging that Respondent violated Section 510(b) of the Public Utility Code, 66 Pa.C.S. § 510(b), by failing to file assessment reports for the 2009 and 2010 calendar years and that Respondent violated Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c), by failing to satisfy its 2010-2011 and 2011-2012 fiscal year assessments.

 13. On November 28, 2012, I&E filed a Motion for Default Judgment against Respondent alleging that Respondent failed to file an Answer to the Amended Complaint within 20 days and requesting that Respondent be ordered to pay its outstanding assessment balance and civil penalty sought therein.

 14. On April 18, 2013, the Commission entered an Order granting I&E's Motion, sustaining I&E's Amended Complaint, and directing Respondent to pay its outstanding assessment balance and the civil penalty as requested in I&E's Amended Complaint or its authority would be cancelled. On or about October 17, 2014, payment was received to satisfy Respondent's outstanding assessment balance.

2012-2013 Fiscal Year

 15. On or about February 16, 2012, the Commission mailed to Respondent an assessment report for Respondent to report its 2011 calendar year revenues.

 16. The assessment report was accompanied by a letter, which notified Respondent that the report was due on or before March 31, 2012.

 17. Respondent failed to file an assessment report to show its 2011 calendar year revenues.

 18. On or about August 27, 2012, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2012 to June 30, 2013 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2011 calendar year. Respondent's assessment was $892.

 19. 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.

 20. The assessment invoice was mailed to Respondent at 2312 Esquire Drive, Easton, PA 18045-6107.

 21. This is the mailing address that Respondent provided to the Commission for assessment purposes.

 22. The assessment invoice was returned to the Commission by the United States Postal Service as being undeliverable.

 23. Respondent is obligated to promptly apprise the Commission of changes to its current address pursuant to Section 1.53(d) of the Commission's regulations, 52 Pa. Code § 1.53(d).

 24. The Commission was unable to effectively serve the 2012-2013 fiscal year assessment invoice upon Respondent due to Respondent's failure to provide the Commission with its current address or claim the certified mailing.

 25. Consequently, Respondent failed to pay the amount of its 2012-2013 assessment invoice.

 26. The total outstanding assessment balance for Respondent is $892.

Violations

COUNT 1

 27. That Respondent failed to demonstrate its gross intrastate operating revenues for the 2011 calendar year in that it did not file an assessment report for that year.

 If proven, this is a violation of 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 $1,500 for each calendar year that Respondent failed to report its gross intrastate operating revenues or $1,500.

 This civil penalty is based, in part, on Respondent's history of noncompliance with the Public Utility Code involving a failure to file its assessment reports and to satisfy its assessments, as set forth above.

COUNT 2

 28. That Respondent failed to satisfy its 2012-2013 fiscal year assessment in that it did not pay the amount due within thirty (30) days of receipt of the invoice.

 If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 25% of the outstanding assessment balance or $223.

 This civil penalty is based, in part, on Respondent's history of noncompliance with the Public Utility Code involving a failure to file its assessment reports and to satisfy its assessments, as set forth above.

 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 $2,615, which consists of its outstanding assessment balance, which totals $892 and a civil penalty of $1,723 for the above-described violations;

 (b) Respondent be directed to file assessment reports on a going-forward basis;

 (c) If Respondent's address changed, Respondent be directed to update its address with the Commission using the form available on the Commission's website at:

 http://www.puc.pa.gov/filing_resources/motor_carrier_online_forms.aspx; and

 (d) If payment of the civil penalty and assessment 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;

 (2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and

 (3) the Commission certify Respondent's automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.

 Respectfully submitted,
Kourtney L. Myers
Prosecutor
PA Attorney ID No. 316494

Pennsylvania Public Utility Commission
Bureau of Investigation & Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

Date: December 5, 2014

VERIFICATION

 I, Mandy Freas, 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: December 5, 2014

Mandy Freas, 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 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. You may file your Answer by mailing an original to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 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. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

    Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

 Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov

 B. 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.

 C. 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 to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 D. 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. 52 Pa. Code § 1.21.

 G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

____

Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Diamond Courier Service, Inc.; Docket No. C-2014-2457209

COMPLAINT

 Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Diamond Courier Service, 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:

    Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.gov

    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
wascott@pa.gov

 4. Respondent is Diamond Courier Service, Inc. and maintains its principal place of business at 2050 Richmond Street, Philadelphia, PA 19125, Attention: Richard Glassman.

 5. Respondent is a ''public utility'' as that term is defined at 66 Pa.C.S. § 102, as it is engaged in transporting property in the Commonwealth of Pennsylvania for compensation.

 6. The Commission issued Respondent a certificate of public convenience on or about September 30, 1991, at A-00109245, for truck 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 transporting property 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.

 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

2009-2010 Fiscal Year

 12. On or about September 9, 2009, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2009 to June 30, 2010 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2008 calendar year. Respondent's assessment was $4,079.

 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 has no tracking information available to determine that Respondent received the assessment invoice that was mailed on September 9, 2009.

 15. Out of an abundance of caution, on or about November 6, 2014, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2009 to June 30, 2010 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2008 calendar year. Respondent's assessment was $4,079.

 16. 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.

 17. The assessment invoice was mailed to Respondent at 2050 Richmond Street, Philadelphia, PA 19125.

 18. This is the mailing address that Respondent provided to the Commission for assessment purposes.

 19. The assessment invoice was returned to the Commission by the United States Postal Service as being undeliverable.

 20. Respondent is obligated to promptly apprise the Commission of changes to its current address pursuant to Section 1.53(d) of the Commission's regulations, 52 Pa. Code § 1.53(d).

 21. The Commission was unable to effectively serve the 2009-2010 fiscal year assessment invoice upon Respondent due to Respondent's failure to provide the Commission with its current address or claim the certified mailing.

 22. Consequently, Respondent failed to pay the amount of its 2009-2010 assessment invoice.

2010-2011 Fiscal Year

 23. On or about August 25, 2010, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2010 to June 30, 2011 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2009 calendar year. Respondent's assessment was $6,521.

 24. 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.

 25. The Commission has no tracking information available to determine that Respondent received the assessment invoice that was mailed on August 25, 2010.

 26. Out of an abundance of caution, on or about November 6, 2014, the Commission sent Respondent, through certified mail, an assessment invoice for the July 1, 2010 to June 30, 2011 Fiscal Year that was based, in part, on Respondent's estimated revenues for the 2009 calendar year. Respondent's assessment was $6,521.

 27. 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.

 28. The assessment invoice was mailed to Respondent at 2050 Richmond Street, Philadelphia, PA 19125.

 29. This is the mailing address that Respondent provided to the Commission for assessment purposes.

 30. The assessment invoice was returned to the Commission by the United States Postal Service as being undeliverable.

 31. Respondent is obligated to promptly apprise the Commission of changes to its current address pursuant to Section 1.53(d) of the Commission's regulations, 52 Pa. Code § 1.53(d).

 32. The Commission was unable to effectively serve the 2010-2011 fiscal year assessment invoice upon Respondent due to Respondent's failure to provide the Commission with its current address or claim the certified mailing.

 33. Consequently, Respondent failed to pay the amount of its 2010-2011 assessment invoice.

 34. The total outstanding assessment balance for Respondent is $10,600.

Violations

COUNTS 1-2

 35. That Respondent failed to satisfy its 2009-2010 and 2010-2011 fiscal year assessments in that it did not pay the amounts due within thirty (30) days of receipt of the invoices.

 If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c).

 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 $10,600, which consists of its outstanding assessment balance;

 (b) Respondent be directed to file assessment reports on a going-forward basis;

 (c) If Respondent's address changed, Respondent be directed to update its address with the Commission using the form available on the Commission's website at:

 http://www.puc.pa.gov/filing_resources/motor_carrier_online_forms.aspx; and

 (d) 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;

 (2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and

 (3) the Commission certify Respondent's automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.

 Respectfully submitted,
Kourtney L. Myers
Prosecutor
PA Attorney ID No. 316494

Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

Date: December 10, 2014

VERIFICATION

 I, Mandy Freas, 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: December 10, 2014

Mandy Freas, 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 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. You may file your Answer by mailing an original to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 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. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

    Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

 Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov

 B. 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.

 C. 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 to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 D. 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. 52 Pa. Code § 1.21.

 G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

____

Pennsylvania Public Utility Commission; Bureau of Investigation and Enforcement v. Smiley's Well Services, LLC and William E. Robinson t/a Tri State Trucking Co.;
Docket No. C-2014-2457980

COMPLAINT

 Now Comes the Bureau of Investigation and Enforcement (''I&E'') of the Pennsylvania Public Utility Commission (''Commission''), by its prosecuting attorneys, and files this Complaint against Smiley's Well Services, LLC (''Smiley's Well Services'') and William E. Robinson t/a Tri State Trucking Co. (''William E. Robinson'') (collectively, ''Respondents''), 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:

    Kourtney L. Myers
Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265
717.705.4366
komyers@pa.gov

    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
wascott@pa.gov

 4. Respondents are Smiley's Well Services and William E. Robinson.

 5. Smiley's Well Services maintains its principal place of business at P. O. Box 114, Arnot, PA 16911, Attention: Christopher Parker.

 6. William E. Robinson maintains his principal place of business at 16064 Route 6, Mansfield, PA 16933, Attention: William E. Robinson.

 7. Respondents are ''public utilit[ies]'' as that term is defined at 66 Pa.C.S. § 102, as Respondents are engaged in transporting property in the Commonwealth of Pennsylvania for compensation.

 8. The Commission issued Smiley's Well Services a certificate of public convenience on or about February 7, 2011, at A-2010-2214118, for truck authority.

 9. The Commission issued William E. Robinson a certificate of public convenience on or about April 19, 2010, at A-2010-2166900, for truck authority.

 10. 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.

 11. 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.

 12. 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.

 13. Respondents, in transporting property as common carriers for compensation, are 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.

 14. 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 Respondents related thereto.

Factual Background

2013-2014 Fiscal Year

 15. On or about September 12, 2013, the Commission sent Smiley's Well Services, through certified mail, an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year that was based on Smiley's Well Services' reported gross intrastate operating revenues for the 2012 calendar year. The assessment was $460.

 16. Accompanying the assessment invoice was a notice that informed Smiley's Well Services that it was obligated to pay the amount listed on the assessment invoice within thirty (30) days.

 17. The assessment invoice was mailed to Smiley's Well Services at P. O. Box 114, Arnot, PA 16911.

 18. This is the mailing address that Smiley's Well Services provided to the Commission for assessment purposes.

 19. The assessment invoice was returned to the Commission by the United States Postal Service as being undeliverable.

 20. Smiley's Well Services is obligated to promptly apprise the Commission of changes to its current address pursuant to Section 1.53(d) of the Commission's regulations, 52 Pa. Code § 1.53(d).

 21. The Commission was unable to effectively serve the 2013-2014 fiscal year assessment invoice upon Smiley's Well Services due to its failure to provide the Commission with its current address or claim the certified mailing.

 22. Consequently, Smiley's Well Services failed to pay the amount of its 2013-2014 assessment invoice.

 23. On or about October 23, 2013, Smiley's Well Services provided documentation to the Commission demonstrating the transfer of 100% of the limited liability company membership interests in Smiley's Well Services to William E. Robinson, which was effective April 26, 2013.

 24. Due to the transfer of membership rights from Smiley's Well Services to William E. Robinson, on or about October 25, 2013, the Commission sent William E. Robinson, through certified mail, an assessment invoice for the July 1, 2013 to June 30, 2014 Fiscal Year that was based on Smiley's Well Services' reported gross intrastate operating revenues for the 2012 calendar year. The assessment was $460.

 25. On October 28, 2013, William E. Robinson signed a certified mail card, which indicated that he received the assessment invoice.

 26. Accompanying the assessment invoice was a notice that informed William E. Robinson that he was obligated to pay the amount listed on the assessment invoice within thirty (30) days.

 27. The Commission received no objections from William E. Robinson to the assessment invoice.

 28. William E. Robinson failed to fully pay the amount of the assessment invoice.

Violation

COUNT 1

 29. That Respondents failed to satisfy the 2013-2014 fiscal year assessment in that neither Respondent paid the amount due within thirty (30) days of receipt of the invoice.

 If proven, this is a violation of Section 510(c) of the Public Utility Code, 66 Pa.C.S. § 510(c). The Bureau of Investigation and Enforcement's proposed civil penalty for this violation is 15% of the outstanding assessment balance or $69.

 Wherefore, for all the foregoing reasons, the Bureau of Investigation and Enforcement of Pennsylvania Public Utility Commission respectfully requests that:

 (a) Smiley's Well Services or William E. Robinson be ordered to pay a total of $529, which consists of Smiley's Well Services' outstanding assessment balance, which totals $460 and a civil penalty of $69 for the above-described violation; and

 (b) If payment of the civil penalty and assessment is not made, the Bureau of Investigation and Enforcement requests that:

 (1) the Commission issue an Order to cancel the Certificates of Public Convenience issued to Smiley's Well Services and William E. Robinson;

 (2) this matter be referred to the Pennsylvania Office of Attorney General for appropriate action; and

 (3) the Commission certify Smiley's Well Services' and William E. Robinson's automobile registrations to the Pennsylvania Department of Transportation for suspension or revocation.

 Respectfully submitted,
Kourtney L. Myers
Prosecutor
PA Attorney ID No. 316494

Pennsylvania Public Utility Commission
Bureau of Investigation & Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

Date: December 10, 2014

VERIFICATION

 I, Mandy Freas, 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: December 10, 2014

Mandy Freas, 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 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. You may file your Answer by mailing an original to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 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. If your Answer exceeds 250 pages, you must file a paper copy with the Secretary's Bureau.

 Additionally, a copy should either be mailed to:

    Wayne T. Scott, First Deputy Chief Prosecutor
Pennsylvania Public Utility Commission
Bureau of Investigation and Enforcement
P. O. Box 3265
Harrisburg, PA 17105-3265

 Or, emailed to Mr. Scott at: RA-PCCmplntResp@pa.gov

 B. 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.

 C. 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 to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 D. 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. 52 Pa. Code § 1.21.

 G. Alternative formats of this material are available for persons with disabilities by contacting the Commission's ADA Coordinator at 717-787-8714.

[Pa.B. Doc. No. 15-145. Filed for public inspection January 23, 2015, 9:00 a.m.]

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