NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment for Fiscal Year 2022-2023
[54 Pa.B. 1168]
[Saturday, March 2, 2024]Public Meeting held
December 21, 2023Commissioners Present: Stephen M. DeFrank, Chairperson; Kimberly Barrow, Vice Chairperson; Ralph V. Yanora; Kathryn L. Zerfuss; John F. Coleman, Jr.
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment for Fiscal Year 2022-2023; M-2023-3041465
Tentative Order By the Commission:
For each fiscal year, the Pennsylvania Public Utility Commission (Commission) determines the total assessment for regulatory expenses, which is allocated to,1 and paid by, public utilities pursuant to the methodology set forth in the Public Utility Code (Code).2 The Commission provides notice of the amount lawfully assessed against a utility and requires the utility to pay that amount within thirty (30) days of receipt of the notice.3 If a carrier fails to pay the assessment within the prescribed 30-day time period, the Code authorizes the Commission to revoke a utility's Certificate of Public Convenience (CPC).4
The Commission undertook a review of its records to determine whether various motor carriers complied with the assessment payment requirement set forth in the Code. This review revealed that several carriers failed to pay assessments for fiscal year 2022-2023. Specifically, each carrier listed in Appendix A, attached hereto, has an outstanding assessment balance.
The Fiscal Office of the Commission's Bureau of Administration sent a letter to each motor carrier listed in Appendix A, notifying them of their outstanding assessment balance and requesting that past-due balances be paid within twenty (20) days of receipt of the letter. The letter warned that failure to comply would result in the Commission taking appropriate action to cancel the carrier's CPC. None of the carriers listed in Appendix A submitted payment in response to the Bureau of Administration's letter.
Additionally, Commission staff made two attempts to contact each carrier listed in Appendix A at the telephone number the carrier provided to the Commission. Staff was unable to make contact with the carriers listed in Appendix A.
Under the circumstances, the Commission tentatively concludes that the motor carriers listed in Appendix A are not in compliance with the assessment payment requirements outlined in 66 Pa.C.S. § 510(c) and thus may no longer continue to operate in Pennsylvania as a motor carrier utility. As a result, it is appropriate and in the public interest to initiate the process to cancel the CPC of each carrier listed in Appendix A; Therefore,
It Is Ordered That:
1. The cancellation of the Certificates of Public Convenience of each motor carrier listed in Appendix A is tentatively approved as being in the public interest.
2. The Secretary shall serve a copy of this Tentative Order upon all motor carriers listed in Appendix A.
3. The Secretary shall file this Tentative Order at each motor carrier's assigned docket number.
4. The Secretary's Bureau shall publish a copy of this Tentative Order in the Pennsylvania Bulletin.
5. To the extent that any of the motor carriers listed in Appendix A challenge cancellation of their Certificate of Public Convenience, they must file comments within thirty (30) days after publication of this Tentative Order in the Pennsylvania Bulletin. Comments shall be sent to the Pennsylvania Public Utility Commission, Attn: Secretary Rosemary Chiavetta, Commonwealth Keystone Building, 400 North Street, 2nd Floor, Harrisburg, PA 17120.
6. Alternatively to avoid cancellation, carriers listed in Appendix A may pay their outstanding assessment balance within thirty (30) days after publication in the Pennsylvania Bulletin. Payment shall be sent to the Pennsylvania Public Utility Commission, Attn: Fiscal Office, P.O. Box 3265, Harrisburg, PA 17105. Checks shall be made payable to ''Commonwealth of Pennsylvania.''
7. Absent the timely filing of comments challenging the cancellation of the Certificate of Public Convenience or the timely payment of a carrier's outstanding assessment balance, the Law Bureau shall prepare a Secretarial Letter, for issuance by the Secretary's Bureau, canceling the Certificate of Public Convenience of each motor carrier that fails to respond. The Secretarial Letter shall direct the Department of Transportation to suspend the carrier's vehicle registration(s) consistent with 75 Pa.C.S. § 1375.
8. Upon the Secretary's issuance of the Secretarial Letter per Ordering Paragraph No. 7, the Certificate of Public Convenience of each non-compliant carrier shall be cancelled.
9. The Secretary shall serve a copy of the Secretarial Letter upon the Commission's Bureau of Investigation and Enforcement, Bureau of Technical Utility Services, Bureau of Administration, the Pennsylvania Department of Revenue—Bureau of Corporation Taxes and the Pennsylvania Department of Transportation.
ROSEMARY CHIAVETTA,
SecretaryORDER ADOPTED: December 21, 2023
ORDER ENTERED: December 21, 2023
Appendix A
Utility Code Carrier Name Docket Number 632827 KENNETH SCOTT COBB A-2018-3000422 636827 RAINBOW CAB, INC. A-00107211 6411081 MAPEMAWA, INC. A-2009-2106848
A-2011-22261376411251 CUOZZO, LLC A-2009-2120621
A-2009-21240346413974 VISIT VANS, LLC A-2011-2268700
A-2014-24345926415036 E&M TRANS, INC. A-2012-2317384 641519 KABATA TRANSPORTATION, INC. A-00121937 6416166 FIRST CHOICE LIMOUSINE, INC. A-2013-2397068 6419076 VASQUEZ TRANSPORTATION, LLC A-2016-2561641 6419156 GLOBAL RIDES TRANSPORTATION, LLC A-2016-2564565 6419613 PARATRANSIT CAR'S SERVICE, LLC A-2017-2589969 6420268 EXECUTIVE TRANS, INC. A-2018-3002171 702745 ENVIRONMENTAL COORDINATION SERVICES A-00114353 703212 FIRST CLASS EXPRESS, INC. A-00115041 708213 DONALD L. GILPATRICK A-00123139 708269 JOHN D. RISSER A-00123233 708438 EAST COAST PAVING & SEAL COATING, INC. A-00123470 766270 HEAVEN SENT, LTD A-00102694 8910386 RANDY STERLING TRUCKING, INC. A-2009-2090913 8914604 C & C BACKHOE SERVICE, LLC A-2012-2301689 8915331 BRIAN P. PERRY A-2012-2337355 8918935 MODESTO SERVICES, LLC A-2016-2553329 8920498 LAPP TRANSPORT, LLC A-2017-2637624 8920787 ROSABAL TRANSPORT, LLC A-2018-3000584 8922355 JOHN G. AUKER A-2019-3011271 8922479 PRECISION LOGISTICS OF PA, INC. A-2019-3012072
[Pa.B. Doc. No. 24-287. Filed for public inspection March 1, 2024, 9:00 a.m.] _______
1 To properly allocate an assessment, the Code requires that every public utility file a report by March 31 of each year detailing the utility's gross intrastate operating revenue for the preceding calendar year. 66 Pa.C.S. § 510(b).
2 66 Pa.C.S. §§ 510(a) and (b).
3 66 Pa.C.S. § 510(c)
4 Id.
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