NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment for Fiscal Year 2020-2021
[51 Pa.B. 6498]
[Saturday, October 9, 2021]Public Meeting held
September 15, 2021Commissioners Present: Gladys Brown Dutrieuille, Chairperson; David W. Sweet, Vice Chairperson; John F. Coleman, Jr.; Ralph V. Yanora
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment for Fiscal Year 2020-2021; M-2021-3027784
Tentative Order By the Commission:
For each fiscal year, the Commission determines the total assessment for regulatory expenses, which is allocated to, and paid by, public utilities pursuant to the methodology set forth in the Public Utility Code. 66 Pa.C.S. §§ 510(a), (b). 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. 66 Pa.C.S. § 510(c).1 The Public Utility Code authorizes the Commission to revoke a utility's Certificate of Public Convenience (CPC) for failure to pay the assessment within the time prescribed. Id.
The Commission undertook a review of its records to determine whether various motor carriers have complied with the assessment payment requirements of the Public Utility Code. The Commission's review revealed that a number of carriers failed to pay their 2020-2021 assessments. 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 carrier listed in Appendix A, notifying them of their outstanding assessment balance and requesting that they pay the past due balance 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 in Appendix A submitted payment in response to the Commission's Bureau of Administration 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 but were unable to make contact.
Given these carriers' failure to respond to the aforementioned notices, the Commission tentatively concludes that the motor carriers listed in Appendix A are not in compliance with the assessment payment requirements of 66 Pa.C.S. § 510(c), and may no longer continue to operate in Pennsylvania as a motor carrier public utility. As a result, it is appropriate and in the public interest to initiate the process to cancel their CPCs; Therefore,
It Is Ordered That:
1. 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 Law Bureau shall publish a copy of this Tentative Order in the Pennsylvania Bulletin.
5. To the extent that any of the motor carriers listed on Appendix A challenge cancellation of their Certificates 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 serve a copy of the Secretarial Letter upon the Commission's Bureau of Investigation and Enforcement, Bureau of Technical Utility Services, and Bureau of Administration, the Pennsylvania Department of Revenue—Bureau of Corporation Taxes, and the Pennsylvania Department of Transportation.
ROSEMARY CHIAVETTA,
SecretaryORDER ADOPTED: September 15, 2021
ORDER ENTERED: September 15, 2021
Appendix A
Carriers With Outstanding Assessment Balances
Utility Code Carrier Name Docket No. 632296 EXECUTIVE TRANSPORTATION SERVICES, INC. A-00107390
A-00107390F0002632822 UNITED TAXI COMPANY, LLC A-00123614 640389 CLASSIC LIMOUSINE TRANSPORTATION, LLC A-00112166
A-2012-2334929640912 GRIFFITH TRANSPORTATION, INC. A-00117265
A-2012-23216966411698 JOE & JANS, INC. A-2010-2151587 641181 MID-ATLANTIC TRANSPORTATION SERVICES, INC. A-00119364
A-2009-21230386417260 FIRST CLASS LIMOUSINE, LLC A-2015-2464420
A-2016-25716476417344 POWER EXPRESS, LLC A-2015-2467873 6418799 SAMUEL GROFF A-2016-2548547 6419020 RC JONES TRANSPORTATION, LLC A-2016-2558324 6420268 EXECUTIVE TRANS, INC. A-2018-3002171 6420596 MEDICAL TRANSPORTATION PROVIDERS, LLC A-2019-3009430 6422167 THULE TRANSPORTATION, LLC A-2019-3009677 701687 FALCON TRANSPORT CO. A-00112635 704704 S.A. JUZBASIC, INC. A-00117334 706595 G. E. VARNER TRUCKING, INC. A-00120513 707488 HORST, NATHAN S. A-00122045 731140 COOK, ROBERT A-00093134 8910297 J & E SANITATION, INC. A-2008-2052775 8910664 JENNINGS ENTERPRISE, LLC A-2008-2079836 8910696 KENNETH W. SCHODT A-2009-2083365 8912935 APOLO V EXPRESS, LLC A-2010-2208194 8913104 I-HAUL, LLC A-2011-2220987 891331 MILLER, RICK LEE A-00103622 8914967 CARL R. SNOOK A-2012-2314015 8915162 TROY M. KELLER A-2012-2326726 8915596 GRYGO TRUCKING, INC. A-2013-2354957 8915818 RAPID TRANSIT, INC. A-2013-2369268 8915862 SCOTT WILCOX A-2013-2372958 8917227 PATRIOT ONE, INC. A-2015-2461362 8917295 WOLVERINE ENTERPRISE, LLC A-2015-2465864 8918952 TIER ONE, LLC A-2016-2553662 8919069 A & S CARRIERS, LLC A-2017-2635902 8919255 PENNSYLVANIA CONTRACTING INCORPORATED A-2016-2567948 8919536 F & R SPERRY LOGGING, LLC A-2017-2586201 8919744 BEECH WOODS EQUIPMENT LEASING COMPANY A-2017-2597155 8920060 MICHAEL J. COMPTON A-2017-2614197 8920472 JOSEPH LANGUERAND A-2017-2636256 8920559 MOVING U & JUNK U, LLC A-2018-3000016 8920933 BRENDEN C. FINCK A-2018-3001423 8921067 CP MAULE, LLC A-2018-3002549 8921457 STREET KING TRANSPORT, LLC A-2018-3005201 8922269 TAMRON TRUCKING, INC. A-2019-3010351
[Pa.B. Doc. No. 21-1716. Filed for public inspection October 8, 2021, 9:00 a.m.] _______
1 In order to properly allocate the assessment, the Public Utility Code requires that by March 31 each year, every public utility must file a report detailing its gross intrastate operating revenue for the preceding calendar year. 66 Pa.C.S. § 510(b).
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