NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment for Fiscal Year 2021-2022
[52 Pa.B. 7800]
[Saturday, December 17, 2022]Public Meeting held
November 10, 2022Commissioners Present: Gladys Brown Dutrieuille, Chairperson; Stephen M. DeFrank, 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 2021-2022; M-2022-3036374
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 2021-2022 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 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 but were unable to make contact.
Under the circumstances, 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 Bureaus of Investigation and Enforcement, Technical Utility Services, and Administration, the Pennsylvania Department of Revenue—Bureau of Corporation Taxes, and the Pennsylvania Department of Transportation.
ROSEMARY CHIAVETTA,
SecretaryORDER ADOPTED: November 10, 2022
ORDER ENTERED: November 10, 2022
Appendix A
Carriers With Outstanding Assessment Balances
Utility Code Carrier Name Docket No. 630211 JEFFRIES ENTERPRISES, INC. A-00108879 6310311 ROSEMONT TAXICAB CO, INC. A-2008-2053668 632296 EXECUTIVE TRNSPRTN SERVICES, INC. A-00107390
A-00107390F00026416128 EXTRA CARE TRANSPORTATION, LLC A-2013-2393823 6419312 JACKIE WLEH AND JOHNETTA WLEH A-2016-2572358 644900 MOTOR TRANSPORTATION CO., INC. A-00000314 6920148 AMAYA TRANSPORTATION, LLC A-2017-2618571 706032 GUYKER, ROBERT AND NEAL, MARK A-00119474 745061 EVANS, ROBERT L., JR., INC. A-00101325 890967 DUNBAR ARMORED, INC. A-00106028 8910173 IVAN'S TRUCKING CORPORATION A-2008-2043862 8911383 T & C TOWING & RECOVERY, LLC A-2009-2130902 891140 JOHNSON, JOHN A., ET AL. A-00106826 8911882 RODAN TRANSPORT (USA), LTD A-2010-2164722 8912922 STEVE BRATTON A-2010-2208009 8913432 DOBRINSKI BROTHERS, INC. A-2011-2236892 8918399 DREAM2REALITY, LLC A-2016-2571662 8918420 RECOVERY PROS, INC. A-2016-2524483 8918557 BENB TRANSPORT, LLC A-2016-2530772 8918648 STEVEN L. REX AND STEVEN N. REX A-2016-2572074 8919246 WHITES AUTO TRANSPORT, LLC A-2016-2569768 8919386 MOOSTER'S HAULING, LLC A-2016-2576315
A-2018-30057408919888 LOWELL D. HARTZELL CONTRACTOR, INC. A-2017-2603559 8920147 KRISIAK ENTERPRISES, LLC A-2017-2618377 8920464 T 'N P TRUCKING, INC. A-2017-2635921 8920760 NIMBLE HILL TRANSPORT, LLC A-2018-3000414 8921018 NEPA TRUCKING AND TRANSPORT, LLC A-2020-3019286 8921094 M&K LOGISTICS, LLC A-2018-3002814 8921328 JAO UNLIMITED, LLC A-2018-3004316 8921917 AMERICAN TWIN MOVERS, INC. A-2019-3008201 8921993 M.AMDITIS TRUCKING, LLC A-2019-3008679
[Pa.B. Doc. No. 22-1956. Filed for public inspection December 16, 2022, 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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