NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment
[50 Pa.B. 1203]
[Saturday, February 22, 2020]Public Meeting held
February 6, 2020Commissioners Present: Gladys Brown Dutrieuille, Chairperson; David W. Sweet, Vice Chairperson; Andrew G. Place; John F. Coleman, Jr.; Ralph V. Yanora
Cancellation of Certificates of Public Convenience for Motor Carriers; Failure to Pay Assessment; M-2020-3015774
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). 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. 66 Pa.C.S. § 510(c).
The Commission undertook a review of its records to determine whether various motor carriers are in compliance with the assessment payment requirements of the Public Utility Code. The Commission's review revealed that a number of carriers failed to pay their 2017-2018 and 2018-2019 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 correspondence 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 warns that failure to comply will 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 attempted twice to contact each carrier listed in Appendix A at the telephone number the carrier provided to the Commission, but were not able to make contact.
Under the circumstances, the Commission has tentatively concluded 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 be in business in Pennsylvania as a motor carrier public utility. As a result, it is appropriate to initiate the process to cancel their CPCs as being in the public interest; Therefore,
It Is Ordered That:
1. Cancellation of the Certificates of Public Convenience of each motor carrier listed in Appendix A is hereby tentatively approved as being in the public interest.
2. The Secretary shall serve a copy of this Tentative Order upon the Commission's Bureau of Investigation and Enforcement, Bureau of Technical Utility Services, Bureau of Administration, the Pennsylvania Department of Revenue's Bureau of Corporation Taxes, the Pennsylvania Department of Transportation, and all motor carriers listed in Appendix A. The Tentative Order shall be filed at each carrier's assigned docket number.
3. The Law Bureau shall publish a copy of this Tentative Order in the Pennsylvania Bulletin.
4. To the extent that any of the motor carriers listed on Appendix A challenges cancellation of their Certificates of Public Convenience, any of the parties listed in Ordering Paragraph No. 2, 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.
5. Alternatively, carriers listed in Appendix A may pay their outstanding assessment balance up to and 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.''
6. 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.
7. Upon issuance of the Secretarial Letter described in Ordering Paragraph No. 6 above, the Certificate of Public Convenience of each non-compliant carrier shall be cancelled, and each non-compliant carrier listed in Appendix A will be stricken from all active utility lists maintained by the Commission's Bureau of Technical Utility Services and the Fiscal Office of the Bureau of Administration.
ROSEMARY CHIAVETTA,
Secretary
Appendix A
Carriers with Outstanding Assessment Balances
Utility Code Carrier Name Docket No. 630285 H.I.P., INC. A-00109199 6310311 ROSEMONT TAXICAB CO., INC. A-2008-2053668 632302 FAIRVIEW LIMOUSINE SERVICE, INC. A-00106915 706897 LOMBARDI, BRIAN A-00121052 641195 ANTHONY KILIANY—WHITE KNIGHT LIMOUSINE A-00119503 6412402 LYTA CORPORATION A-2010-2186555,
A-2010-2186707,
A-2010-2206537
6414238 LLG TRANSPORTATION, LLC A-2012-2287026 641635 GEMSTAR LIMOUSINE, LLC A-00122687,
A-00122687, F.28914714 AMERICAN WELL SERVICE, LLC A-2012-2305896 8916637 SLASK TRANSPORT, LLC A-2014-2426787 8917672 COURIER LOGISTIC SOLUTIONS, LLC A-2015-2482145 8918050 WILLIAM MARTINEZ, LLC A-2015-2503248 8918716 PEABBAKA TRANSPORT, LLC A-2016-2540819 8919980 COLE AND COLE TRUCKING, LLC A-2017-2609471 6415494 VITAL EXPRESS LIMO, INC. A-2013-2348816,
A-2014-2432728792280 LLOYDS MOVING CO., INC. A-00094315 8911995 DIRT EXCAVATING, LLC A-2010-2168993 8912458 ROX TRUCKING, INC. A-2010-2188578
[Pa.B. Doc. No. 20-275. Filed for public inspection February 21, 2020, 9:00 a.m.]
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