1 PUBLIC UTILITIES COMMISSION OF OHIO 2 3 - - - 4 In the Matter of JMS Towing : Case No. Notice of Apparent Violation : 16-1714-TR-CVF 5 and Intent to Assess Forfeiture: - - - 6 In the Matter of Pedro J. : Miranda, Notice of Apparent : Case No. 7 Violation and Intent to : 16-1715-TR-CVF Assess Forfeiture. : 8 9 - - - 10 11 PROCEEDINGS 12 Before Megan Addison and Patricia Schabo, 13 Attorney Examiners, held at the offices of the 14 Public Utilities Commission of Ohio, 180 East 15 Broad Street, Hearing Room 11-D, Columbus, Ohio, 16 on Thursday, May 23, 2017, at 10:00 A.M. 17 18 - - - 19 20 Armstrong & Okey, Inc. 21 222 East Town Street, 2nd Floor 22 Columbus, Ohio 43215 23 (614) 224-9481 - (800) 223-9481 24 25 - - - ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 2 1 APPEARANCES: 2 Mr. Robert A. Eubanks 3 Assistant Attorney General 30 East Broad Street 4 16th Floor Columbus, Ohio 43215 5 On behalf of the Staff 6 of the Public Utilities Commission of Ohio. 7 8 9 10 11 - - - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 3 1 INDEX TO EXHIBITS 2 - - - 3 STATE'S EXHIBITS MARKED ADT 4 1 Examination Report 5 7 5 2 Notice of Preliminary 5 7 Determination 6 3 Notice of Preliminary 6 7 7 Determination 8 - - - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 4 1 Tuesday Morning, 2 May 23, 2017. 3 10:30 A.M. 4 - - - 5 ATTORNEY EXAMINER ADDISON: The 6 Public Utilities Commission of Ohio has assigned 7 for hearing at this time and place case No. 8 16-1714-TR-CVF being in the Matter of JMS 9 Towing, Notice of Apparent Violation and Intent 10 to Assess Forfeiture. 11 And Case No. 16-1715-TR-CVF being In 12 the Matter of Pedro J. Miranda Santos, Notice of 13 Apparent Violation and Intent to Assess 14 Forfeiture. 15 My name is Megan Addison, and with 16 me this morning is Patricia Schabo, and we are 17 the Attorney Examiners assigned by 18 the Commission to hear these cases. 19 At this time we will go ahead and 20 take appearances of the parties, beginning with 21 Staff. 22 MR. EUBANKS: Robert Eubanks, AG's 23 office, here on behalf of the PUCO Staff. 24 Address is 30 East Broad Street, Columbus, Ohio 25 43215. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 5 1 ATTORNEY EXAMINER: Thank you very 2 much, Mr. Eubanks. I would like to note for 3 the record we did wait a considerable amount of 4 time, 30 minutes, for the Respondents to be 5 present at today's hearing. They are not 6 present this morning. 7 Is Staff ready to proceed? 8 MR. EUBANKS: Yes. 9 ATTORNEY EXAMINER: Please proceed, 10 Mr. Eubanks. 11 MR. EUBANKS: I would like to 12 present the Notice of Preliminary Determination 13 in both cases, TR-CVF-16-1714 and 15. 14 ATTORNEY EXAMINER: Would you like to 15 have those marked? 16 MR. EUBANKS: Yes. I would like to 17 have them marked Exhibits 1, 2 and 3. 18 ATTORNEY EXAMINER: If you can just 19 identify which exhibits are -- 20 MR. EUBANKS: Okay. I would like to 21 have the examination report marked as Exhibit 1. 22 The Notice of Preliminary 23 Determination as to violation 391.41 A through F 24 marked as Exhibit 2. 25 And the Notice of Preliminary ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 6 1 Determination as to violations 396.17 C, 393.83 2 G, 393 60 C, and 4921.03 to be marked as Exhibit 3 3. 4 (EXHIBITS MARKED FOR 5 IDENTIFICATION). 6 ATTORNEY EXAMINER: They will be so 7 marked. And, Mr. Eubanks, just for 8 clarification, the inspection report reflects 9 the violations in both of these cases. 10 MR. EUBANKS: It does. 11 ATTORNEY EXAMINER: Thank you very 12 much. 13 MR. EUBANKS: And I also would like 14 to move for a default judgment first. The 15 Respondent is not here, his not being here today 16 acts as an admission to all the violations, and 17 accordingly we would like to move for a default 18 judgment in this case, for both the violations 19 and the forfeiture. 20 ATTORNEY EXAMINER: Thank you, Mr. 21 Eubanks. And you did not hear from the 22 Respondents for either case for this morning; 23 correct? 24 MR. EUBANKS: I did not. 25 ATTORNEY EXAMINER: Thank you. Your ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 7 1 motion will be taken under advisement. 2 MR. EUBANKS: I would like to also 3 move to have those exhibits admitted into 4 evidence 5 ATTORNEY EXAMINER: They will be 6 admitted. 7 (EXHIBITS ADMITTED INTO EVIDENCE) 8 ATTORNEY EXAMINER: Does Staff have 9 anything further this morning? 10 MR. EUBANKS: No. 11 ATTORNEY EXAMINER: Thank you, Mr. 12 Eubanks. With that the case is submitted for 13 the record, and we are adjourned. 14 (At 10:35 A.M. the hearing was 15 concluded) 16 - - - 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 8 1 CERTIFICATE 2 I do hereby certify that the foregoing is a true and correct transcript of the 3 proceedings taken by me in this matter on May 23, 2017, and carefully compared with my 4 original stenographic notes. 5 __________________________ 6 Michael O. Spencer, Registered Professional 7 Reporter. 8 - - - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481