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COASTAL TANK LINES v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/10/59)

June 10, 1959

COASTAL TANK LINES, INC., APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 115, Oct. T., 1959, from order of Pennsylvania Public Utility Commission, Docket No. A84656, in case of Coastal Tank Lines, Inc. v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

Raymond A. Thistle, Jr., with him Paul F. Barnes, and Shertz, Barnes & Shertz, for protestant, appellant.

William A. Goichman, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

Henry M. Wick, Jr., with him John A. Vuono, and Delisi and Wick, for applicant, intervening appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Rhodes

[ 189 Pa. Super. Page 483]

OPINION BY RHODES, P.J.

This is an appeal by Coastal Tank Lines, Inc., from an order of the Pennsylvania Public Utility Commission which granted to C.D. Ambrosia Trucking Company the limited right to transport, as a Class D carrier, fly ash, in bulk, for Rochez Brothers from two

[ 189 Pa. Super. Page 484]

    power stations of the Duquesne Light Company located in the counties of Beaver and Allegheny to points within an airline distance of 150 miles of the point of origin, and the return of refused or rejected shipments. Coastal holds a certificate of public convenience which would permit it to render this service; it has never rendered such service.

Coastal contends that the order of the commission is not supported by substantial evidence in that the need for the proposed service and the inadequacy of existing service are not established.

On May 31, 1958, Ambrosia filed an application with the commission for the additional right to transport, as a common carrier, fly ash, in bulk, between points in the counties of Allegheny and Beaver and from points in those counties to points within 150 airline miles thereof and vice versa. Prior to the application Ambrosia had authority to haul certain products including building materials and cement in packages or in bulk.

Fly ash, which resembles cement, is a waste product resulting from the burning of pulverized coal, in this instance in the generation of electric power. Over the years certain beneficial uses have developed for fly ash in construction work which are commercially profitable. The commercial use of fly ash, however, is still in the process of initial development; in the Pittsburgh area its productive utilization began approximately two years prior to this proceeding. Coastal apparently holds the first certificate granted by the commission to a carrier to haul fly ash in Pennsylvania, having received that authority on September 4, 1956. At the time Coastal applied for its certificate, there was no need for motor vehicle ...


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