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MAC-ROD TRANSPORT COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (08/10/59)

August 10, 1959

MAC-ROD TRANSPORT COMPANY, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 59 to 62, inclusive, March T., 1959, from orders of Pennsylvania Public Utility Commission, Complaint Docket Nos. 16875, 16877, 16879 and 16881, in case of Mac-Rod Transport Company v. Pennsylvania Public Utility Commission. Orders affirmed.

COUNSEL

Christian V. Graf, with him Maurice H. Goldstein, for applicant, appellant.

Morris Mindlin, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

Edward I. Goldberg, with him Edward M. Larkin, Gordon E. Neuenschwander, Donald A. Brinkworth, L. Norman Dilley, Robert Engel, and Andrew C. Armstrong, of the Maryland Bar, for intervening appellees.

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

Author: Hirt

[ 190 Pa. Super. Page 175]

OPINION BY HIRT, J.

Mac-Rod Transport Company is the holder of the certificated right, granted by the Pennsylvania Public Utility Commission at Docket A32909 Folder 3, "To transport, as a Class D Carrier, construction equipment and property which requires trucks having winches or special equipment, between points in the said Western portion of the State of Pennsylvania." Ostensibly, under this certificated authority, Mac-Rod,

[ 190 Pa. Super. Page 176]

    as we will refer to the present appellant, filed with the Commission its Supplement No. 6 to its "Trariff Freight - Pa. P.U.C. No. 2" to become effective January 22, 1958. By the procedure of filing a supplement to its tariff and by holding itself out to the public as qualified to render the service, Mac-Rod sought specific authority in connection with its certificate A32909 to transport the following property from the Irwin Works at Dravosburg to Vandergrift, Pennsylvania: "Steel coils, weighing min. of 8,000 pounds each, but no more than 40,000 pounds each, and require such special equipment as cradles, coil racks, in order to transport same, min. weight 25,000 pounds."

A number of complaints to the supplement were filed by other carriers alleging that the contemplated additional service was not within the operating authority of Mac-Rod Transport Company and that it would result in unwarranted competition with the operation of the complainants under their certificated authority.

A hearing on the complaints was held on March 28, 1959 when all of the parties were afforded the opportunity of argument. In disposing of the issues raised by the complaints the Commission on November 5, 1958 sustained the complaints and ordered: "That the respondent immediately cease and desist from transportation of steel coils, sheet steel, steel bars and similar iron and steel commodities, as well as holding itself out to transport such commodities or other commodities not authorized by its certificate of public convenience." The Commission also ordered Mac-Rod Transportation ...


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