Appeal to the Superior Court of Pennsylvania from the Order of the Pennsylvania Public Utility Commission in case of Application of McCutcheon Transfer, Inc., Application Docket No. 94652. Appeal transferred November 19, 1970 to the Commonwealth Court of Pennsylvania and docketed at No. 1004 Tr. Dkt. 1970.
Earl R. Handler, with him Malcolm & Earley, for appellant.
Alfred N. Lowenstein, with him Paul Silverstein and Morton Krase, for appellee.
Henry M. Wick, Jr., with him John A. Pillar and Wick, Vuono & Lavelle, for intervening appellee.
President Judge Bowman, and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Rogers. Opinion by Judge Crumlish, Jr.
Heretofore, all appeals from decisions of the Pennsylvania Public Utility Commission were lodged in the Superior Court under Article X of the Public Utility Code, Act of May 28, 1937, P.L. 1053, art. X, 66 P.S. §§ 1431 et seq. Sections 508(e) and 403(1) of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. , No. 223, 17 P.S. §§ 211.508(e) and 211. 403(1), now provide that the jurisdiction of the Superior Court over appeals from the Commission is transferred to and vested in the Commonwealth Court. Under Section 507(b) of that Act, 17 P.S. § 211.507(b), the instant case, originally filed in the Superior Court, was transferred to this Court.
It involves the issuance of an extended certificate of public convenience by order of the Public Utility Commission to McCutcheon Transfer, Inc., intervenor. McNaughton Bros., Inc., a protestant to the application of McCutcheon, has appealed the extension of rights on the grounds that the Commission failed to base its order upon substantial evidence as required by law. We affirm.
In September 1968, McCutcheon received a certificate of public convenience for the transportation of household goods and office furniture, in use, from points in the Borough of Indiana and within three miles of the Borough limits to points within thirty-five miles of the limits of said Borough, and vice versa, and from points in the Borough of Indiana to points in Pennsylvania and vice versa. McCutcheon's predecessor to the
certificate had operated continuously under it for more than twenty-five years.
McCutcheon has sought an extension of its existing certificate in two respects: (1) an enlargement of its base territory to include all points in the Counties of Indiana and Armstrong to and from points in Pennsylvania; and (2) inclusion of additional items related to the movement of household goods and office furniture in use. Following hearings, the Commission ordered the extension of authority, including the right to include the additional items, to encompass transfers from points in the Borough of Indiana, and within the airline distance of ten miles of the Borough limits, to other points in Pennsylvania, and vice versa. It is from this order that McNaughton, a potential competitor appeals.
The appeal was filed December 8, 1969 to the Superior Court which granted a petition for remission of the record requiring the Commission to issue a longform order substantiating their conclusions. The longform order was issued August 24, 1970 and on November 13, 1970 the case was transmitted to this Court under Section 507(b) of the Appellate Court Jurisdiction Act, Act of July 31, 1970, P.L. , No. 223, Art. V, § 507(b), 17 P.S. § 211.507(b). "The authority of this Court to overrule an order of the Commission is limited. We may not disturb such an order except for errors of law, lack of evidence to support a finding, determination or order of the Commission, or violation of constitutional rights, Section 1107 of the Public Utility Law, [Act of May 28, 1937, P.L. 1053, as amended], 66 P.S. § 1437, Pa. Railroad Company v. Pa. P.U.C., 202 Pa. Superior Ct. 114, 195 A.2d 162 (1963); and we may not exercise our ...