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CARL R. BIEBER v. PUBLIC UTILITY COMMISSION. CAPITOL BUS COMPANY V. PUBLIC UTILITY COMMISSION (09/09/71)

decided: September 9, 1971.

CARL R. BIEBER, INC.
v.
PUBLIC UTILITY COMMISSION. CAPITOL BUS COMPANY V. PUBLIC UTILITY COMMISSION



Appeals from the Order of the Public Utility Commission at Application Docket No. 94220, 1969, in case of In re: Application of Reading Bus Company, Inc. Appeal transferred December 14, 1970 from the Superior Court of Pennsylvania to the Commonwealth Court of Pennsylvania.

COUNSEL

John W. Dry, with him DeLong, Dry & Cianci and Christian V. Graf, for appellant, Carl R. Bieber, Inc.

Christian V. Graf, for appellant, Capitol Bus Company.

Alfred N. Lowenstein, Assistant Counsel, with him Edward Munce, Acting Counsel, for appellee, Public Utility Commission.

W. Russell Hoerner, with him John B. Wilson, III, and Shearer, Mette & Hoerner, Clinton J. Najarian, Sidney D. Kline, Jr. and Stevens & Lee, for intervening appellee, Reading Bus Company, Inc.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Rogers. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 3 Pa. Commw. Page 238]

This is before us on appeal of an order of the Public Utility Commission which issued an amended certificate of public convenience to Reading Bus Company, Inc., intervenor.

Carl R. Bieber, Inc. and Capitol Bus Company, Inc., protestants to Reading's application, have appealed the extension of Reading's service rights on the grounds that the Commission failed to base its order upon substantial evidence of need for the proposed service and/or of inadequacy of existing services. We find the appeals to be without merit and affirm the order.

Reading operates regular route mass transit bus service in the City of Reading and other areas in Berks County under a common carrier certificate issued by the Commission. In addition, by a certificate dated March 14, 1968, Reading is also authorized to provide "group and party service"*fn1 from and to points in the City of Reading from and to certain named boroughs and townships in Berks and Lancaster Counties and from points located within one mile of its mass transit routes. By its present application, Reading seeks to extend its present group and party service to include

[ 3 Pa. Commw. Page 239]

    service to various points in Pennsylvania. This would not enlarge the origin points of Reading's service.

Following hearings, the Commission granted the extension. Bieber and Capitol took separate appeals which were both filed July 27, 1970 in the Superior Court. A petition by the Commission for issuance of a long-form order substantiating the Commission's conclusions was allowed and the long-form order was issued September 14, 1970. On December 14, 1970 this matter was transmitted to this Court under Section 507(b) of the ...


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