Appeal from the Order of the Pennsylvania Public Utility Commission in case of In Re: Application of Manning's Moving and Storage, Inc. for Certificate of Public Convenience, No. 93363. Appeal transferred July 19, 1971, from the Superior Court of Pennsylvania to the Commonwealth Court of Pennsylvania.
C. David Krewson, with him Stuckert, Yates & Krewson, for appellants.
William A. Goichman, Assistant Counsel, with him Paul Silverstein, Chief Counsel, for appellee.
Nathan L. Reibman, with him Joseph M. Reibman and Reibman and Reibman, for intervenor.
Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson.
On September 12, 1966, Manning's Moving and Storage, Inc., a New Jersey Corporation, filed an application for a certificate of public convenience to ". . . transport, as a Class D carrier, property . . . between points and places in Bucks County, Pennsylvania, and from points in said County, to all points in Pennsylvania, and vice versa." Protests were filed by 27 potential competitors.
The Pennsylvania Public Utility Commission (Commission) held four hearings on the application between October 20, 1966, and May 2, 1967. On March 18, 1968, the Commission denied the application for lack of proof of necessity. On April 16, 1968, the applicant filed a petition to reopen requesting a rehearing and additional oral argument. On July 23, 1968, the Commission denied that portion of applicant's petition to reopen requesting a rehearing, but granted the request for additional oral argument. On April 23, 1969, the Commission rescinded its order of July 23, 1968, and granted applicant's petition to reopen. Following the initial rehearing on May 27, 1969, the Commission sent a letter to all counsel which stated, in part:
"One of the major issues in this case concerns prior illegal operations and the bona fides of the applicant in engaging in such activity. The record leaves the Commission in doubt concerning this issue.
"It was the Commission's belief that further hearings should be available to the parties, including the applicant, to present further evidence on the question of bona fides."
The final hearing on the application was held on January 14, 1970. At this hearing, a stipulation of fact was entered into by all counsel that the applicant's intrastate moves within Pennsylvania prior to the date of being fined by the Commission for an illegal move in January, 1966, were in good faith. On April 27, 1970, the Commission rescinded its order of March 18, 1968, and granted limited rights to the applicant ". . . between points in the Borough of Morrisville, Bucks County, and within an airline distance of (10) statute miles of the limits of said Borough."
Appeals were taken to the Superior Court of Pennsylvania by only two of the 27 protestants, the appellants herein. Upon ...