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FEDERAL RESERVE BANK PHILADELPHIA v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (10/22/74)

decided: October 22, 1974.

FEDERAL RESERVE BANK OF PHILADELPHIA, CENTRAL PENN NATIONAL BANK, PROVIDENT NATIONAL BANK, FIRST PENNSYLVANIA BANKING AND TRUST COMPANY, THE FIDELITY BANK, GIRARD TRUST BANK, MELLON NATIONAL BANK AND TRUST COMPANY, AND THE PHILADELPHIA NATIONAL BANK, APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, APPELLEE, AND PUROLATOR COURIER CORP. AND PROTECTIVE MOTOR SERVICE COMPANY, INTERVENING APPELLEES



Appeal from the Order of the Pennsylvania Public Utility Commission in cases of In Re: Application of American Courier Corporation for a certificate of public convenience evidencing the Commission's approval of the right and privilege of operating motor vehicles as a common carrier for the transportation of property, No. A.80419, Folder No. F.2, and In Re: Application of Protective Motor Service Company for a certificate of public convenience evidencing the Commission's approval of the right and privilege of operating motor vehicles as a common carrier for the transportation of property, No. A 26177, Folder No. F.3.

COUNSEL

James H. McConomy, with him Andrew N. Farley, Eric P. Reif, Reed, Smith, Shaw & McClay, and Hiliary H. Holloway, of counsel, for appellants.

Robert J. Mulligan, Jr., Assistant Counsel, with him Alfred N. Lowenstein, Assistant Counsel, and Edward Munce, Acting Counsel, for appellee.

V. Baker Smith, with him James W. Patterson, and Morgan, Lewis & Bockius, of counsel, for intervening appellees.

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

Author: Mencer

[ 15 Pa. Commw. Page 361]

This appeal is by intervenors from an order of the Public Utility Commission (Commission) granting two

[ 15 Pa. Commw. Page 362]

    applications requesting conversions of contract carrier authority to that of a Class D common carrier.

On October 22, 1969, American Courier Corporation (American)*fn1 filed an application with the Commission which sought to convert all of American's contract carrier authority to that of a Class D common carrier. On October 9, 1970, Protective Motor Service Company (Protective) filed a similar application seeking the same conversion of authority.

A consolidated hearing on both applications was held on December 7, 1970. All of applicants' witnesses testified at this hearing. No protests were filed to either application until February 4, 1971, when the Federal Reserve Bank of Philadelphia petitioned to intervene in the proceedings pertaining to both applications. Like petitions to intervene were filed with the Commission by The Philadelphia National Bank (April 14, 1971), The Fidelity Bank (April 16, 1971), Girard Trust Bank (April 27, 1971), Mellon National Bank and Trust Company (April 28, 1971), and Central Penn National Bank (May 14, 1971). The petitions to intervene were granted by the Commission, and all of the aforementioned banks (intervenors) participated in the subsequent hearings held on May 19, 1972 and September 13 and 14, 1972. The intervenors and other members of the banking industry are substantial users of the services offered by American and Protective.

A stipulation was presented to the Commission on September 20, 1971. This stipulation was prepared and signed by the applicants, American and Protective, and by four of the intervenors; namely, the Federal Reserve Bank of Philadelphia, Mellon National Bank and ...


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