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DELAWARE VALLEY TRANSPORTATION CO. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (04/24/79)

decided: April 24, 1979.

IN RE: DELAWARE VALLEY TRANSPORTATION CO., T/D/B/A POCONO MOUNTAIN TRAILS, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. IRVING A. KARPE, T/A YELLOW CAB COMPANY, INTERVENOR



Appeal from the Order of the Pennsylvania Public Utility Commission in case of Irving S. Karpe, t/a Yellow Cab Company v. Delaware Valley Transportation, t/a Pocono Mountain Trails, No. C. 22382, entered May 11, 1978.

COUNSEL

Christian V. Graf, Robert H. Nothstein, and Nothstein and Vican, for appellant.

Michael C. Schnierle, Assistant Counsel, Alfred N. Lowenstein, Deputy Chief Counsel, and George Kashi, Acting Chief Counsel, for appellee.

Michael R. Muth, for intervening appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 42 Pa. Commw. Page 222]

This is the appeal of the Delaware Valley Transportation Company from an order of the Pennsylvania Public Utility Commission.

The appellant is the holder of a certificate of public convenience which authorizes it to operate a limousine service on call or demand in and about Carbon, Monroe and Pike Counties. The certificate requires that the service be rendered in "luxury type vehicles" having a seating capacity not exceeding seven passengers. On April 20, 1977, Irving A. Karpe, trading as Yellow Cab Company, filed a complaint with the Public Utility

[ 42 Pa. Commw. Page 223]

Commission, alleging that the appellant had violated its certificate by using standard vehicles, by filing a tariff containing taxi service rates and by soliciting business and advertising as a taxi service. An administrative law judge conducted a hearing and issued an initial decision which the Commission sustained, ordering the appellant to file a proper tariff in conformance with its authority, to cease and desist from using standard four-door sedans, from advertising in the Yellow Pages under the heading of taxicabs, from informing disembarking passengers that Karpe's taxicab service no longer exists and from telling customers that the appellant's rates are lower than Karpe's.

Our scope of review of orders of the Public Utility Commission is limited. Section 1107 of the Public Utility Law, Act of May 28, 1937, P.L. 1053, as amended, 66 P.S. ยง 1437, provides in part:

The order of the Commission shall not be vacated or set aside, either in whole or in part, except for error of law or lack of evidence to support the finding, determination, or order of the ...


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