Appeal from the Order of the Pennsylvania Public Utility Commission in case of Application of Ashbourne Transportation, Inc., Docket No. A 99648, F.3, Am-A.
Herbert Somerson, for appellants.
Robert A. Christianson, Assistant Counsel, with him Alfred N. Lowenstein, Deputy Chief Counsel and George M. Kashi, Chief Counsel, for respondent.
Anthony C. Vance, with him Harry F. Goldberg, for Ashbourne Transportation, Inc., intervenor.
Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Wilkinson, Jr. President Judge Bowman did not participate in the decision in this case.
[ 49 Pa. Commw. Page 524]
Protestants (Petitioners) seek review of a final order of the Pennsylvania Public Utility Commission
[ 49 Pa. Commw. Page 525]
(Commission) in which a stipulation offered by Petitioners and Ashbourne Transportation, Inc. (Ashbourne) was rejected, and Petitioners' request that the record be reopened was also denied. We affirm.
For purposes of the present appeal, the facts are not disputed and can be briefly summarized. By virtue of a certificate of public convenience granted by the Commission effective September 27, 1976, Ashbourne was authorized to "transport, as a common carrier, persons*fn1 in the township of Cheltenham, Montgomery County, under contract with said township and with payment by said township or some other municipal, county, state or federal agency or authority" over certain routes. On February 14, 1978, Ashbourne filed an application to amend its certificate of public convenience to allow minor changes in scheduled routes. Duly advertised, the application to amend was challenged by Petitioners, four certificated carriers serving in the area.
Following negotiations, Petitioners agreed to withdraw their protests "provided that the rights requested be amended" to include the following:
At such time as the subsidies cease from either the local, state or federal government so that the service of applicant is no longer funded, applicant will turn his certificate back to the Pennsylvania Public Utility Commission for cancellation, and will not attempt to modify it ...