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YELLOW CAB COMPANY PITTSBURGH v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (04/11/80)

decided: April 11, 1980.

YELLOW CAB COMPANY OF PITTSBURGH, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. PEOPLES CAB COMPANY, PETITIONER V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT



Appeals from the Order of the Pennsylvania Public Utility Commission in case of In Re: Application of Radio Cab Company, No. 94012 F. 2.

COUNSEL

James R. Miller, with him, David J. Armstrong, Richard S. Dorfzaun, and Eugene F. Scanlon, Jr., of Dickie, McCamey & Chilcote, for Yellow Cab Company of Pittsburgh, petitioner.

Robert C. VanRavenswaay, General Counsel, for Peoples Cab Company, petitioner.

Eric A. Rohrbaugh, Assistant Counsel with him Alfred N. Lowenstein, Deputy Chief Counsel and George M. Kashi, Chief Counsel, for respondent.

John A. Pillar, of Pillar & Mulroy, for Radio Cab Company, intervenor.

Judges Wilkinson, Jr., Blatt and MacPhail, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 50 Pa. Commw. Page 450]

By application filed before the Pennsylvania Public Utility Commission (Commission), Radio Cab Company (Radio Cab) seeks a license to begin to transport, as a common carrier, persons upon call or demand throughout the City of Pittsburgh. Notice of the application was published in the Pennsylvania Bulletin and in The Pittsburgh Press. The application was opposed by Yellow Cab Company (Yellow Cab), Peoples Cab Company (Peoples Cab), and Colonial Taxi Company. Seven days of hearings on the application were held in Pittsburgh from September 19, 1977 to May 24, 1978 before four different administrative law judges. Administrative Law Judge Michael Nemec conducted the last three hearings and on September 13, 1978 issued an Initial Decision recommending approval of Radio Cab's application. Exceptions to the Initial Decision were filed with the Commission by Yellow Cab and Peoples Cab. On

[ 50 Pa. Commw. Page 451]

February 1, 1979 the Commission remanded the application to the administrative law judge for further hearing regarding the ownership of Radio Cab. A hearing was held in Pittsburgh on March 13, 1979 and Administrative Law Judge Nemec subsequently issued an addendum to his Initial Decision in which he found that Silas Knox and his wife Ollie own all outstanding shares of Radio Cab's stock and again recommended that the Commission grant Radio Cab's application. Exceptions to the addendum were filed by Yellow Cab. By order entered May 22, 1979 the Commission*fn1 accepted the Initial Decision, approved the application, and granted a certificate of public convenience to Radio Cab with the added condition that Radio Cab give priority service to the third and fifth wards (the Hill District) in the City of Pittsburgh. Yellow Cab and Peoples Cab filed separate appeals which are consolidated for review by this Court.

Radio Cab proposes to begin operation with ten new taxicabs and to add additional cabs within one year as warranted by business. Radio Cab's center for operations would be in a building Mr. Knox owns and Mr. Knox stated he would oversee all operations of the taxi business.

Section 1103(a) of the Public Utility Code, 66 Pa. C.S. ยง 1103(a), provides that a "certificate of public convenience shall be granted by order of the commission, only if the commission shall find or determine that the granting of such certificate is necessary or proper for the service, accommodation, convenience, or safety of the ...


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