Appeals from the Order of the Pennsylvania Public Utility Commission in case of In Re: Application of Starr Transit Co., Inc., a corporation of the State of New Jersey, for a Certificate of Public Convenience and Necessity evidencing the Commission's approval of the right and privilege of operating motor vehicles as a common carrier for the transportation of groups and parties of persons and persons on special excursions and tours for sight-seeing trips, as more fully set forth on Exhibit "A" attached hereto, Application No. A. 99602 1976, F.2d, Am-A.
S. Berne Smith, McNees, Wallace & Nurick, for petitioners, Philboro Coach Corp. and Romano's School Bus Service, Inc.
James D. Campbell, Jr., with him Michael C. Fox, Nauman, Smith, Shissler & Hall, for petitioners, Greyhound Lines, Inc.
Morris Gerber, with him John R. Carty, Gerber, Gerber & Shields, for petitioner, Schuylkill Valley Lines, Inc.
David E. Thomas, Erskine and Wolfson, for petitioner, Auch Inter-Borough Transit Co. et al.
Alan R. Squires, Steinberg, Greenstein, Gorelick & Price, for Intervenors Starr Transit Co. et al.
Robert A. Christianson, Assistant Counsel, with him Alfred N. Lowenstein, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondent, Pennsylvania Public Utility Commission.
Judges Craig, MacPhail and Williams, Jr., sitting as a panel of three. Opinion by Judge Craig.
Consolidated before this court are the appeals of the following protestants: Philboro Coach Corp. and Romano School Bus Service, Inc., at No. 2258 C.D. 1979, Greyhound Lines, Inc. at No. 2265 C.D. 1979, Auch Inter-Borough Transit Company at No. 2392 C.D. 1979 and Schuylkill Valley Lines, Inc. at No. 2336 C.D. 1979.
Protestants appeal from an order of the Public Utility Commission (commission) which reversed a decision of an administrative law judge (ALJ) and granted the request of Starr Transit Company (applicant) to amend its common carrier certificate to permit the transportation of groups and parties of persons on special excursions, tours and sight-seeing trips from points in the city and county of Philadelphia, and from points in the counties of Montgomery and Delaware, to points and places in Pennsylvania.
After the filing of applicant's request on May 17, 1976, the commission, in accordance with Section 7 of the Public Utility Commission Law, Act of March 31, 1937, P.L. 160, as amended, formerly 66 P.L. 1075, assigned the case to a hearing examiner who presided over the initial hearings on June 28 and 29, 1976. Because of sudden illness of the original hearing examiner, ...