Nos. 81-3-385 & 81-3-387, Consolidated appeals from the Order of the Commonwealth Court of Pennsylvania, at No. 1612 C.D. 1979, entered November 6, 1980, reversing the Order of the Pennsylvania Public Utility Commission at Application Docket No. A.99633, Folder 2, entered July 2, 1979.
Eric A. Rohrbaugh, Harrisburg, for appellant in No. 385 and 387.
William M. Barnes, George P. Williams, III, Philadelphia, for appellant in No. 387.
Herbert R. Nurick, Harrisburg, for Brinks, Inc. in Nos. 385, 387.
William M. Barnes, Philadelphia, for Brooks Armored Car Serv. in No. 385.
O'Brien, C.j., and Roberts, Nix, Larsen, Flaherty, McDermott and Hutchinson, JJ. Former Chief Justice O'Brien did not participate in the decision of this case.
This is an appeal by the Public Utility Commission and Brooks Armored Car Service, Inc., from an order of the Commonwealth Court reversing an order of the Commission which extended Brooks' authority to perform the services of a contract carrier between points in various named Pennsylvania counties. We conclude that the record adequately supports the Commission's determination that Brooks is fit,
willing, and able to perform the authorized services. Hence we reverse the order of the Commonwealth Court and reinstate the order of the Commission.
This action began on March 29, 1976, when Brooks, a Delaware corporation, filed an application with the Commission seeking a permit authorizing it "[t]o transport, as a contract carrier, by motor vehicle, coin, currency, precious metals, negotiable and non-negotiable instruments, and other items of unusual value for Continental Bank, Federal Reserve Bank of Philadelphia, Fidelity Bank and Philadelphia National Bank," between points in the forty-four counties in Pennsylvania which comprise the Third Federal Reserve District.*fn1 By this application Brooks sought to augment an application filed on January 20, 1976, in which Brooks had sought to operate an armored car service for Provident National and Girard Banks between points in the counties of Philadelphia, Delaware, Chester, Montgomery, Bucks, Berks, Lehigh and Northampton. That application was granted by the Commission on April 20, 1978.
Protests to Brooks' application were filed by Brinks, Inc., Purolator Courier Corp., and Purolator Security, Inc. The protests were based on the activities of an affiliate of Brooks, WFB, Inc., a company owned by William F. Brooks, Sr., who also owns 85% of Brooks. In 1974, WFB obtained a P.U.C. permit authorizing it "[t]o transport, as a class B carrier, property between various points in the City and County of Philadelphia." Pursuant to this authority, WFB began operating an armored car service, transporting monies, securities, and other valuables between points in Philadelphia. On ...