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ABE R. RADELL v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (05/10/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: May 10, 1983.

ABE R. RADELL, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT

Appeal from the Order of the Pennsylvania Public Utility Commission in case of Pennsylvania Public Utility Commission v. Abe R. Radell, No. A-00098178C812.

COUNSEL

Val Wilson, with him Herbert Somerson, for petitioner.

Mark C. Stephenson, Assistant Counsel, with him Kenneth E. Nicely, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.

Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 74 Pa. Commw. Page 233]

Abe R. Radell, a taxicab owner holding a certificate of public convenience from the Pennsylvania Public Utility Commission, appeals from a PUC order which adopted an administrative law judge's decision to fine Mr. Radell $1,000 for (1) overcharging a customer,*fn1 (2) failing to list the origin and destination times of that fare on a log sheet,*fn2 and (3) failing to maintain his taxicab in a safe, clean, and orderly condition.*fn3

[ 74 Pa. Commw. Page 234]

Mr. Radell does not seriously dispute that substantial evidence supports the findings of fact.*fn4 Rather he contends that the fine imposed is excessive because the manager of the taxicab, M & M Selkow, Inc., rectified the problems by removing the meter mechanism which had been misused to overcharge the passenger and by repairing the vehicle before the PUC instituted its complaint on September 2, 1981.

We have no authority, however, to reduce the fine imposed on Mr. Radell; our scope of review is limited to a determination of whether the PUC has violated constitutional rights, committed an error of law, or failed to support any necessary finding of fact by substantial evidence of record. Manufacturers Association of Erie v. Public Utility Commission, 47 Pa. Commonwealth Ct. 28, 407 A.2d 114 (1979).

Accordingly, we affirm.

Order

Now, May 10, 1983, the order of the Pennsylvania Public Utility Commission entered on March 29, 1982 against Abe R. Radell, A-00098178C812, is affirmed.

Disposition

Affirmed.


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