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BRINK'S INCORPORATED v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (08/23/83)

decided: August 23, 1983.

BRINK'S INCORPORATED, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. MILEY SECURITY TRANSPORT, INC. ET AL., INTERVENORS. PUROLATOR ARMORED, INC., PETITIONER V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. MILEY DETECTIVE AGENCY, INC. ET AL., INTERVENORS



Appeals from the Orders of the Pennsylvania Public Utility Commission in the cases of Application of Miley Detective Agency, Inc., West Point, Montgomery County, for temporary authority to transport, as a contract carrier, currency, coin and valuables from points in Montgomery County, to the Central Penn National Bank, located in the City of Philadelphia, Philadelphia County, from points in the counties of Lehigh, Northampton, Montgomery and Bucks, to the Fidelity Bank, located in the City of Philadelphia, Philadelphia County, No. A-00100010; Application of Miley Detective Agency, Inc., for amendment to permit the transportation, by armored motor vehicles, of currency, coin, jewelry, gems and precious metals, between banks, savings and loan institutions and their customers and customer shipper locations, in the counties of Philadelphia, Chester, Delaware, Lancaster, Berks, Schuylkill, Carbon, Monroe, Lackawanna, Luzerne, Wyoming, Columbia, Montour, Northumberland, Lebanon and Lycoming, No. A-00100010, F.1, Am-A; Application of Miley Security Transport, Inc., for the right to begin to transport, as a contract carrier, by armored motor vehicles, currency, coin, jewelry, gems and precious metals, between banks, savings and loan institutions, and their customers, in the counties of Montgomery, Bucks, Lehigh and Northampton; and currency, coin, jewelry, gems and precious metals, from banks, savings and loan institutions, and their customers, in the counties of Montgomery, Bucks, Lehigh and Northampton to the Federal Reserve Bank of Philadelphia, in the City and County of Philadelphia and vice versa; which is to be a transfer of the contract carrier permit issued at A-00100010 to Miley Detective Agency, Inc., a corporation of the Commonwealth of Pennsylvania, subject to the same limitations and conditions, No. A-00102539.

COUNSEL

Herbert R. Nurick, McNees, Wallace & Nurick, for petitioner, Brink's Inc.

James W. Patterson, with him Larry R. McDowell, Harper & Driver, for petitioner, Purolator Armored, Inc.

Eric A. Rohrbaugh, Assistant Counsel, with him Alfred N. Lowenstein, Deputy Chief Counsel, and Joseph J. Malatesta, Jr., Chief Counsel, for respondent.

Peter Platten, for intervenors.

President Judge Crumlish, Jr. and Judges MacPhail and Doyle, sitting as a panel of three. President Judge Crumlish, Jr. and Judges Rogers, Blatt, Williams, Jr., Craig, MacPhail and Doyle. Opinion by Judge MacPhail.

Author: Macphail

[ 76 Pa. Commw. Page 499]

In these consolidated appeals, Brink's, Incorporated and Purolator Armored, Inc. (Petitioners) challenge an order of the Pennsylvania Public Utility Commission (PUC) which granted temporary contract carrier authority to the Miley Detective Agency, Inc. (Miley) pursuant to Section 2509 of the Public Utility Code (Code), 66 Pa. C.S. § 2509.

In August, 1980, Miley filed an application for permanent authority to operate as a contract carrier by armored motor vehicle in sixteen eastern and central Pennsylvania counties. In March, 1981, Miley filed two additional applications for temporary authority to transport currency, coin and valuables to two specific customers in Philadelphia County from points in four counties not covered by the previously filed application for permanent authority. Petitioners filed protests to each of the applications alleging, inter alia, that Petitioners are contract carriers with authority to perform services within the scope of those sought to be performed by Miley and that an adverse impact on Petitioners' businesses would result if the applications were granted.

Miley subsequently challenged Petitioners' standing to protest its applications. The PUC, in an order entered June 29, 1981, limited Petitioner's standing to the issue of "unfair competition". The Petitioners' appeals to this Court from that order were quashed as being interlocutory.*fn1

On December 10, 1981, the PUC entered an order adopting the bench decision of Administrative Law Judge (ALJ) Pallastrone which granted Miley's two

[ 76 Pa. Commw. Page 500]

    applications for temporary authority and, in addition, granted temporary authority for Miley to operate as a contract carrier in the sixteen county area proposed in its application for permanent authority. The ALJ's bench decision was rendered following oral ...


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