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SUN CAB COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (06/26/89)

decided: June 26, 1989.

SUN CAB COMPANY, INC., TIME CAB COMPANY, INC., GOLDEN CAB COMPANY, INC., AND H.E.B. CAB, INC., PETITIONERS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. DMILAR CAB COMPANY AND SAMUEL TSIPENYUK, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. BONNIE CAB CO. AND MARKET CAB CO., PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. GALANT & SONS, INC., AND GALANT CAB CO., PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. GENERAL CAB COMPANY AND RITA CAB CO., PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. G & M CAB CO. AND ISRAIL GLIKMAN, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. GRACE CAB COMPANY AND D & A CAB COMPANY, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. AL-DAVE ENTERPRISES, INC. AND ARKADY DOBROMISLOV, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. ILONA, INC., AND FISHEL, INC., PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. MANDY CAB COMPANY, INC., F-F CAB, INC. AND A-F, CAB CO., INC., PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. LOVADA ENTERPRISES, INC., MARINO, INC., JOSEPH V. MARINO, MICHAEL A. MARINO, JR., AND MICHAEL A. MARINO, SR., PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. KOTLYER & SONS, INC. AND MONA CAB COMPANY, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. CAPITOL CAB COMPANY, I & A CAB COMPANY, ABE TRANSPORTATION CO., ADAM CAB CO., MCPHILLIPS CAB, THOMAS E. STEWART, T/A T.E.S. TAXI, NORTHEAST TAXI CO. OF PHILADELPHIA AND VICI CAB CO., PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. NAD CAB COMPANY AND JOSIF FURMAN, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. MJZ CAB COMPANY AND HMZ COMPANY, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. SANTANDER CAB COMPANY AND BUCAROS CAB COMPANY, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. PHILLY CAB CO., JACOB GABBAY, T/D/B/A AMERICAN CAB COMPANY AND MORRIS GABBAY, T/D/B/A GABBAY TAXICAB CO., PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. S & T CAB CO., INC. AND KFIR CAB COMPANY, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. WALNUT CAB COMPANY, VICI CAB COMPANY, CHESTNUT CAB COMPANY, FOX CHASE CAB, INC., JLA CAB CO., INC. AND ABOB CAB CO., INC., PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. HOWRIC, INC. (A CLOSE CORPORATION), PETITIONER, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. P.P.B. CAB CO. AND CRESCO, INC., T/A CRESCO CAB, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. JENNIFER CAB COMPANY AND SONIA CAB COMPANY, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. FRYDMAN CAB COMPANY, MENACHEM CAB COMPANY, AND K & S CAB COMPANY, PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. AYELET-RACHEL CORP., MORDECAI MATITAHU, AND DORIT CAB CO., PETITIONERS, V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT



PETITION FOR REVIEW (PUBLIC UTILITY COMMISSION).

COUNSEL

John J. Gallagher, with him, Mary C. Kenney, McAllister & Gallagher, P.C., and David Stivison, Philadelphia, for petitioners.

Louis J. Carter, Philadelphia, for Howric, Inc.

Dennis J. Buckley, Asst. Counsel, with him, H. Kirk House, Deputy Chief Counsel and Daniel P. Delaney, Chief Counsel, Harrisburg, for respondent.

Crumlish, Jr., President Judge, and Craig, Doyle, Colins, Palladino, McGinley and Smith, JJ.

Author: Palladino

[ 127 Pa. Commw. Page 273]

Before us are twenty-four consolidated petitions for review.*fn1 In each of the cases, a holder of a Philadelphia taxicab certificate has sought review of an order of the Public Utility Commission (commission) denying a request for reconsideration and rescission of the commission's action.

The commission orders at issue denied reconsideration of commission actions directing various cab companies, individuals and/or businesses (Petitioners) to consolidate taxicab certificates under one corporate or trade name. For example, the facts in No. 1668 C.D.1988 are as follows. Dmilar Cab Company (Dmilar) applied to the commission for a certificate of public convenience to operate a taxicab in Philadelphia. Dmilar is a close corporation, with 60% of its stock owned by Samuel Tsipenyuk and 40% owned by Anna Tsipenyuk, his wife. Samuel Tsipenyuk also holds, individually,

[ 127 Pa. Commw. Page 274]

    another certificate. In response to Dmilar's application, the commission, through the technical review section of its bureau of transportation, sent Dmilar a letter stating as follows:

In reviewing the record in the above captioned application, I note that the applicant is affiliated with another entity holding Philadelphia taxicab authority. The affiliation is set-forth on the attached sheet.

Under the circumstances of this case, the Commission would normally order that an a plication be filed for the consolidation of these certificates. In order to facilitate this application and to eliminate unnecessary paperwork, you may file an affidavit with the Commission requesting the consolidation of the authorities into one specified entity.

In another case, the commission, again through the technical review section of its bureau of transportation, responded to an application for a certificate of public ...


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