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PA Bulletin, Doc. No. 98-652

NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Petition of Millersburg Ferry Boat Association for Declaratory Order; Doc. No. P-00981356

[28 Pa.B. 1997]

   Millersburg Ferry Boat Association (Millersburg), by its counsel, has filed a petition requesting a declaratory order that the operation of the ferry does not constitute the provision of common carrier services as defined in section 102 of the Public Utility Code. The petition is docketed at P-00981356.

   According to Millersburg, the ferry does not provide a monopoly service nor does it provide the exclusive means of crossing the Susquehanna River. In this regard, Millersburg asserts that the ferry cannot be seen as a necessity for it is a seasonal venture that does not run on a schedule, but instead runs when there is a sufficient number of visitors to make the running profitable. Millersburg also asserts that the provision of transportation service by the ferry is merely incidental to its primary purpose of providing amusement and a unique historical experience to its passengers. As such, Millersburg concludes that the provision of transportation service by the ferry can be analogized to the provision of horse and carriage service which is not subject to the Pennsylvania Public Utility Commission's (Commission) jurisdiction. 52 Pa. Code § 41.20. In conclusion, Millers- burg avers that the costs and expenses imposed by Commission regulation, both in terms of compliance with Commission regulations and the cost of annual assessments, are a substantial and unnecessary burden upon Millersburg.

   Persons desiring to be heard or to protest this filing should file a petition to intervene and answer with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265 in accordance with 52 Pa. Code § 1.1 et seq. All petitions to intervene and answers should be filed on or before the 20th day following publication of this notice. Copies of the petition are on file with the Commission and are available for public inspection. The contact person is Assistant Counsel Stanley E. Brown at (717) 783-3968.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 98-652. Filed for public inspection April 24, 1998, 9:00 a.m.]


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