NOTICES
Tentative Order
[32 Pa.B. 5366] Public Meeting held
October 10, 2002Commissioners Present: Glen R. Thomas, Chairperson, statement follows; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick, statement dissenting in part follows; Kim Pizzingrilli
Application of Glen & Gwen Transportation, Inc. t/d/b/a A. J. Taxi, for the transfer of all of the operating right(s) of Gerald E. Sands t/d/b/a Gerald E. Sands Bus Lines, under the certificate issued at A-00110392, F. 1, subject to the same limitations and conditions; Doc. No. A-00118924; F.2
John R. Morgan by George P. Skumanick, Jr. for the applicant.
Tentative Order By the Commission:
This matter comes before the Commission on an application filed May 24, 2002. Public notice of the application was given in the Pennsylvania Bulletin of August 3, 2002. The unopposed application is certified to the Commission for its decision without oral hearing.
Discussion and Findings
Glen & Gwen Transportation, Inc. t/d/b/a A. J. Taxi (applicant or Glen & Gwen) seeks to acquire all the paratransit right held by Gerald E. Sands t/d/b/a Gerald E. Sands Bus Lines. The owners of applicant, Glen D. Wilcox and Gwen E. Wilcox, have worked for the transferor for the past 4 years learning the business. Applicant will conduct operations from 296 SR 1002, Tunkhannock, Wyoming County. Communications will be by regular telephone service. Glen & Gwen will commence operations using four Chevrolet Lumina sedans. A comprehensive safety and maintenance program is in effect.
Glen & Gwen have also filed a transfer application to acquire the call or demand rights of transferor and that application is pending approved.
The balance sheet of applicant as of September 30, 2001, shows total current assets of $4,360, total assets of $79,360, total liabilities of $74,801 and total stockholders' equity of $4,559.
The total consideration for the right(s) and other assets, including real estate and equipment is $25,000.
A review of the record before us indicates that the applicant possesses the requisite experience, equipment and financial capacity to provide the proposed service.
The authority to be transferred has been operated by the transferor, therefore, it is presumed that there is a continuing need, which may be overcome only by evidence to the contrary. In re: Byerly, 440 Pa. 521 (1970); Hostetter v. Pa. P.U.C., 160 Super. Ct. 94 (1947). Since the record is void of any evidence, this presumption of continuing public need applies in this transfer proceeding.
We find:
1. The applicant is fit, willing and able to provide the service proposed.
2. Transfer of the authority is in the public interest and is necessary for the continued accommodation and convenience of the public; Therefore,
It Is Ordered: That the transfer application be and is hereby tentatively approved granting the following right(s):
To transport, as a common carrier, persons in paratransit service, from points in Wyoming County, to the Single Point of Contact Learning Center, located in Elk Lake, Dimock Township, Susquehanna County, and return.
Subject to the following general conditions:
1. That the operating authority granted herein, or now held, or subsequently granted to the applicant to the extent that it is duplicative, shall not be construed as conferring more than one operating right.
2. That the approval hereby given is not to be understood as committing the Commission, in any proceedings that may be brought before it for any purpose, to fix a valuation on the property and/or right(s) to be acquired by applicant from the present certificate holder equal to the consideration to be paid therefor, or equal to any value that may be placed thereon by applicant, or to approve or prescribe rates sufficient to yield a return thereon.
3. That the certificate holder shall not transfer, sell or in any way convey any of its outstanding capital stock to any individual, partnership, corporation or any other entity, without the prior filing of an application and approval thereof by the Commission under section 1102(a)(3) of 66 Pa.C.S.
It Is Further Ordered: That the applicant shall not engage in any transportation granted in this application until the following is submitted to the Commission:
1. Form E, as evidence of Bodily Injury and Property Damage Liability Insurance.
2. A tariff establishing just and reasonable rates.
3. The transferors assessment in the amount of $276 for 2001 operating revenue.
4. Proof of registration of fictitious name.
It Is Further Ordered: That a copy of this Tentative Order be published in the Pennsylvania Bulletin giving the public 10 days from the date of publication to file written comments or request oral hearing.
It Is Further Ordered: That absent the filing of adverse public comment or request for oral hearing within 10 days from the date of publication, the Tentative Order shall become final without further Commission action.
It Is Further Ordered: That upon the Tentative Order becoming final and upon compliance with the requirements herein before set forth, a certificate shall issue evidencing the Commission's approval of the right to operate as above determined.
It Is Further Ordered: That the authority granted herein, to the extent that it duplicates authority now held by or subsequently granted to the applicant, shall not be construed as conferring more than one operating right.
It Is Further Ordered: That in the event said applicant has not, on or before 60 days from the date that the Tentative Order becomes final, complied with the requirements herein before set forth, the application shall be dismissed without further proceedings.
It Is Further Ordered: That upon compliance with this tentative order, the right(s) granted the transferor, Gerald E. Sands t/d/b/a Gerald E. Sands Bus Lines at A-00110392, F. 1, be canceled and the record be marked ''closed.''
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 02-1919. Filed for public inspection October 25, 2002, 9:00 a.m.]
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