STATEMENTS OF POLICY

Title 52—PUBLIC UTILITIES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

[ 52 PA. CODE CH. 41 ]

[ M-2019-3013158 ]

Rescission of Policy Statement Relating to Transportation of Passengers by Common Carriers in Allegheny County

[50 Pa.B. 1695]
[Saturday, March 21, 2020]

 The Pennsylvania Public Utility Commission, on October 24, 2019, rescinded its statement of policy relating to transportation of passengers by common carriers in Allegheny County because the passage of Act 61 of 2012 had rendered it obsolete.

Public Meeting held
October 24, 2019

Commissioners Present: Gladys Brown Dutrieuille, Chairperson; David W. Sweet, Vice Chairperson; Andrew G. Place; John F. Coleman, Jr.

Rescission of Policy Statement Relating to Transportation of Passengers by Common Carriers in Allegheny County; Doc. No. M-2019-3013158

Final Policy Statement

By the Commission:

 The Public Utility Commission (Commission) is rescinding a statement of policy to remove an obsolete provision from the Pennsylvania Code. By way of background, in 2012, Act 61 was enacted and amended various provisions of the Second Class County Port Authority Act. 55 P.S. §§ 561—563.7. Act 61 provided that the Commission has sole and exclusive jurisdiction over passenger transportation service provided in Allegheny County, other than service operated by or for a statutory Port Authority and non-jurisdictional service as defined in the Public Utility Code. Prior to passage of Act 61, the Commission's jurisdiction over passenger transportation service in Allegheny County was limited to taxicabs, school buses, and limousines. 66 Pa.C.S. §§ 1121—1124; Port Authority of Allegheny County v. Pa. Public Utility Commission, 431 A.2d 243 (Pa. 1981); 52 Pa. Code § 41.13 (see deletions in Annex A).

 The Commission's now-obsolete policy statement at 52 Pa. Code § 41.13 (relating to transportation of passengers by common carriers in Allegheny County—statement of policy) reflects the state of regulation prior to enactment of Act 61. The rescission of this provision will reflect the current state of regulation and eliminate any possible confusion regarding the effect of Act 61 of 2012 on the Commission's jurisdiction over passenger transportation service provided in Allegheny County. See Implementation Order of Act 61, Docket Number M-2012-2318841 (Order entered August 30, 2012); Therefore,

 It Is Ordered:

 1. That the Policy Statement is rescinded, as set forth in Annex A.

 2. That the Law Bureau shall submit this Order and Annex A to the Governor's Budget Office for review of its fiscal impact.

 3. That the Law Bureau shall deposit this Order and Annex A with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin.

 4. That the rescission of the Policy Statement shall become effective upon publication in the Pennsylvania Bulletin.

 5. The Order and Annex A shall be posted and made available electronically on the Commission's website.

 6. That the contact person for this matter is Christian McDewell, Assistant Counsel, Law Bureau, (717) 787-7466, cmcdewell@pa.gov.

ROSEMARY CHIAVETTA, 
Secretary

 Fiscal Note: 57-328. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 52. PUBLIC UTILITIES

PART I. PUBLIC UTILITY COMMISSION

Subpart B. CARRIERS OF PASSENGERS OR PROPERTY

CHAPTER 41. GENERAL ORDERS, POLICY STATEMENT AND GUIDELINES ON TRANSPORTATION UTILITIES

TRANSPORTATION

§ 41.13. (Reserved).

[Pa.B. Doc. No. 20-410. Filed for public inspection March 20, 2020, 9:00 a.m.]

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