NOTICES
Tentative Order
[32 Pa.B. 5367] 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 Heritage Hills Associates t/d/b/a Heritage Hills Golf Resort & Conference Center, a limited partnership of the Commonwealth of Pennsylvania, for the right to begin to transport, as a common carrier, by motor vehicle, persons in limousine service, from the facilities of Heritage Hills Golf Resort & Conference Center, located in the City of York, and the Townships of Springettesbury and York, York County, to points in Pennsylvania, and vice versa; Doc. No. A-00119000
Tentative Order By the Commission:
This matter comes before the Commission on an application filed June 6, 2002. Public notice of the application was given in the Pennsylvania Bulletin of June 22, 2002. No protests were filed. The unopposed application is certified to the Commission for its decision without oral hearing.
Discussion and Findings
Heritage Hills Associates (applicant or Heritage Hills) is a limited partnership trading and doing business as Heritage Hills Golf Resort & Conference Center. Heritage Hills has been established for over 5 years as a 104 room resort with two restaurants, catering facility, mini golf, lighted driving range and an 18 hole golf course. Applicant wants to charge its customers for limousine service that either begins or ends at its facility. The limousine business will be located at 2700 Mt. Rose, Avenue, York, York County.
Communications will be by e-mail and a dedicated telephone line for reservations. Drivers will communicate by cell phone. Applicant will commence operations with a 2002 Lincoln sedan. A comprehensive safety and maintenance program will be implemented.
The applicant's balance sheet dated March 19, 2002, shows total current assets of $717,851.92, total assets of $6,589,907.37, total current and long term liabilities of $6,558,647.22, for a total owners equity of $31,260.15.
The application is supported by 11 businesses. Seven of the statements can be given little or no weight as it is impossible to determine if service will originate or terminate at the facilities of Heritage Hills Golf Resort & Conference Center, as required by the requested right.
The support of the following four parties is sufficient to grant the application so limited in scope. That support includes Frito Lay, Inc. for limousine transportation from its York facility to the Heritage Hills location and return; Giant Food Stores requires limousine transportation services from its stores located in York, Altoona, State College, Pottsville, Strasburg, Hazleton, Huntingdon and Indiana to Heritage Hills and vice versa; Brubaker Kitztons, Inc. of Lancaster requires limousine pickup from the Harrisburg International Airport and the Philadelphia International Airport to Heritage Hills and vice versa and Dentsply Professional of York requires limousine transport from the Harrisburg International Airport and the Philadelphia International Airport to Heritage Hills and from Heritage Hills to its facility in York.
After complete review of the record, we find:
1. Applicant seeks the initial right to provide limousine service and the application is unopposed.
2. Eleven businesses support the application; seven of the statements carry little or no weight; the other four statements are sufficient to support the application so limited in scope.
3. Applicant has the equipment, ability and fitness necessary to render the service.
4. The evidence of record is sufficient to establish necessity for the service.
5. Approval of the unopposed application is necessary for the accommodation and convenience of the public; Therefore,
It is Ordered: That the application be and is hereby tentatively approved granting the following right:
To transport, as a common carrier, persons in limousine service, from the facilities of Heritage Hills Golf Resort & Conference Center, located in the City of York, and the Townships of Springettesbury and York, York County, to points in Pennsylvania, and vice versa.
It Is Further Ordered: That the applicant shall not engage in any transportation authorized by this order 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.
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.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 02-1920. Filed for public inspection October 25, 2002, 9:00 a.m.]
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