NOTICES
Tentative Order
[32 Pa.B. 5370] 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 McNaughton Latrobe Moving, Inc. (applied as Mark S. Williams and has since incorporated) for the transfer of all of the operating right(s) of Latrobe Moving and Storage Company, under the certificate issued at A-00116154, F. 1, subject to the same limitations and conditions; Doc. No. A-00119133
Vuono & Gray, LLC by William A. Gray for the applicant
Tentative Order By the Commission:
This matter comes before the Commission on an application filed May 6, 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
Mark S. Williams originally applied as an individual. He incorporated under the name of McNaughton Latrobe Moving, Inc. Williams states there has been no change of ownership or control of the business and that he is the sole officer, director and shareholder of the corporation. Williams has requested that the authority to issue be in the corporate name so that double filings do not have to be made regarding insurance and tariff. Since there is no change of ownership or control, this request will be accommodated herein.
McNaughton Latrobe Moving, Inc. (applicant, transferee or McNaughton) seeks the initial right to operate as a common carrier by acquiring the business of Latrobe Moving and Storage Company. Applicant will operate from transferor's facility located at 40 West Monroe Street, Latrobe, Westmoreland County. Vehicles operated by McNaughton will be stored, dispatched and repaired at this facility. The facility consists of office space and warehouse space and there is parking space indoors for both of applicant's vehicles. Customer communications will be by regular telephone service; driver contact will be through the use of cell phones.
Applicant will commence operations utilizing a 1988 Ford 600 18' straight truck and a 1994 Ford 600 22' straight truck that it will purchase from the transferor. A comprehensive safety and maintenance program will be implemented. Applicant's' experience is that he has been involved in the household goods transportation business for approximately 25 years and is presently employed by McNaughton Bros., Inc.
The balance sheet of the applicant as of April 28, 2002, shows total current assets of $4,000, total assets of $251,000, total liabilities of $168,700 and a net worth of $82,300.
The total consideration for the right(s) is $5,000.
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:
(1) Household goods, in use, between points in the Borough of Latrobe, Westmoreland County, and within 3 miles by the usually traveled highways of the limits of said borough;
(2) Household goods, in use, from points in the Borough of Latrobe, Westmoreland County, and within 3 miles by the usually traveled highways of the limits of said Borough, to other points within 15 miles by the usually traveled highways of the limits of said borough, and vice versa;
(3) Household goods, in use, between points in the Boroughs of Latrobe, Derry, Ligonier and Youngstown, and the Townships of Mt. Pleasant, Unity, Ligonier, Derry and Cook, Westmoreland County;
(4) Household goods, in use, from points in the Boroughs of Latrobe, Derry, Ligonier and Youngstown, and the Townships of Mt. Pleasant, Unity, Ligonier, Derry and Cook, Westmoreland County, to other points in Pennsylvania, and vice versa; and
(5) Property, excluding household goods in use, between points in Pennsylvania.
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. Form H, as evidence of cargo liability insurance.
3. A tariff establishing just and reasonable rates.
4. The transferor's assessment in the amount of $214 for 2001 operating revenue.
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 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 you must demonstrate safety fitness by completing a Safety Fitness Review. You will be contacted by the Commission's Bureau of Transportation and Safety, which will schedule a review to be completed within 180 days of the date your certificate is issued. Failure to submit to a Safety Fitness Review or to attain a satisfactory evaluation may result in cancellation of the certificate.
It Is Further Ordered: That upon compliance with this tentative order, the right(s) granted the transferor, Latrobe Moving and Storage Company at A-00116154, F. 1 be canceled and the record be marked ''closed.''
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 02-1923. Filed for public inspection October 25, 2002, 9:00 a.m.]
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