NOTICES
Tentative Order
[32 Pa.B. 5378] 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 Williams Moving & Storage, Inc., for the transfer of all of the operating right(s) of B & B Systems, Inc. t/d/b/a Tosh Moving & Storage, Inc., under the certificate issued at A-00105085, F. 2, subject to the same limitations and conditions; Doc. No. A-00119007; F. 2
Wick, Streiff, Meyer, O'Boyle & Szeligo, P.C. by Henry M. Wick, 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 4, 2002. The unopposed application is certified to the Commission for its decision without oral hearing.
Discussion and Findings
Williams Moving & Storage, Inc. (applicant, transferee or Williams) seeks to acquire all the household goods in use rights from B & B Systems, Inc. t/d/b/a Tosh Moving & Storage, Inc. Applicant is currently certificated to transport property, excluding household goods in use, between points in Pennsylvania. Transferee will operate from facilities located at 740 Commonwealth Drive, Warrendale, Butler County. Communications will be by regular telephone. Williams will utilize two straight trucks and two trailers. A comprehensive safety and maintenance program is in effect.
The balance sheet of the transferee as of April 25, 2002, shows current and total assets of $1,000, no liabilities, for total owner's equity of $1,000.
The total consideration for the right(s) is $2,000.
A review of the record before us indicates that the applicant possesses the requisite experience and equipment 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 such 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, household goods, in use:
(1) Between points in the borough of Freedom, Beaver County, and within 40 miles by the usually traveled highways, of the limits of the said borough.
(2) From points in the County of Beaver, to other points in Pennsylvania, and vice versa.
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.A.
It Is Further Ordered: The applicant shall not engage in any transportation granted in this application until the following is submitted to the Commission:
1. 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 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, B & B Systems, Inc. t/d/b/a Tosh Moving & Storage, Inc. at A-00105085, F. 2 be canceled and the record be marked ''closed.''
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 02-1931. Filed for public inspection October 25, 2002, 9:00 a.m.]
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