Delegation of Authority Regarding Uncontested Motor Carrier Applications [44 Pa.B. 6735]
[Saturday, October 18, 2014]Public Meeting held
October 2, 2014Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson; James H. Cawley; Pamela A. Witmer; Gladys M. Brown
Delegation of Authority Regarding Uncontested Motor Carrier Applications; Doc. No. M-2014-2442321 Opinion and Order By the Commission
In order to deal efficiently with the numerous routine and non-controversial matters that require agency approval, the Pennsylvania Public Utility Commission (Commission) has explicitly delegated its approval authority as to certain matters that are deemed to be routine, ministerial and non-policy making in nature to certain Bureau Directors. By this Order, the Commission is delegating authority to the Bureau of Technical Utility Services' Motor Carrier Compliance Office (Motor Carrier Compliance Office) to approve or disapprove uncontested motor carrier applications to furnish service. In lieu of action at public meeting, the approval or disapproval of these applications will be addressed by Secretarial Letter.
Discussion
Consistent with the Commission's prior delegations of authority, items which are clearly policymaking, rulemaking or adjudicative in nature are not appropriate for delegation to Commission staff and will, accordingly, be reviewed by the Commission and resolved at public meeting. Policymaking, rulemaking and adjudication decisions determine the direction of the agency on key issues and determine the rights and obligations of persons subject to the Commission's jurisdiction. These represent the core functions of the Commission as an administrative agency, and they should remain with the Commission.
On the other hand, items which are routine, ministerial and non-policymaking in nature are candidates for delegation to Commission staff. Pursuant to the Commission's regulations, motor carriers desiring to furnish service must file an application with the Commission. See 52 Pa. Code § 3.381. Currently, these applications to furnish motor carrier service are reviewed by the Motor Carrier Compliance Office and approved or disapproved by the Commission at public meeting.
Because the approval or disapproval of uncontested applications1 to furnish motor carrier service is routine and ministerial in nature, the Commission desires to delegate authority to approve or disapprove such applications to the Motor Carrier Compliance Office. Therefore, by this Order, the Motor Carrier Compliance Office is hereby given authority to approve or disapprove uncontested motor carrier applications filed pursuant to 52 Pa. Code § 3.381. To carry out this authority, the Motor Carrier Compliance Office will continue to publish a notice of all applications to furnish motor carrier service in the Pennsylvania Bulletin to allow interested parties to comment as necessary. Based upon their review, uncontested applications to furnish motor carrier service will then be approved or disapproved by the Motor Carrier Compliance Office via Secretarial Letter. That Secretarial Letter will then be forwarded to the Commission's Secretary's Bureau for formal issuance in lieu of public meeting action. As a result, this practice will reduce the current processing time for such applications. The Secretarial letter will have the same authority as a Commission order. See West Penn Power Co. v. Pa. P.U.C., 174 Pa. Super. 123, 100 A.2d 110 (1954).
Under this new procedure, due process controls will be maintained. An affected party may appeal the staff action (the approval or disapproval of the uncontested application) to the full Commission by filing a petition for appeal from actions of staff pursuant to 52 Pa. Code § 5.44 within 20 days after service of notice of the action. In addition, any action taken by staff under this delegated authority, including the issuance of the Secretarial Letter, shall provide notice of the parties' right to appeal the action, pursuant to 52 Pa. Code § 5.44(b).
Furthermore, the Motor Carrier Compliance Office will continue to exercise discretion and good judgment in determining whether an uncontested application to furnish motor carrier service should nevertheless be placed on the public meeting agenda. In certain situations, even a routine matter may be significant and require a Commissioner-level determination. When this occurs, the Bureau Director should place the item on the public meeting agenda for full Commission review. The calendar sheet of the public meeting agenda item will explain the circumstances regarding the application that is not ''routine.''
The Motor Carrier Compliance Office is encouraged to establish guidelines delineating the aforementioned situations when an otherwise routine uncontested application will be placed on the public meeting agenda. The Law Bureau will also update the Commission's Rules of Practice and Procedures Manual where necessary to reflect the delegation of authority set forth in this Order. Additionally, a copy of this Order will be published in the Pennsylvania Bulletin and posted on the Commission's website at www.puc.pa.gov.
Conclusion
The delegation of authority to the Motor Carrier Compliance Office to approve or disapprove uncontested motor carrier applications will allow the Commission to more efficiently deal with these numerous routine and non-controversial applications by reducing the current processing time for these matters. Additionally, the procedures established in this Order will allow the Commission to maintain proper due process controls on the application approval process; Therefore,
It Is Ordered:
1. That the Motor Carrier Compliance Office is hereby given authority to approve or disapprove uncontested motor carrier applications to furnish service filed pursuant to 52 Pa. Code § 3.381.
2. That the Motor Carrier Compliance Office shall prepare a Secretarial Letter determining whether a motor carrier's uncontested application to furnish service is approved.
3. Once the Motor Carrier Compliance Office has prepared a Secretarial Letter determining whether a motor carrier's uncontested application to furnish service has been approved, that Office shall then forward that Secretarial Letter to the Commission's Secretary's Bureau for formal issuance.
4. That the Law Bureau shall update the Commission's Rules of Practice and Procedures Manual where necessary to reflect the delegation of authority granted by this Order.
5. That a copy of this Order shall be published in the Pennsylvania Bulletin and posted on the Commission's website at www.puc.pa.gov.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 14-2169. Filed for public inspection October 17, 2014, 9:00 a.m.] _______
1 An ''uncontested application'' means an application in which a protest or a petition or notice to intervene in opposition to the requested Commission approval has not been filed. See generally, 66 Pa.C.S. § 334(c) (relating to ex parte communications).
