PENNSYLVANIA PUBLIC UTILITY COMMISSION Final Order [32 Pa.B. 5820] Public Meeting held
November 7, 2002Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick; Kim Pizzingrilli
Petition for Relief; Alexa Cab Co. and Pars Transport, Inc.; Doc. No. P-00021959 Issuance of Additional Certificates of Public Convenience and Medallions; Doc. No. M-00991301 Final Order By the Commission:
On August 8, 2002, we adopted a Tentative Order which granted the Petition for Relief filed by Alexa Cab Co. (Alexa) and Pars Transport, Inc. (Pars). The Tentative Order eliminated the A-title vehicle requirement attendant to certificates and medallions issued pursuant to a 1999 Order authorizing the sale of additional medallions. See Issuance of Additional Certificates of Public Convenience and Medallions, Docket No. M-00991301. In our Tentative Order, we found that the A-title requirement established by the 1999 Order was not a perpetual titling requirement. We based this determination on several factors, including (1) the purpose of the issuance of the additional medallions, to create an immediate influx of new vehicles into the Philadelphia market, had been achieved; (2) a perpetual A-title requirement created a two-tiered regulatory environment which posed enforcement problems; (3) the 1999 Order may have been interpreted as not mandating a perpetual A-title requirement; and (4) the continuation of the A-title requirement was unnecessary to ensure the quality of the vehicles operated as medallion taxicabs, given the ongoing regulatory oversight of the industry. On September 7, 2002, the Tentative Order was published in the Pennsylvania Bulletin for comment. 32 Pa.B. 4415.
Two joint comments to the Tentative Order were filed.1 These joint comments both allege that the perpetual A-title requirement was a condition known to all prior to the bidding process and was ''part of the deal.'' Contrary to the commentator's position, we believe that a reasonable interpretation of the 1999 Order is that it does not mandate a perpetual A-title requirement. We discussed this issue in our Tentative Order (p. 3) and are not persuaded to change our position. Further, in the Tentative Order we set forth additional reasons, cited herein, why the perpetual A-title requirement should be eliminated. None of those reasons are challenged by the commentators.
While we appreciate the commentator's concerns, we are not persuaded that our Tentative Order was erroneous. Therefore, we will make that Order final.
Therefore, It Is Ordered:
1. The Tentative Order, adopted August 8, 2002, is made Final.
2. In accordance with 66 Pa.C.S. § 703(g), the Commission's Opinion and Order entered on October 18, 1999 at Docket No. M-00991301 is amended to eliminate the following words from the partial sentence at the top of page four: ''. . . or which is not an A-titled vehicle, or the equivalent.''
3. The perpetual A-title requirement upon medallions and certificates issued pursuant to the Commission's Opinion and Order entered on October 18, 1999 at Docket No. M-00991301 is eliminated.
4. A copy of this Order shall be served on all parties and commentators and published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 02-2116. Filed for public inspection November 22, 2002, 9:00 a.m.] _______
1 The joint comments were filed by Wowo Trans. Inc., Movo. Inc., Zari Cab Co., Bethran Mbagwu, B.H. Mariko, Inc., Shawn Limo, Inc., Ali Sajad, Inc., and Bala Cab Co.. Of these commentators, only B.H. Mariko, Inc. and Shawn Limo, Inc. (by its president) signed the comments. The remaining ''commentators'' are simply listed on the comment.
