Section 29.31. Sale or transfer of certificates

The approval of the Commission is required for the sale or transfer of a certificate, except as otherwise provided in this chapter. The approval may be granted with or without hearing and after reasonable notice as the Commission may direct.

The provisions of this § 29.31 adopted April 15, 1946; amended through February 21, 1966; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (233125).

Notation

Authority

The provisions of this § 29.31 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

Notes of Decisions

Federal Tax Liens

Certificates of public convenience have attributes of pecuniary value and transferability and therefore constitute property or a right to property subject to the Federal tax lien statute, 26 U.S.C.A. § 6321. Loma, Inc. v. Pennsylvania Public Utility Commission, 682 A.2d 424 (Pa. Cmwlth. 1996); appeal denied 698 A.2d 597 (Pa. 1997).

Property

A certificate of public convenience has the attributes of pecuniary value and transferability and therefore constitutes property or a right to property subject to the Federal tax lien statute. Loma, Inc. v. Pennsylvania Public Utility Commission, 682 A.2d 424 (Pa. Cmwlth. 1996).

Unopposed Transfers

The Pennsylvania Public Utility Commission did not abuse its discretion in concluding that an unapproved transfer of assets by a holder of a certificate of public convenience was unlawful and could not provide a reasonable excuse for resulting violations which formed the basis for cancellation of the certificate. Hoskins Taxi Service, Inc. v. Pennsylvania Public Utility Commission, 486 A.2d 1030 (Pa. Cmwlth. 1985).