PENNSYLVANIA PUBLIC UTILITY COMMISSION
P.O. BOX 3265, HARRISBURG, PA17105-3265 / IN REPLY PLEASE REFER TO OUR FILE
Docket Nos.
C-2010-2167828
M-2013-2381012
1
November 5, 2013
To Whom It May Concern:
Re:Ronald Cab, Inc., t/a Community Cab, et al. v. OGED, Inc.
Docket Nos. C-2010-2167828, M-2013-2381012
On July 12, 2013, the Commonwealth Court issued an Opinion and Order remanding the above-referenced matter to the Pennsylvania Public Utility Commission (Commission) for further proceedings. In accordance with that order, this matter is referred to the Commission’s Office of Administrative Law Judge (OALJ) for appropriate proceedings and issuance of a recommended decision.
OGED Inc., a medallion taxicab company, held rights to serve areas outside Philadelphia in addition to its medallion authority. In 2004, the General Assembly transferred the responsibility for regulating taxicab service in Philadelphia from the Commission to the Philadelphia Parking Authority pursuant to Act 94 of 2004. Outside Philadelphia, the Commission remains solely responsible for regulating taxicab service.
The issue on remand involves the effect Act 94 of 2004 had on OGED Inc.’s ability to provide taxicab service both within Philadelphia and outside Philadelphia and, inter alia,whether Act 94 bifurcated OGED’s original Commission issued certificate of public convenience into two certificates, one issued by the Commission and one by the Parking Authority, whether OGED is a medallion company subject only to regulation by the Parking Authority but with the ability to have a service area outside Philadelphia, and whether a separate or amended certificate of public convenience issued by the Commission is required by medallion taxis to provide service wholly outside of Philadelphia. See:Ronald Cab, Inc. v. Pa. PUC, No. 797 C.D. 2012 (Pa. Cmwlth. 2013).
At the time of enactment of Act 94, extra-Philadelphia rights were associated with 800 medallions,similar to OGED. Since that time, numerous carriers voluntarily discontinued their extra-Philadelphia authority. However, a significant number of carriers remain that may hold both medallion authority as well as authority to provide service outside Philadelphia. Given these carriers’ potential interest in this proceeding, they are being served with this letter and provided the opportunity to intervene in this proceeding. You have been identified as a carrier that may have an interest in this case.
If you intend to intervene in this proceeding, you must file a written Notice ofInterventionwith the Commission within thirty (30) days of the date of this letter. The Notice of Intervention must be mailed to the Commission at the above address and contain your or your company’s name,your PUC certificate number along with any medallion numbers, the Docket Numbers referenced above (C-2010-2167828 and M-2013-2381012), an authorized signature, the name of your attorney, if you are a corporation or partnership, and dated. Please note that the Commission’s regulations at 52 Pa. Code §§ 1.21(b) and 1.22 require corporations and partnerships to be represented by counsel in adversarial proceedings. A blank Notice of Intervention form is enclosed for your convenience.
As noted, this matter is being referred to the OALJ for further proceedings, including development of a complete record to address the issues as outlined in the Commonwealth Court’s opinion. At a minimum, that record shall contain the original certificate of public convenience and any amendments thereto, of OGED, Inc., and any similarly situated carrier that intervenes. Additionally, the record should reflect the details of the exact operations of OGED, Inc., and any similarly situated carrier that intervenes, both before and after enactment of Act 94.
Please direct any questions to John Herzog, Assistant Counsel, Law Bureau, at (717) 7875000.
Sincerely,
Rosemary Chiavetta
Secretary
cc:Philadelphia Parking Authority
Office of Administrative Law Judge
Bureau of Investigation and Enforcement
1
BEFORE THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Ronald Cab, Inc., t/a Community Cab,:
et al.:
:
v.:Docket Nos. C-2010-2167828
: M-2013-2381012
OGED, Inc.:
NOTICE OF INTERVENTION
______hereby intervenes in this matter.
(Name of certificate holder)
My PUC certificate number is ______. I own medallion(s) numbered P-______.
The name and address of my attorney are ______
______
______.
______
(Signature of certificate holder or authorized representative)Date
1