[32 Pa.B. 5607]
Public Meeting held
October 24, 2002
Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick, Statement concurring and dissenting in part following; Kim Pizzingrilli
Application of Safecare Ambulance Services, Inc., t/d/b/a Network Ambulance Services, a corporation of the state of New Jersey, for the transfer of all of the operating rights of Genesis Eldercare Transportation Services, Inc., authorized under the certificate issue at A-00104962, F.2, subject to the same limitations and conditions; Doc. No. A-00119122; F.2
By the Commission:
This matter comes before the Commission on an application filed April 25, 2002. Public notice of the application was given in the Pennsylvania Bulletin of August 10, 2002. No protests were filed. The unopposed application is certified to the Commission for its decision without oral hearing.
Discussion and Findings
The applicant is seeking the grant of authority to transport persons in paratransit service, through a transfer of that authority from Genesis Eldercare Transportation Services, Inc., which is currently certified to provide that service.
The transferor has stated it no longer desires to provide the service and is selling the intrastate operating authority for $20,000.
Dean A. Bollendorf, president and joint owner of Safecare Ambulance Services, Inc., t/d/b/a Network Ambulance Services (Safecare or applicant) has over 20 years experience in the paratransit business. He was the president of Genesis Eldercare Transportation Services, Inc. (Transferor). Mr. Bollendorf is familiar with all aspects of providing paratransit service.
The drivers will be either certified as Emergency Medical Technicians or have received paramedic training and licensing. All vehicles will undergo an inspection every 3,000 miles. Lift vans, passenger vans and medical sedans will be used to provide the proposed service.
Applicant has provided a financial statement dated March 7, 2002, reporting current assets of $575,050, long-term assets of $2,226,000, current liabilities of $609,531, and long-term liabilities of $2,191,469, leaving equity of $50.
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 evidence, this presumption of continuing public need applies in this transfer proceeding.
After complete review of the record, we find:
1. The applicant has the experience and fitness to provide the proposed service.
2. Approval of the unopposed application for transfer of the authority is necessary for the continued accommodation and convenience of the public; Therefore,
It Is Ordered: That the application, be and is hereby tentatively approved granting the following rights:
1. To transport as a common carrier, persons in paratransit service, from their home or place of business in the Counties of Philadelphia and Delaware, to medical facilities in said counties and return; subject to the following restriction: provided that no right, power or privilege is granted to provide service to or from the facilities of the Saint Joseph's Hospital at 16th Street and Girard Avenue, Philadelphia, PA; and
2. To transport as a common carrier, persons in paratransit service, between points in the City and County of Philadelphia, and from points in said city and county, to points in that part of Pennsylvania in and east of the Counties of Adams, Cumberland, Perry, Juniata, Mifflin, Union, Lycoming and Tioga, and vice versa: subject to the following condition: That no right, power or privilege is granted to applicant to provide service either to or from the Philadelphia International Airport, in the city and County of Philadelphia, and the Township of Tinicum, Delaware County;
Subject to the following general conditions:
1. That the authority granted herein to the extent that it duplicates authority now held or subsequently granted to the applicant 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 proceeding that may be brought before it for any purpose to fix a valuation on the property and/or rights 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 the applicant, or to approve or prescribe rates sufficient to yield a return thereon.
3. That the certificate holder shall not transfer, sell or in anyway 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 Title 66 Pa.C.S.
It Is Further Ordered: That the applicant shall not provide any service granted in this order until the following is submitted to the Commission:
1. Form E evidence of Bodily Injury and Property Damage Liability Insurance.
2. 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 hereinbefore set forth, the application shall be dismissed without further proceedings.
It Is Further Ordered: That upon compliance with the requirements of this order, the authority granted to Genesis Eldercare Transportation, Inc., under the certificate issued at A-00104964, F.2 shall be canceled and the record be marked closed.
JAMES J. MCNULTY,
[Pa.B. Doc. No. 02-2038. Filed for public inspection November 8, 2002, 9:00 a.m.]
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