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PA Bulletin, Doc. No. 02-2040


Tentative Order Statement

[32 Pa.B. 5609]

Application of Nicholas
Moving & Storage, Inc.,
Slippery Rock, Butler
County, for the transfer of
all of the authority of O.H.
Nicholas Transfer &
Storage Co., authorized under
the certificate issued at
A-00090110, F. 2, et al.
Public Meeting October 24, 2002
A-00119122, F. 2
OCT-2002- FUS-0862*

Statement of Commissioner Terrance J. Fitzpatrick

Concurring in Part and Dissenting in Part

   The above-referenced matters all involve unprotested applications for certificates of public convenience pursuant to § 1103 of the Public Utility Code, 66 Pa. C.S. § 1103. I agree with the actions of the majority on these matters to the extent that they grant the Applications, but I do not agree with these actions to the extent that:

   1)  the decisions are made via Tentative Orders, rather than Final Orders;

   2)  the Tentative Orders will be published in the Pennsylvania Bulletin; and

   3)  the public is given an additional ten-day period to file written comments or to request an ''oral hearing.''

   I respectfully dissent, in part, since I believe the Commission is not legally compelled to initiate generic changes to its procedures during the period that the Chester Water Authority1 case remains before the appellate courts of Pennsylvania. Prior to an ultimate resolution of this case in the appellate courts, it is unnecessary and impractical to change these procedures. Alternatively, even assuming the Commission has a legal duty to make sweeping changes to its procedures based on the Chester Water Authority decision, the changes being implemented here do not follow that decision. This reasoning is explained more fully in my Statement of October 10, 2002, at OCT-2002-TSM-0146* 2nd REV, et al.


[Pa.B. Doc. No. 02-2040. Filed for public inspection November 8, 2002, 9:00 a.m.]


1  Chester Water Authority v. PA Public Utility Commission, 2967 C.D. 2001, Opinion and Order filed September 18, 2002.

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