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PA Bulletin, Doc. No. 13-2208



Ronald Cab, Inc., t/a Community Cab, et al. v. OGED, Inc.; Doc. Nos. C-2010-2167828 and M-2013-2381012

[43 Pa.B. 6992]
[Saturday, November 23, 2013]

 On July 12, 2013, the Commonwealth Court issued an Opinion and Order remanding the previously-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 (Authority) under the act of July 16, 2004 (P. L. 758, No. 94) (Act 94). Outside Philadelphia, the Commission remains solely responsible for regulating taxicab service.

 The issue on remand involves the effect Act 94 had on OGED, Inc.'s ability to provide taxicab service both within Philadelphia and outside Philadelphia and, inter alia, whether Act 94 bifurcated OGED, Inc.'s original Commission issued certificate of public convenience into two certificates, one issued by the Commission and one by the Authority, whether OGED, Inc. is a medallion company subject only to regulation by the 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, Inc. 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. Individuals have been identified as a carrier that may have an interest in this case.

 Individuals who intend to intervene in this proceeding must file a written Notice of Intervention with the Commission within 30 days of the date of this letter. The Notice of Intervention must be mailed to the Commission at Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265 and contain the individual or the individual's company name, the Commission certificate number along with any medallion numbers, Doc. Nos. C-2010-2167828 and M-2013-2381012, an authorized signature, the name of the individual's attorney, if individuals are a corporation or partnership and dated. Note that the Commission's regulations in 52 Pa. Code §§ 1.21(b) and 1.22 (relating to appearance; and appearance by attorney or certified legal intern) require corporations and partnerships to be represented by counsel in adversarial proceedings. A blank Notice of Intervention form follows for 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.

 Direct questions to John Herzog, Assistant Counsel, Law Bureau, at (717) 787-5000.



Ronald Cab, Inc., t/a Community Cab, :
et al. :
: Docket Nos. C-2010-2167828
:        M-2013-2381012
OGED, Inc. :


 _________________ 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

[Pa.B. Doc. No. 13-2208. Filed for public inspection November 22, 2013, 9:00 a.m.]

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