The Commission has jurisdiction over as defined in “public utilities” Section 102 of the Public Utility Code, 66 Pa.C.S. § 102. The grant of a certificate of public convenience is governed by Section 1103 of the Public Utility Code, which provides certificate of public convenience “A shall be granted by order of the commission, only if the commission shall find or determine that the granting of such a certificate is necessary or proper for the service, accommodation, convenience, or safety of the public. 66 Pa.C.S. § 1103 (a). The standard for determining when a certificate is necessary or proper for the service, accommodation, convenience or safety of the public is within the sound discretion of the Commission. 832 A.2d 428 (Pa. 2003). Elite Industries, Inc. v. Pa. Pub. Util. Comm’n, Section 102 defines a transportation public utility as person or “Any corporation . . . owning or operating in this Commonwealth equipment or facilities for . . . transporting passengers or property as a common 66 Pa.C.S. § 102 carrier.” “Public Utility” (1)(iii). A is a person or corporation or “common carrier” “holding out, offering, undertaking, directly or indirectly, service for compensation to the public for the transportation of passengers . . . 66 Pa.C.S. § 102. .” A carrier by motor is a common carrier which “common vehicle” undertakes the transportation of passengers within the Commonwealth motor vehicle for “by compensation, whether or not the owner or operator of such motor vehicle, or who or which provides or furnishes the motor vehicle, with or without driver, for transportation for use in the transportation of persons . . . 66 Pa.C.S. § 102. .” It is appropriate to consider the transportation service proposed by the Applicant under the experimental service regulation as a motor carrier. Commission’s
The Commission has jurisdiction over “public utilities” as defined in Section 102 of the Public Utility Code, 66 Pa.C.S. § 102. The grant of a certificate of public convenience is governed by Section 1103 of the Public Utility Code, which provides “A certificate of public convenience shall be granted by order of the commission, only if the commission shall find or determine that the granting of such a certificate is necessary or proper for the service, accommodation, convenience, or safety of the public. 66 Pa.C.S. § 1103 (a). The standard for determining when a certificate is necessary or proper for the service, accommodation, convenience or safety of the public is within the sound discretion of the Commission. Elite Industries, Inc. v. Pa. Pub. Util. Comm’n, 832 A.2d 428 (Pa. 2003). Section 102 defines a transportation public utility as “Any person or corporation . . . owning or operating in this Commonwealth equipment or facilities for . . . transporting passengers or property as a common carrier.” 66 Pa.C.S. § 102 “Public Utility” (1)(iii). A “common carrier” is a person or corporation “holding out, offering, or undertaking, directly or indirectly, service for compensation to the public for the transportation of passengers . . . .” 66 Pa.C.S. § 102. A “common carrier by motor vehicle” is a common carrier which undertakes the transportation of passengers within the Commonwealth “by motor vehicle for compensation, whether or not the owner or operator of such motor vehicle, or who or which provides or furnishes the motor vehicle, with or without driver, for transportation for use in the transportation of persons . . . .” 66 Pa.C.S. § 102. It is appropriate to consider the transportation service proposed by the Applicant under the Commission’s experimental service regulation as a motor carrier.
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