189 Pa. Super. 53 | Pa. Super. Ct. | 1959
Opinion by
Our Public Utility Commission, in the order before us, issued a permit to Pamco Inc., authorizing it: “To transport, as a contract carrier, fats, entrails, bones, animal protein, meat and bone scrap, tankage, bone meal, residue of packing-house offal (semi-processed), dried blood, greases, tallows and processed articles and materials made from the above-described commodities;
Inland Products, Inc., serves butcher shops, hotels, packing houses and supermarkets by picking up animal protein wastes described, as above quoted, in the order. These so-called “green” or raw materials are delivered to terminals at Johnstown, Uniontown and New Brighton in Pennsylvania which serve as collection points. Under its contract Pamco will provide specially built dump trailers with steel partitions, to separate various classes of raw materials, as well as open van trailers for hauling drums of raw fats and the like, and will deliver the raw materials from the collection points, at the terminals, to Inland’s plant in Pittsburgh. Open top, and tank trailers will also be supplied for the delivery of finished animal feed or other products, and tallow, from Inland’s processing plant, to dealers throughout Pennsylvania.
The financial ability and the fitness of Pamco to perform the service have not been questioned. Hauling packing house waste products as a contract carrier, has been its business for fifteen years. In that service elsewhere, it has I.C.C. authority as well as certification
The raw materials, by their very nature, are fertile fields for rampant bacterial growth, and because of the characteristic of fast decomposition, these animal wastes- must be transported with all possible dispatch to. Inland’s rendering plant. Any delay in delivery to the plant, for processing, invites decomposition with the resulting formation of high acids in the protein, which destroys its value for . Inland’s, products, For, this reason Pamco win have a trailer waiting, at each of the terminals at all times, to be picked up by one. of. its tractor^, when loaded. No storage facilities for. raw materials will be available at any of the pick-up terminals; so also Inland will have no means of storing its finished products at its plant. For these rea-:, sons carrier service is Inland’s most insistant demand. Tallow, one of Inland’s important products can be properly transported only in tank trailers equipped with steam coils, to keep the tallow in liquid form. As to this product, Pamco has agreed to have a tank trailer, so equipped, at the plant at all times to receive the tallow as it is run off the cookers; and to transport it to consignees with dispatch on Inland’s orders.
The scope of our review “in these matters is the, same as in cases involving the- necessity for service of
The Commission in disposing of an application for a contract carrier permit, must consider existing common carrier service available to the shipper and, if that service is found to be “satisfactory and adequate”, whether “the interjection of the contract carrier in competition with the satisfactory and adequate common carrier service would be detrimental to the public interest and to the inherent advantages' of common carriage by motor vehicle”: Wiley v. Pa. P. U. C., p. 318, supra. The uncontradicted evidence before the Commission in this case was that the need of Inland Products, Inc., was for complete integrated and flexible service for the transportation of the raw materials to its plant and' for the delivery of its finished products to consignees throughout Pennsylvania. Inland’s plant is operated 24 hours seven days a week, and the carrier service required, must be geared to the continuous operation of the plant. These facts reflected in the findings of the Commission, are important: The over-the-road dump trucks, because of the offensive character of the waste products hauled, cannot he used for
The appellant certified common carriers are able to transport tallow in tank trailers, owned by them, which are properly equipped with steam coils. And they seek to reverse the order of the Commission by their offers to supply transportation of but one of Inland’s products, to-wit: tallow, on the ground that adequate common carrier service is available, although as to one phase of Inland’s needs. This is not enough. Inland requires a complete specialized service which cannot be rendered by existing common carriers. Appellants are unwilling to undertake the transporting of the raw materials from the collection terminals to the processing plant and no other common carrier service is available for this, the least desirable branch of the transportation service which Inland must have.
Since Pamco proposed to provide an integrated specialized service which is not otherwise available we may not set aside the order, since it in other respects, as well, is consistent with the public interest and in accordance with the policy declared in Section 801 of the Public Utility Law, supra. Merchants Par. Del., Inc. v. Pa. P. U. C., 150 Pa. Superior Ct. 120, 28 A. 2d 340. Moreover, the Commission properly held that the injection of the contract carrier service in competition with existing common carriers, as to one narrow phase of the shipper’s requirements, did not affect the result. The Commission has the power to authorize competition where it is necessary to provide adequate service. Noerr Motor Freight Inc. v. Pa. P. U. C., 181 Pa. Superior Ct. 322, 124 A. 2d 393.
Order affirmed at appellants’ costs.