51 Pa. Commw. 377 | Pa. Commw. Ct. | 1980
Opinion by
Purolator Courier Corporation (petitioner) appeals here from an order of the Pennsylvania Public Utility Commission (PUC) which approved the application of Mail Delivery (applicant) to amend its certificate of public convenience.
An applicant for a certificate of public convenience carries the burden of proving (1) a public need for the proposed service, (2) the inadequacy of the existing service to satisfy the need, and (3) the capacity of the applicant to satisfactorily meet the need.
Applications of L. P. Transportation, Inc., 25 Pa. Commonwealth Ct. 412, 414, 359 A.2d 848, 849 (1976). The petitioner argues here that, as to the territory for which the applicant seeks certification, the applicant has shown neither a public need nor the inadequacy of the existing service.
Regarding need, the applicant presented nine supporting witnesses who testified as to their businesses’ need for the applicant’s services. The witnesses represented a cross-section of business shippers which needed transportation to and from points within the
As to the inadequacy of the existing service, the petitioner asserts a lack of evidence and findings on this issue. We disagree. One witness testified that his business needed 3-to-4-hour service, which the petitioner refused to provide. Another testified that his business desired same-day service rather than the overnight service it is now receiving from another carrier. Still other witnesses testified as to their dissatisfaction with their existing service. Some witnesses also testified that the petitioner had not solicited their companies’ business. Again, we think that the applicant’s evidence of inadequacy was sufficient to meet its burden on that issue. In addition, we note that an order granting a certificate of public conve
We shall, therefore, affirm the order of the PUC.
Order
And Now, this 15th day of May, 1980, the orders of the Pennsylvania Public Utility Commission in the above-captioned matter are hereby affirmed.