Summary
In Al Zeffiro Transfer and Storage Company v. P. U. C., 195 Pa. Super. 214, 171 A.2d 800 (1961), the appeals were quashed because the appellants were not parties to the proceedings before the Commission.
Summary of this case from Pittsburg v. P.U.C. and Duquesne L. Co.Opinion
April 13, 1961.
June 15, 1961.
Public Utilities — Appeals — Requirements — Necessity of being party to proceedings and affected thereby — Refusal of petition for rescission of commission's order — Order terminating inquiry by commission of its own motion — Notice of proceedings — Public Utility Law.
1. Under Article XI, § 1101 of the Public Utility Law of May 28, 1937, P.L. 1053, the right to appeal requires that an appellant be (1) a party to the proceedings and (2) affected thereby.
2. The right to appeal is purely statutory and may not be enlarged either by the commission or by the appellate court.
3. Where it appeared that the commission, after having instituted an inquiry and investigation on its own motion to determine whether or not a carrier might lawfully transport certain articles under its certificated authority, found that the carrier had the requisite authority and therefore ordered that its inquiry and investigation be terminated and the record closed; that subsequently appellants filed their petitions for the rescission of the commission's order and sought to intervene and asked for a reopening of the commission's order and an oral hearing thereon, which petitions were denied by the commission; and that following the appeals the carrier was permitted to intervene and it filed a motion to quash the appeals; it was Held that appellants had failed to qualify as proper parties appellant and that the appeals should be quashed.
4. It was Held that appellants could not become parties to the proceeding as a matter of law because they were affected by the commission's order denying their petition for a rescission of its prior order terminating the inquiry.
5. Appellants' contention that they should have been given public notice of the proceedings instituted by the commission in the instant case was Held to be without merit.
6. The Public Utility Law does not require public notice under § 1001, which relates to complaint proceedings, or § 1008, which relates to investigations instituted on the commission's own motion.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeals, Nos. 122 to 129, inclusive, April T., 1961, from order of Pennsylvania Public Utility Commission, Investigation Docket No. 40, in case of Al Zeffiro Transfer and Storage Co. et al. v. Pennsylvania Public Utility Commission et al. Appeals quashed.
Proceeding upon inquiry and investigation by commisssion on its own motion to determine whether or not a carrier might lawfully transport certain articles under its certificated authority.
Order entered terminating inquiry and investigation; petitions by other carriers for rescission of commission's order, to intervene, for re-opening of the order and an oral hearing denied. Petitioners appealed.
John A. Vuono, with him Henry M. Wick, Jr., and Delisi and Wick, for appellants.
Daniel F. Joella, Assistant Counsel, and Joseph I. Lewis, Counsel, for Pennsylvania Public Utility Commission, appellee.
Charles E. Thomas, Lloyd S. Benjamin, and Hull, Leiby Metzger, for intervening appellee.
Argued April 13, 1961.
On March 26, 1957 the Pennsylvania Public Utility Commission instituted an inquiry and investigation on its own motion, under the provisions of the Public Utility Law, to inquire into and determine whether or not Moore-Flesher Hauling Company may lawfully transport sheet steel, steel bars, coils of steel and similar iron and steel articles under its authority at Application Docket No. 34122, Folders 1 and 2. On May 15, 1957 Moore-Flesher Hauling Company filed its answer thereto and admitted that it was transporting the above mentioned articles and averred that such transportation service was within the scope of its certificated authority. On September 19, 1960 the Commission found that Moore-Flesher Hauling Company had the requisite authority and that it was unnecessary, under the circumstances, to proceed further with the matter. The commission, therefore, ordered that its inquiry and investigation be terminated and the record closed.
On or about December 7, 1960 Al Zeffiro Transfer and Storage Co. et al. filed their petitions for a rescission of the commission's order of September 19, 1960 and sought to intervene and asked for a reopening of the commission's order and an oral hearing thereon. On January 17, 1961 the commission denied these petitions. Thereafter Al Zeffiro Transfer and Storage Co. et al. appealed. On March 6, 1961 we permitted Moore-Flesher Hauling Company to intervene. Moore-Flesher Hauling Company filed a motion to quash the eight. appeals filed to Nos. 122-129 April Term, 1961. Al Zeffiro Transfer and Storage Co. filed an answer to the motion to quash.
After hearing oral argument upon the motion to quash we are of the opinion that the motion must be granted. Article XI, § 1101, of the Public Utility Law of May 28, 1937, P.L. 1053, 66 P. S. § 1431, provides for an appeal by "any party to the proceedings affected thereby. . . ." The right to appeal is purely statutory and may not be enlarged either by the commission or by us: Rydal-Meadowbrook Assn. v. Pa. P.U.C., 173 Pa. Super. 380, 98 A.2d 481.
The right to appeal requires that an appellant be (1) a party to the proceedings and (2) affected thereby: Arsenal Board of Trade v. Pa. P.U.C., 166 Pa. Super. 548, 552, 553, 72 A.2d 612.
The appellants in the present proceeding were not parties to the proceeding before the commission and therefore they have failed to qualify as proper parties appellant. Appellants claim that they became parties to the proceeding as a matter of law because they were affected by the commission's order of January 17, 1961 denying their petition for a rescission of the commission's order of September 19, 1960.
In Smith v. Pa. P.U.C., 174 Pa. Super. 252, 257, 101 A.2d 435, we said: "Lacking the qualifications of formal parties to the proceeding initially, appellants did not become such by reason of their petition for rehearing or by petition for appeal to this Court."
Appellants also argue that they should have been given public notice of the proceedings instituted by the commission in this case. The statute does not require public notice under § 1001, which relates to complaint proceedings, or § 1008, which relates to investigations instituted on the commission's own motion.
The appeals are quashed.