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Elite Industries, Inc. v. Pennsylvania Public Utility Commission

The Public Utility Commission (PUC) may not eliminate an applicant's burden of demonstrating a public demand or need for limousine service based upon the mandate in Section 1103(a) of the Public Utility Code; because the applicant seeking approval for the right to transport persons in limousine service failed to establish a public demand/need for the service as proposed in the application for public convenience, the PUC's finding of public need is not supported by substantial evidence.

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Argued: November 6, 2001

OPINION

Elite Industries, Inc., Corporate Livery, Inc., and J&J Leasing & Rentals, Inc. (hereinafter collectively referred to as “Protestors”) petition for review of an order of the Pennsylvania Public Utility Commission (PUC) which reverses the initial decision of the Administrative Law Judge (ALJ) and grants the exceptions filed by Perry J. Camerlengo, Jr. to the ALJ’s decision. The PUC’s order further directs that a certificate of public convenience be issued, subject to certain conditions, to Camerlengo and grants Camerlengo’s request for a waiver of PUC regulation 52 Pa. Code �29.333(a) regarding vehicle equipment requirements for luxury type vehicles with a seating capacity of 15 passengers or less, excluding the driver. We reverse.

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