H50



PENNSYLVANIA

PUBLIC UTILITY COMMISSION

Harrisburg, PA 17105-3265

Public Meeting held June 2, 2000

Commissioners Present:

John M. Quain, Chairman

Robert K. Bloom, Vice-Chairman

Nora Mead Brownell

Aaron Wilson, Jr.

Terrance J. Fitzpatrick

Application of J. H. Bennett Moving & Storage, A-00101944

Inc., a corporation of the Commonwealth of F. 1

Pennsylvania, for amendment to its common Am-D

carrier certificate, which grants the right, inter

alia, to transport by motor vehicle, household

goods in use between points in the city of Erie,

Erie County, and within twenty-five (25) miles

by the usually traveled highways of the limits of

said city: SO AS TO PERMIT the transporta-

tion of household goods in use between points

in the county of Warren, and from points in

said county, to points in Pennsylvania, and vice

versa.

___________

Vuono and Gray by William A. Gray for the applicant.

___________

O R D E R

BY THE COMMISSION:

This matter comes before the Commission on an application filed February 9, 2000. Public notice of the application was given in the Pennsylvania Bulletin of February 26, 2000. No protests were filed and no hearings were held.

The unopposed application is certified to the Commission for its decision without oral hearing. The record consists of verified statements entered by the applicant and five (5) parties.

DISCUSSION AND FINDINGS

J. Gordon Naughton, president of J. H. Bennett Moving & Storage, Inc., is authorized to give the statement on behalf of the applicant. Applicant currently holds authority from the Pennsylvania Public Utility Commission to transport household goods in use in Erie and Meadville and, by the instant application, seeks to expand its operating authority. Applicant's principal office is located at 1705 Raspberry Street, Erie. At this location, Bennett dispatches driver and equipment. Bennett owns two tractors, 10 trailers, four straight trucks and two pack trucks and leases five tractors. Applicant does not anticipate requiring any additional equipment upon approval of the application. A comprehensive safety and maintenance program is in effect. The financial data of the applicant shows total assets of $1,031,159.14, a net worth of $819,821.14 and a total net profit of $33,159.83.

Five (5) verified statements were presented in support of the application. Three are from businesses and two are from individuals.

Robert G. Norton, vice-president of Human Resources of Northwest Savings Bank is authorized to present the verified statement in support of the application. It is anticipated that Human Resources would utilize the services of Bennett to transport employees of the bank approximately five times per year with service originating at various points throughout Warren County.

David L. Kell, owner of Re/Max Briar Hill Associates, is authorized to submit the statement in support of the applicant. It is estimated that Re/Max would utilize applicant's service for household goods approximately four times per year. The supporting party has customers located throughout Warren County involved in the sale and/or purchase of real estate. Re/Max arranges for the moving service for some of these customers within Warren County or from Warren County, to points in Pennsylvania.

James L. Decker, executive director of the Warren County Chamber of Commerce, is authorized to present the statement in support of applicant. The supporting party is engaged in business development and retention throughout Warren County. While the supporting party does not actually utilize household goods service, it supports this application since it believes that approval of the application will be beneficial to business development and retention.

The following two statements are from individuals residing in Warren who may require service in the future and would utilize the services provided by applicant. Those individuals are Mrs. David Peterson and Evan B. Lanman.

After complete review of the record, we find:

1. Applicant seeks to amend its common carrier household goods in use authority.

2. The application was unopposed.

3. Applicant has the equipment, experience, ability and fitness necessary to render the service.

4. The application is supported by five (5) parties.

5. The evidence of record is sufficient to establish necessity for the service.

6. Approval of the application is necessary for the accommodation and convenience of the public; THEREFORE,

IT IS ORDERED: That the authority granted under the certificate issued July 16, 1980, be amended to include the following right:

To transport, as a common carrier, household goods in use, between points in the county of Warren, and from points in said county, to points in Pennsylvania, and vice versa.

IT IS FURTHER ORDERED: That the applicant shall not engage in any transportation authorized by this order until the following is submitted to the Commission:

1. A tariff establishing just and reasonable rates.

IT IS FURTHER ORDERED: That the authority granted herein, to the extent that it duplicates authority now held by or subsequently granted to the applicant, shall not be construed as conferring more than one operating right.

IT IS FURTHER ORDERED: That in the event said applicant has not, on or before sixty (60) days from the date of the service of this order, complied with the requirements hereinbefore set forth, the application shall be dismissed without further proceedings.

BY THE COMMISSION,

James J. McNulty

Secretary

(SEAL)

ORDER ADOPTED: June 2, 2000

ORDER ENTERED:

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