H50



PENNSYLVANIA

PUBLIC UTILITY COMMISSION

Harrisburg, PA 17105-3265

Public Meeting held June 21, 2001

Commissioners Present:

John M. Quain, Chairman

Robert K. Bloom, Vice-Chairman

Aaron Wilson, Jr.

Terrance J. Fitzpatrick

Application of Arnold Volunteer Ambulance Service, A-00117205

t/d/b/a Arnold Specialty Coach, a corporation of the

Commonwealth of Pennsylvania, for the right to

begin to transport, as a common carrier, by motor

vehicle, persons in paratransit service, between points

in the county of Westmoreland, and from points in

said county, and the county of Allegheny, to points in

Pennsylvania, and vice versa.

___________

Page, Wolfberg & Wirth, LLC, by Christie M. Mellott for the applicant.

Vuono & Gray, LLC, by William A. Gray for protestants, Jeannette E.M.S., Inc. and

      S. & S. Taxi Co.

Pillar, Mulroy & Ferver, by John A. Pillar for protestants, Manor Valley Taxi, Inc., Greensburg       Yellow Cab Co., t/d/b/a Yellow Cab of Greensburg, Valley Transportation, Inc., Byers Taxi       Service, Inc. and Veteran's Cab Company, Inc.

___________

O R D E R

BY THE COMMISSION:

This matter comes before the Commission on an application filed September 6, 2000. Public notice of the application was given in the Pennsylvania Bulletin of September 23, 2000. Seven (7) protests were filed by the above-mentioned carriers. All protests were withdrawn upon restrictive amendment.

The now unopposed application is certified to the Commission for its decision without oral hearing. The record consists of verified statements entered by the applicant and four (4) parties.

DISCUSSION AND FINDINGS

David Stocklosa, executive director of Arnold Volunteer Ambulance Service, t/d/b/a Arnold Specialty Coach, (applicant or Arnold Specialty Coach), is authorized by the board of directors to provide this verified statement of applicant. Applicant is not affiliated with any other P.U.C. carrier. Applicant currently provides exempt emergency ambulance and medical transportation services to the public. Arnold Specialty Coach will commence operations from facilities located at 101 E.M.S. Square, Arnold, Westmoreland County. This facility is located on 2.2 acres and includes a 6,000-square-foot building with four bays with capabilities to hold up to 12 vehicles. There are three administrative offices, a classroom for educational purposes and an employee lounge. Applicant will commence operations utilizing a 1999 and a 1997 Ford van. A comprehensive safety and maintenance program is in effect.

The balance sheet of the applicant as of December 31, 2000 shows total current assets of $228,237, total assets of $616,242, total current liabilities of $500.00 and total liabilities of $222,741 and total owner's equity of $393.501.

Richard Sobehart, CEO presents the verified statement of UPMC St. Margaret along with several other parties. UPMC St. Margaret is an acute health care hospital that, for the past year, has required 81 wheelchair trips and during the first three months of Calendar Year 2001, had a need for approximately 30 wheelchair trips. The supporting party requires transportation for patients requiring assistance from the vehicle to inside the home, including private residence, nursing home and personal care facility. Transportation is required from UMPC located in Pittsburgh, Allegheny County, to numerous facilities located in the counties of Allegheny, Westmoreland, Armstrong and to the cities of Arnold, Lower Burrell and New Kensington, all located in Westmoreland County.

Allegheny Valley Hospital's statement comes from Victoria A. McGowan, assistant director. The Social Service Department of the Allegheny Valley Hospital arranges transportation by ambulance or wheelchair van for discharged patients to home, personal facility or nursing home. The total trips out of Allegheny Valley Hospital during the Calendar Year 2000 were 194 wheelchair trips and during the first three months of Calendar Year 2001, a total of approximately 100 wheelchair trips were required. The supporting party requires transportation from its facility located in Natrona Heights, Allegheny County to points in the county of Allegheny, Westmoreland, Armstrong, and the cities of Arnold, Lower Burrell and New Kensington, al located in Westmoreland County.

Sharon Silkroski, assistant administrator for Belair Health and Rehabilitation Center located in the city of Lower Burrell, Westmoreland County, is authorized to present this verified statement on behalf of the supporting party. Belair Health and Rehabilitation Center is a skilled nursing facility/business seeking transportation for its customers. Total trips of Belair Nursing Home during Calendar Year 2000 were 410 wheelchair trips and during the first three months of the Calendar Year 2001, a total of 95 wheelchair trips were required. Transportation from Belair Nursing Home located in Lower Burrell, to facilities located in the counties of Allegheny, Westmoreland and the cities of Arnold, Lower Burrell and New Kensington, Westmoreland County, and vice versa.

Robert J. Kraynik, administrator for Dialysis Clinic, Inc. located in the city of New Kensington, Westmoreland County, is authorized to present this verified statement on behalf of the supporting party. Dialysis Clinic, Inc. is an outpatient in-stage renal disease facility. Transportation for Calendar Year 2000 required 422 wheelchair trips and for the first three months of Calendar Year 2001, total wheelchair trips required were 100. Transportation is required from Dialysis Clinic, Inc., New Kensington, to facilities located in the counties of Allegheny, Westmoreland and the cities of Arnold, Lower Burrell, Westmoreland County, all located in Westmoreland County.

Seven (7) carriers protested the application. All protests were withdrawn upon restrictive amendment as follows:

To transport, as a common carrier in paratransit service, between points in the counties of Westmoreland and Allegheny, and from points in said counties, to points in Pennsylvania, and vice versa; subject to the following conditions:

(A) That no right, power or privilege is granted to originate service in Westmoreland County other than points within the cities of Arnold, Lower Burrell and New Kensington;

(B) That service is limited to the use of vehicles modified to handle wheelchairs, and operated by a licensed ambulance service;

(C) That service is limited to equipment operated only by State certified emergency medical technicians or paramedics;

(D) That service is limited to the transportation of persons who are non-ambulatory, or persons who, due to chronic or acute physical or mental conditions, require pre-trip preparations such as assistance in being dressed or lifted or medical monitoring, or the use of medical appliances or equipment, or a medical escort during transit;

(E) That no right, power or privilege is granted to provide service pursuant to written agreements with Federal, State or local agencies such as, but not limited to, the Pennsylvania Department of Transportation, the Department of Public Welfare, the Area Agency on Aging, and the Westmoreland County Transit Authority, with the exception of service performed pursuant to a verbal request by such agencies and subject to all of the other restrictions set forth herein where transportation by alternative carriers is either impractical or may be detrimental to the patient's health or medical condition; and (EMPHASIS ADDED)

(F) That service can only be provided if the persons transported requires assistance in entering the person's residence.

After a review of the restrictive amendments, we find it easier to read and interpret the right and restriction (A) to cite where applicant has the right to transport between and from. Therefore, the right shall read to cite the cities from which the applicant can operate between and from.

Under restriction lettered (E), we do not find it in the public interest to include the verbage restricting service from all Federal, State or local agencies such as, but not limited to. Several specific agencies have been named, and to exclude all Federal, State and local agencies, without specifically naming them, is excessive, overly broad and not in the public interest. This restriction shall be modified to eliminate that verbage.

After complete review of the record, we find:

1. Applicant seeks the initial right to provide paratransit service.

2. Applicant currently provides exempt medical ambulance service.

3. The application was protested by seven (7) carriers and all protests were withdrawn upon restrictive amendments as set forth supra.

4. We shall modify Restrictive Amendment lettered (E) to remove verbage that is not specific and therefore, not in the public interest.

5. Applicant has the equipment, ability and fitness necessary to render the service, as amended and further modified.

6. Four (4) parties support the application, as amended.

7. The evidence of record is sufficient to establish necessity for the service, as amended and modified.

8. Approval of the application, as amended and further modified, is necessary for the accommodation and convenience of the public; THEREFORE,

IT IS ORDERED: That the application, as amended and further modified, be and is hereby approved granting the following right:

To transport as a common carrier, persons in paratransit service, between points in the cities of Arnold, Lower Burrell and New Kensington, all located in Westmoreland County, and from points in said cities, and the county of Allegheny to points in Pennsylvania, and vice versa;

subject to the following conditions:

(1) That service is limited to the use of vehicles modified to handle wheelchairs, and operated by a licensed ambulance service;

(2) That service is limited to equipment operated only by State certified emergency medical technicians or paramedics;

(3) That service is limited to the transportation of persons who are non-ambulatory, or persons who, due to chronic or acute physical or mental conditions, require pre-trip preparations such as assistance in being dressed or lifted or medical monitoring, or the use of medical appliances or equipment, or a medical escort during transit;

(4) That no right, power or privilege is granted to provide service pursuant to written agreements with the Pennsylvania Department of Transportation, the Department of Public Welfare, the Area Agency on Aging, and the Westmoreland County Transit Authority, with the exception of service performed pursuant to a verbal request by such agencies and subject to all of the other restrictions set forth herein where transportation by alternative carriers is either impractical or may be detrimental to the patient's health or medical condition; and

(5) That service can only be provided if the persons transported requires assistance in entering the person's residence.

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. Form E, as evidence of bodily injury and property damage liability insurance.

2. 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 upon compliance with the requirements hereinbefore set forth, a certificate shall issue evidencing the Commission's approval of the right to operate as above-determined.

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 21, 2001

ORDER ENTERED: June 22, 2001

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