Public Utility Commission s12

PENNSYLVANIA PUBLIC UTILITY COMMISSION Harrisburg, PA 17105-3265

Public Meeting held December 18, 2008

Commissioners Present:

James H. Cawley, Chairman Tyrone J. Christy, Vice Chairman Robert F. Powelson Kim Pizzingrilli Wayne E. Gardner

Application of Yellow Cab Company of Pittsburgh, a A- 00049926 A-2008-2034740 corporation of the Commonwealth of Pennsylvania, for the approval of the transfer of forty-four thousand four hundred fifty-seven (44,457) shares of the issued and outstanding stock from YC Holdings, Inc. to SuperTaxi, Inc. .

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John A. Pillar, for the applicant. David W. Donley for protestant Michael O. Pettus t/a Pettus Taxi Service Slomski, Caruso & Associates, RPLLC, by W. David Slomski for protestants Star Limousine Service, Inc. and Classy Cab Company, Inc. ______

O R D E R

BY THE COMMISSION:

This matter comes before the Commission on an application filed February 26, 2008. Public notice of the application was initially given in the Pennsylvania Bulletin of April 19, 2008, with protests due by May 5, 2008. On May 2, 2008, Star Limousine Service, Inc. (Star Limousine) and Classy Cab Company, Inc. (Classy Cab) protested the above captioned application and on May 5, 2008, Michael O. Pettus t/a Pettus Taxi Service (Pettus) filed an additional protest.

On August 19, 2008, Star Limousine and Classy Cab unconditionally withdrew their protests. Following the withdrawal of protests by Star Limousine and Classy Cab, Pettus became the sole remaining protestant to the application.

1 On September 24, 2008, the Initial Decision of ALJ Corbett was issued which granted the preliminary objections of the Applicant by finding that Pettus lacked standing to intervene and protest the applications for transfers of stock. Pettus' protests were then dismissed and the ALJ transferred this proceeding to the Commission's Bureau of Transportation and Safety for technical review pursuant to our Regulations at 52 Pa. Code § 3.381(c)(1)(iii)(A).

On October 14, 2008, Pettus filed Exceptions to the Initial Decision, which were denied in a November 13, 2008, Final Order that reaffirmed the Initial Decision of ALJ Corbett. The now unopposed application is certified to the Commission for its decision without oral hearing. The record consists of the application, the applicant’s verified statements, and the agreement of sale of stock.

DISCUSSION AND FINDINGS:

Yellow Cab Company of Pittsburgh (Yellow Cab) was incorporated in 1913 and its sole stockholder is YC Holdings, Inc. Yellow Cab Company of Pittsburgh was created for the purpose of providing passenger transportation in Pittsburgh and the surrounding communities. Following the stock transfer Yellow Cab Company of Pittsburgh will continue to operate from its facility at 1825 Liverpool St., Pittsburgh, Allegheny County.

YC Holdings, Inc. owns 100 percent of the stock of Yellow Cab and James D. Campolongo is the sole stockholder of YC Holdings, Inc. Mr. Campolongo is currently serving as the Chief Operating Officer for Yellow Cab. Mr. Campolongo, YC Holdings, Inc., and SuperTaxi, Inc. (SuperTaxi) have entered into a contract whereby 100 percent of the stock of YC Holdings, Inc. will be transferred to SuperTaxi and; therefore, SuperTaxi, via its 100 percent ownership in YC Holdings, Inc., will control Yellow Cab Company of Pittsburgh.

It is the intention of SuperTaxi to operate Yellow Cab Company of Pittsburgh as an ongoing concern and to continue to utilize all existing safety, hiring, and maintenance policies and procedures. Mr. Campolongo will continue to direct the operations of Yellow Cab Company of Pittsburgh and will also continue to work with this Commission to ensure safe, reasonable, and efficient service. At present, neither the transferor, nor the transferee has any outstanding assessments or fines with this Commission.

SuperTaxi is a subsidiary of Veolia Environnement, which is a foreign corporation based in France with more than 155 years of business experience. Veolia Environnement conducts worldwide operations, employs more than 319,000 employees globally, and trades on the New York Stock Exchange (VE). Veolia Environnement provides customized solutions to meet the needs of municipal and industrial customers in four complementary segments: water, environmental services, energy services, and passenger transportation. In 2007, Veolia Environnement recorded revenue of 32.6 billion euros.

2 The balance sheet of applicant dated October 31, 2008, shows total current assets of $9,796, total assets of $50,695, and total liabilities of $27,191, with a stockholder’s equity of $11,141. Because this is essentially an ongoing concern with no changes in operation, and because the parent company Veolia Environnement holds substantial assets, these figures are deemed adequate to ensure financial fitness.

A review of the record before us indicates that the applicant possesses the technical expertise, experience, facilities, sufficient capital and other resources necessary to provide the proposed service.

After complete review of the record, we find:

1. The stock transfer proposed by this instant application will not adversely affect the public;

2. The application was protested by three parties; all of which have either withdrawn their protest, or have had their protest removed for lack of standing.

3. Approval of the now unopposed application is necessary for the accommodation and convenience of the public; THEREFORE,

IT IS ORDERED:

1. That the application for transfer of forty-four thousand, four hundred and fifty-seven (44,457) shares of the issued and outstanding stock from YC Holdings, Inc. to SuperTaxi, Inc., is approved.

2. The stock of SuperTaxi, Inc., shall not be further sold, transferred or in any other way conveyed to any other individual, partnership, corporation, or any other entity without prior filing of an application with this Commission and approval thereof.

BY THE COMMISSION,

James J. McNulty Secretary

(SEAL)

ORDER ADOPTED: December 18, 2008

ORDER ENTERED: December 19, 2008