Before the PENNSYLVANIA PUBLIC UTILITY COMMISSION
DOCKET NO. A-2015-2481532
Application of Gan Eden Transportation Solutions, LLC
AMENDED PROTEST ON BEHALF OF AIRLINES ACQUISITION CO., INC., t/a AIRLINES TRANSPORTATION COMPANY and t/a SUPERSHUTTLE PITTSBURGH, AND REQUEST FOR ORAL HEARING
Airlines Acquisition Co., Inc., t/a Airlines Transportation Company and t/a SuperShuttle
Pittsburgh (“Protestatnt”), by and through its attorneys, Paul S. Guarnieri, Esquire and Malone
Middleman, P.C., hereby file the within Amended Protest to the above-captioned Application of
Gan Eden Transportation Solutions, LLC (“Applicant”) and in support thereof sets forth as
follows:
1. Applicant filed an application for authority as published in the Pennsylvania
Bulletin on June 6, 2015.
2. A corrected publication was published in the Pennsylvania Bulletin as set forth in
Appendix “A”.
3. The corrected publication replaced the Philadelphia International Airport with the
Pittsburgh International Airport as a destination point.
4. Protestant filed a Protest to the Application, as originally published, on June 22,
2015.
5. The name and business addresses of the Protestant are set forth in Appendix A
which is attached hereto.
6. The name, business address and telephone number of Protestant’s attorneys are as
follows:
Paul S. Guarnieri, Esquire Malone Middleman, P.C. Wexford Professional Building III 11676 Perry Highway, Suite 3100 Wexford, PA 15090 (724) 934-6888
7. By this application, Applicant seeks authority for the right to transport, as a
common carrier, by motor vehicle, persons in airport transfer service, from points in the Counties
of Allegheny, Armstrong, Beaver, Butler, Fayette, Indiana, Lawrence, Washington and
Westmoreland, to the Allegheny County Airport, Arnold Palmer Airport and Pittsburgh
International Airport, excluding service that is under the jurisdiction of the Philadelphia Parking
Authority.
8. Protestant holds airport transfer operating rights from the Commission at Docket
Nos. A-00108743; A-00108743, F.2, Am-A; and A-2008-2040379 The relevant portion of
Protestant’s authority is attached to Protestant’s original Protest as Appendix A-1 through A-3, which is incorporated by reference as though more fully set forth herein. The operating rights sought by this Application are in direct conflict with the operating rights issued to Protestant.
9. Protestant is presently providing service in the application area and is willing and
able to provide additional service. There is no need or demand for additional service in
Protestant’s authorized territory. The proposed service is not necessary or proper for the service,
accommodation, convenience or safety of the public.
10. It is believed and therefore averred that the Applicant does not possess the
technical and financial ability to provide the proposed service and lacks a propensity to operate safely and legally.
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11. It is believed and therefore averred that Applicant’s proposed service area is too
broad, and that Applicant lacks the ability to service the entire area, together with the territory it
is presently serving.
12. Protestant does not have any restrictive amendment to propose which would
satisfy its interests in this proceeding.
13. Protestant hereby requests that this application be set for an oral hearing so that
Protestant may be able to cross-examine Applicant’s witnesses and present evidence to the issues
relative to the application. Protestant represents that it will appear at the hearing to present
evidence relative to the issues involved in this application.
14. Pursuant to Section 333(c) of the Public Utility Code (66 Pa.C.S.A. §333(c)),
Protestant hereby requests a list of Applicant’s witnesses who are expected to testify in the
above-captioned proceeding, together with the subject matter of their anticipated testimony and, in particular, any complaints or other evidence pertaining to the service or operations of
Protestant.
WHEREFORE, Protestant respectfully requests that the granting of the application be
withheld; that the proceedings be assigned for oral hearing with leave to Protestant to participate
fully therein; and that Applicant be required to make available at the hearing competent evidence
for examination on all material and relevant facts bearing on the application.
Respectfully submitted,
Airlines Acquisition Co., Inc., t/a Airlines Transportation Company and t/a SuperShuttle Pittsburgh
Date: July 10, 2015 By: _/s/ Paul S. Guarnieri______Paul S. Guarnieri, Esquire Attorneys for Protestant MALONE MIDDLEMAN, P.C. 11676 Perry Highway, Suite 3100 Wexford, PA 15090 (724) 934-6888 [email protected]
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Re: Application of Gan Eden Transportation Solutions, LLC Docket No. A-2015-2481532
APPEENDIX A
SCOPE OF AUTHORITY SOUGHT:
By application published in the Pennsylvania Bulletin on June 27, 2015, Applicant seeks authority for the right to transport, as a common carrier, by motor vehicle, persons in airport transfer service, from points in the Counties of Allegheny, Armstrong, Beaver, Butler, Fayette,
Indiana, Lawrence, Washington and Westmoreland, to the Allegheny County Airport, Arnold
Palmer Airport and Pittsburgh International Airport, excluding service that is under the jurisdiction of the Philadelphia Parking Authority.
INTERESTS OF PROTESTANTS:
1. Airlines Acquisition Co., Inc., t/a Airlines Transportation Company and t/a
SuperShuttle Pittsburgh, 1825 Liverpool Street, Pittsburgh, PA 15233 (412-322-9113) is a common carrier that holds operating rights from the Commission at Docket Nos. A-00108743;
A-00108743, F.2, Am-A; and A-2008-2040379, to transport, as common carrier, persons in airport transfer service, as follows:
A-00108743, F.2:
Special groups of persons arriving by airplane at Allegheny County Airport (West Mifflin) or Greater Pittsburgh Airport (Moon) to points in Pennsylvania and return.
Airplane passengers grounded at Allegheny County Airport (West Mifflin) or Greater Pittsburgh Airport (Moon) to points in Pennsylvania.
A-00108743 F.2, Am-A:
To Pittsburgh International Airport in Moon and Findley and Allegheny County Airport in West Mifflin from points in the following counties:
Armstrong Bedford Beaver Butler Clarion Crawford Fayette Indiana
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Lawrence Mercer Somerset Venango
A-2008-2040379:
To Greater Pittsburgh International Airport in Moon and Findlay in limousines and luxury-type vehicles (without taximeter or dome lights) with seating of not less than 7 nor more than 11 passengers of persons having prior or subsequent movement by air from:
1. Following areas of Westmoreland County, and vice versa:
Township of North Huntingdon City of Jeanette City of Greensburg Borough of Irwin Borough Mt. Pleasant Borough Scottsdale Borough Latrobe Borough Monessen
2. From the Greater Pittsburgh International Airport to points in Washington County and vice versa, for persons having prior or subsequent movement by air, excluding service between intermediate points and excluding the Borough of Findleyville and within a radius of five miles of the limits thereof
3. From the Greater International Airport to points in Westmoreland County, and vice versa, for persons having prior or subsequent movement by air.
4. From Greater Pittsburgh International Airport in Moon and Findlay in limousines and luxury-type vehicles for four (4) or more persons from one origin point for whom a reservation has been made by a single party or person, but who are charged individually to points in following counties Armstrong, Beaver, Butler, except:
Following municipalities in Butler County
Townships of Adams, Connoquenessing, Cranberry, Forward, Jackson, Lancaster, Butler, Penn and Middlesex
Boroughs of Seven Springs and Zelienople
5. Service from Westmoreland County is limited to four (4) or more persons from one origin point for whom a reservation has been made by a single party or person, but who are charged individually
A copy of the relevant authority is attached hereto as Appendix A-1 through A-3, respectively. A portion of the Protestant’s authority is relevant to this application.
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CERTIFICATE OF SERVICE
I hereby certify that I have, this day served a true copy of the foregoing document upon the parties, listed below, in accordance with the requirements of § 1.54 (relating to service by a party):
Gusty Sunseri, Esquire Counsel for Gan Eden Transportation Solutions, LLC 1290 Freeport Road Pittsburgh, PA 15238
Dated this 10th day of July 2015
__/s/ Paul S. Guarnieri______Paul S. Guarnieri Esquire Counsel for Protestant
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