Before the 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 , 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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