ࡱ > Z n Y 5 x' bjbj S ϿdϿd' + % + + + 8 c D L + ' " L a a : P d 1' 3' 3' 3' 3' 3' 3' $ \) , W' p " p p W' a a l' L# L# L# p L a a 1' L# p 1' L# L# # e $ a d $ ' ' 0 ' $ , , $ $ , -$ p p L# p p p p p W' W' ! ~ p p p ' p p p p , p p p p p p p p p : PENNSYLVANIA PUBLIC UTILITY COMMISSION Harrisburg, PA 17120 Public Meeting held April 16, 2020Commissioners Present: Gladys Brown Dutrieuille, Chairman David W. Sweet, Vice Chairman Andrew G. Place John F. Coleman, Jr. Ralph V. YanoraPetition of Pocono Cab Company, LLC for Waiver of the Provisions of 52 Pa. Code 29.313(e) for the Duration of the Declared Emergency Related to the Coronavirus Pandemic P-2020-3019420 ORDER BY THE COMMISSION: Before the Commission for review and consideration is the Petition of Pocono Cab Company, LLCs (Pocono Cab) for a temporary waiver of the provisions of 52 Pa. Code 29.313(e). Pocono Cab seeks authority to provide limited expressage service in its call and demand vehicles to pick-up customers pre-ordered items from grocery stores and pharmacies during the pendency of the Governors Stay-at-Home Order. For the reasons set forth below, the Commission will grant Pocono Cabs Petition. Petition for Waiver Pursuant to its Certificate of Public Convenience (CPC), Pocono Cab is authorized to transport persons upon call or demand in Monroe, Pike, Carbon, and Northampton Counties. Petition 2; see Docket No. A-2017-2639052. Pocono Cabs CPC does not authorize it to provide expressage service. Petition 4. On April 2, 2020, Pocono Cab filed a Petition for a temporary waiver of the provisions of 52 Pa. Code 29.313(e). Pocono Cab seeks authority to provide limited expressage service in its call and demand vehicles to pick-up customers pre-ordered items from grocery stores and pharmacies during the pendency of the Stay-at-Home Order. Petition 9. Pocono Cab requested expedited consideration of its Petition in light of the essential nature of this service and an increasing demand from the public. In support of its Petition, Pocono Cab stated that (1) a significant number of its customers are elderly, and (2) it has received numerous requests for this type of service from the public since the Governor issued the Stay-at-Home Order. Petition 5, 7. Pocono Cab further noted that, if authorized to provide limited expressage service, it would charge the existing rates in its tariff for its typical passenger service. Petition 10. DISCUSSION On March 6, 2020, pursuant to subsection 7301(c) of the Emergency Management Services Code, 35 Pa. C.S. 7101, et seq., Governor Tom Wolf issued a Proclamation of Disaster Emergency proclaiming the existence of a disaster emergency throughout the Commonwealth for a period of up to ninety (90) days, unless renewed by the Governor. Shortly thereafter, on March 11, 2020, the World Health Organization (WHO) declared COVID-19 the coronavirus a pandemic. The Governors Proclamation of Disaster Emergency explicitly authorizes and directs the suspension of the provisions of any regulatory statute prescribing the procedures for conduct of Commonwealth business, or the orders, rules or regulations of any Commonwealth agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with this emergency. On April 1, 2020, the Governor issued a statewide Order for Individuals to Stay at Home (Stay-at-Home Order) directing all individuals residing in the Commonwealth to stay at home except as needed to access, support, or provide life-sustaining business, emergency, or government services and to employ social distancing practices when leaving their homes. Additional guidance from the Governor indicates the intent is to ensure that the maximum number of people self-isolate in their places of residence. With regard to motor carriers of passengers having call or demand authority, Commission regulations at 52 Pa. Code 29.313(e) provide: (e) Expressage. The driver may carry packages or parcel when the merchandise is accompanied by a passenger but shall refuse to carry the packages or parcels when the contents cause the vehicle to become stained or evil smelling. Nothing contained in this subsection may be interpreted as permitting the hiring of vehicles for expressage purposes only unless the rights are specifically included in a certificate held by the carrier. 52 Pa. Code 29.313(e). Accordingly, expressage service is generally not permitted unless a motor carriers certificate of public convenience explicitly states as such. Under the unique circumstances presented by the COVID-19 pandemic, we find that granting a temporary waiver of 52 Pa. Code 29.313(e) for Pocono Cab is consistent with the Governors Proclamation of Disaster Emergency. Pocono Cabs provision of limited expressage service to pick-up customers pre-ordered items from grocery stores and pharmacies is also consistent with the purpose of the Stay-at-Home Order to limit travel and promote social distancing. Additionally, we note that, in recent guidance, the Center for Disease Control and Prevention (CDC) recommended order[ing] food and other items online for home delivery or curbside pick-up and only visit[ing] the grocery store, or other stores selling household essentials when you absolutely need to. The CDC states that taking these steps, among others, will limit potential exposure to COVID-19. Accordingly, we find that Pocono Cabs request is reasonable and in the public interest. Further, Pocono Cabs limited provision of expressage service to pick-up customers pre-ordered items from grocery stores and pharmacies is necessary to protect the health and safety of the public. CONCLUSION Pocono Cabs Petition for a waiver of 52 Pa. Code 29.313(e) is hereby granted. Pocono Cab has authority to provide limited expressage service in its call and demand vehicles to pick-up customers pre-ordered items from grocery stores and pharmacies in accordance with the existing rates in its tariff during the pendency of the Stay-at-Home Order, or unless otherwise directed by the Commission. THEREFORE, IT IS ORDERED: 1. That Pocono Cab Company, LLCs Petition for a waiver of 52 Pa. Code29.313(e) is hereby granted. 2. That Pocono Cab Company, LLC has authority to provide limited expressage service in its call and demand vehicles to pick-up customers pre-ordered items from grocery stores and pharmacies in accordance with the existing rates in its tariff during the pendency of the Stay-at-Home Order, or unless otherwise directed by the Commission. 3. That the proceeding at Docket No. P-2020-3019420 shall be marked closed. BY THE COMMISSION Rosemary Chiavetta Secretary (SEAL) ORDER ADOPTED: April 16, 2020 ORDER ENTERED: April 16, 2020 Proclamation of Disaster Emergency, Commonwealth of Pennsylvania, Office of the Governor (March 6, 2020) available at HYPERLINK "https://www.governor.pa.gov/wp-content/uploads/2020/03/20200306-COVID19-Digital-Proclamation.pdf" https://www.governor.pa.gov/wp-content/uploads/2020/03/20200306-COVID19-Digital-Proclamation.pdf. Order for Individuals to Stay at Home, Commonwealth of Pennsylvania, Office of the Governor (April 1, 2020) available at HYPERLINK "https://www.governor.pa.gov/wp-content/uploads/2020/04/20200401-GOV-Statewide-Stay-at-Home-Order.pdf" https://www.governor.pa.gov/wp-content/uploads/2020/04/20200401-GOV-Statewide-Stay-at-Home-Order.pdf. Stay-at-Home Order Guidance, Commonwealth of Pennsylvania, Office of the Governor (March 23, 2020) available at HYPERLINK "https://www.scribd.com/document/452929448/03-23-20-Stay-at-Home-Order-Guidance" https://www.scribd.com/document/452929448/03-23-20-Stay-at-Home-Order-Guidance. Coronavirus Disease 2019 (COVID-19), Daily Life & Coping, Running Essential Errands, Center for Disease Control and Prevention (April 6, 2020) available at HYPERLINK "https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/essential-goods-services.html" https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/essential-goods-services.html. 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