52 Pa. Code § 1003.55 - Applications for temporary certificate of public convenience

(a) Application.

(1) An applicant for a certificate of public convenience may seek temporary use of the rights requested on an expedited basis.

(2) A request for temporary rights shall be made through the relevant application form which may be obtained on the Authority's web site at www.philapark.org/tld.

(3) Temporary rights issued by the Authority will expire automatically and without further notice in the following manner:

(i) On the expiration date provided at the time the temporary rights are granted, which may not exceed 6 months from the date the temporary rights are granted.

(ii) On the date the application for nontemporary rights is granted or denied.

(4) The Authority will include the applicant's request for temporary rights in the notice of application published in the Pennsylvania Bulletin.

(b) Standard for granting temporary certificates. Temporary certificates are disfavored. Temporary rights will only be issued to an applicant for a certificate in the following circumstances:

(1) The applicant clearly identifies that an emergency situation that necessitates the granting of emergency rights exists in Philadelphia.

(2) The Authority determines that an emergency condition does exist in Philadelphia and that the immediate granting of the temporary rights will assist in the amelioration of the emergency.

(3) The applicant appears from the initial review of the application to be capable of safely and adequately providing service, including the filing of compliant rates, tariffs and proof of insurance.

(c) Revocation of temporary certificate. A grant of a temporary certificate may be later revoked by the Authority if it determines that the applicant is unfit under this subpart.

(d) Continuation of temporary certificate. Temporary certificates issued under this section may not be renewed or extended. A person may apply for new temporary rights upon the expiration of any previously granted temporary rights.

(e) Filing of protests. A person who can and will provide all or part of the proposed service may file a protest to the temporary certificate. Protests shall be consistent with § 1003.54 (relating to protests). The protest must indicate whether it protests the application for temporary rights or for permanent rights, or both.

Notes

52 Pa. Code § 1003.55