Pennsylvania Public Utility Commission Considers Comments Submitted in Response to its Proposed Rulemaking Order to Revise Evidentiary Criteria for Household Goods in Use Carrier Applicants

The Pennsylvania Public Utility Commission (“Commission”), which regulates moving companies, is reviewing comments to proposed rules that would make it easier for movers to obtain authority to commence operations in Pennsylvania.  In its September 12, 2013 Proposed Rulemaking, the Commission recommended revisions to the evidentiary criteria applicable to moving company applicants.  As reported in an earlier blog post on this site, the revisions recommended by the Commission would significantly ease entry barriers for new applicants, thereby encouraging more entrants and creating increased competition within Pennsylvania.

In its Proposed Rulemaking Order, the Commission is attempting to make it easier for new applicants to obtain Commission approval by, among other things, (1) eliminating the requirement that applicants demonstrate that the proposed service will serve a useful public purpose, responsive to a public demand or need, and (2) eliminating jurisdictional territorial restrictions.  The Notice of Proposed Rulemaking was published in the November 23, 2013 edition of the Pennsylvania Bulletin, which triggered a 30-day comment period.

Comments to the proposed revisions were submitted by over 25 entities, including the Pennsylvania Moving & Storage Association, state legislators, and the Tristate Household Goods Tariff Conference, as well as a number of individual carriers.  The comments covered the entire range of potential responses, with some commenters indicating full support for the proposed revisions, and others urging total rejection.  Among the suggested revisions:  requiring applicants to have a physical presence in Pennsylvania to allow for greater Commission oversight, and significant increases in fines for carriers providing unauthorized service to more strongly discourage rogue providers.  The Commission is currently considering these and other comments, all of which may be viewed on the Commission’s web site.

It is anticipated that the Commission will issue final rules within approximately six months.