A request by the Pennsylvania Public Utility Commission's bureau of investigation and enforcement to subpoena Uber CEO Travis Kalanick has been denied by two administrative law judges, according to documents filed to the PUC's website.
But the judges' decision leaves open the possibility that the enforcement bureau could subpoena another Uber representative, Jonathan Feldman, the company's manager for Pennsylvania.
It did not appear as of today that any action had been taken toward requesting a subpoena for Mr. Feldman.
"This statute clearly provides us with subpoena power in any part of this Commonwealth. It does not appear to grant any power beyond the boundaries of Pennsylvania in the context of formal complaint proceedings," the decision states. "This fact, coupled with Uber’s identification of an alternative witness, requires us to deny BIE’s application for a subpoena of Mr. Kalanick"
The enforcement bureau wants Uber to give it information that its parent agency already has, but that it isn’t permitted to share. Namely it wants to know how many trips Uber provided in Allegheny County before being authorized by the PUC to operate in the market.
The two PUC bodies are meant to work independently in some ways. Investigation and Enforcement activities are deliberately separate from the commission’s decision-makers.
Uber and its rival ride share company, Lyft. moved into the Pittsburgh area last year and tangled with the PUC over regulatory issues for most of that time. Both companies pair drivers in their own vehicles with passengers via smartphone apps.
On Thursday's PUC meeting agenda, the commission is scheduled to consider final approval for Uber's application for a two-year experimental license.
First Published: January 28, 2015, 8:32 p.m.