Entered: February - psc.state.wv.us

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0

Entered: February 4 , 1981:

M . C . CASE NO. 20871

PAUL E . UMSTOT, doing business as PAUL'S SERVICE CENTER, Waverly, Wood County.

Applicat ion f o r a c e r t i f i c a t e t o ope ra t e a s a common c a r r i e r .

HEARING EXAMINER'S D E C I S I O X

PROCEDURE

On September 30, 1980, Paul E . Ums to t , doing business a s P a u l ' s

Serv ice Center , Waverly, Wood County, f i l e d h i s a p p l i c a t i o n f o r a

c e r t i f i c a t e of convenience and n e c e s s i t y t o opera te as a common c a r r i e r

by motor v e h i c l e i n t h e t r a n s p o r t a t i o n of wrecked and/or d i sab led motor

veh ic l e s i n Wood and Pleasants Counties on the one hand, and po in t s and

p laces i n West Virg in ia on t h e o the r hand, from a base of opera t ion

loca ted a t Waverly, Wood County. The rates proposed t o b e charged i n

the a p p l i c a t i o n were $15 p e r hour f o r c a r s and pickup t rucks ; $25 pe r

hour f o r medium s i z e t rucks ; and $35 p e r hour f o r l a r g e t r u c k s ; o r $ 1 . 0 0

per mile f o r t r i p s over f i v e (5) mi les , whichever i s t h e l a r g e r r a t e .

By Commission order en tered on October 1, 1960 , t h e app l i can t was

requi red t o g ive n o t i c e of t h e f i l i n g of h i s a p p l i c a t i o n by publ ishing

a copy of t h e October 1, 1980, o rder once i n a newspaper published and

of genera l c i r c u l a t i o n i n each of t h e count ies of Wood and P leasan t s ,

and t o make due r e t u r n t o the Commission of proper c e r t i f i c a t i o n of

pub l i ca t ion wi th in t e n (10) days of t h e pub l i ca t ion .

i n t h e order t o anyone who des i r ed t o make ob jec t ion t o t h e a p p l i c a t i o n ,

t o do so i n w r i t i n g wi th in t e n (10) days a f t e r t he pub l i ca t ion of t h e .

Leave was granted

n o t i c e .

Contained wi th in t h e case f i l e on t h i s mat te r are two a f f i d a v i t s

of pub l i ca t ion which toge ther c o n s t i t u t e s u b s t a n t i a l compliance with

t h e Commission's pub l i ca t ion requirements a s contained i n i t s October 1,

1980 o r d e r . Pub l i ca t ion i s ind ica t ed a s being made on October 10 , 1950,

i n t h e "Parkersburg Sen t ine l , " a newspaper published and of genera l

c i r c u l a t i o n i n Wood County, and on October 9 , 1980, i n "The S t . Marys

3a rc l e , " a newspaper published and of genera l c i r c u l a t i o n i n P leasants

County.

I n response t o t h e publ ic n o t i c e of t he f i l i n g of t h e a p p l i c a t i o n ,

s eve ra l t imely f i l e d le t te rs of p r o t e s t were rece ived .

received from Parkersburg Wrecker Company, H & M Wrecker Serv ice , I n c . ,

and Market Motors.

P r o t e s t s were

I n add i t ion , t h e r e was an untimely l e t t e r of p r o t e s t

received from Davis Motor Company, I n c . , dated October 2 7 , 1980.

I n response t o t h e p r o t e s t s received t o t h e gran t ing of t h e

a p p l i c a t i o n , by Commission order en tered on October 20 , 1980, t h i s

mat te r was se t f o r hear ing on October 28, 1980, i n t h e Commission's

Hearing Room a t t he Capi to l i n t h e City of Charleston.

i n t h a t o rder t o anyone i n t e r e s t e d t o f i l e ob jec t ion t o t h e a p p l i c a t i o n

a t any time on o r before t h e d a t e se t f o r t h e hear ing , o r a t t h e hear ing

Leave was g ran te

i t s e l f .

The hear ing w a s he ld as scheduled, and appearances were made by

a t to rney Arden J . Curry, of Pauley, Curry & Thaxton, on behalf of t h e

Applicant ; a t t o rney Thomas N. EIanna on behalf of H & M Wrecker Se rv ice ,

I n c . ; Ralph Emerick on behalf of Emerick Brothers Garage, a p a r t n e r s h i p ;

John W . Heaney on behalf of Market Notors, Inc . ; and, Louis Balzano on

behalf of Parkersburg Wrecker Company, I n c . A t t h e conclusion of t h e

taking of testimony and p resen ta t ion of evidence, t h i s matter was

submitted t o the Hearing Examiner f o r a dec is ion .

D I S C U S S I O N OF THE EVIDENCE I N C L U D I N G F I N D I N G S OF FACT

For t h e purpose of t h i s o r d e r , r e f e rence t o t h e t r a n s c r i p t w i l l be by the i n i t i a l s of t h e t e s t i f y i n g witness followed by t h e p e r t i n e n t page o f t h e t r a n s - c r i p t i n t h i s manner: (ABC, p . 0 ) . Exhib i t s w i l l be r e f e r r e d t o a s marked f o r i d e n t i f i c a t i o n purposes and/or en tered i n t o evidence.

CITED WITNESSES

PEU - Paul E . Umstot CT - Charles Travis DG - Dar re l l Gates JRM - James R . Miller KRD - K. R . Davis DP - Donald Pit tman

RH - Ransford Heckert RE - Ralph Emerick JWH - John W . Heaney LB - Louis Balzano HD - Harold Dotson EF - Elsa F l e m i n g s

Paul E . Umstot, t h e app l i can t i n t h i s proceeding, opera tes a

garage and body shop a s a s o l e p ropr i e to r sh ip i n Waverly, Wood County,

West V i rg in i a , which i s between Parkersburg and S t . Narys, near t he

P leasan t s County border . H e has operated h i s garage f o r two yea r s , and

i t i s loca ted on S t a t e Route 2 . (PEU, p p . 7-8, and 2 0 ) .

PUBLIC 6ER OF W=?''ON c 0 -2-

The application he has made is for authority to operate as a common

carrier in the transportation of wrecked and/or disabled vehicles, with

the authority to be valid for towing to and from points and places in

Wood and Pleasants County, and to and from points and places in West

Virginia. The rates he proposes to charge if his application is granted // are: $15.00 per hour for cars $25.00 per hour for medium size trucks $35.00 per hour for large size trucks $1.00 per mile charge for trips over five (5) miles whichever

rate is largest.

While the applicant has never previously operated a wrecker service

he has worked for other wrecker services. At one time he worked for

Market Motors, which is located in Parkersburg. (PEU, pp. 7-9, and 12).

At this time Mr. Umstot owns an old wrecker, and he intends to purchase

a new one if he is granted the authority for which he has applied. He

has the necessary financial ability to make this purchase, and has

talked with a bank representative concerning obtaining a loan.

p. 9). His net worth was estimated at $60,000. The wrecker he intends

to buy is a '79 Chevrolet costing $ 7 , 6 0 0 . That price includes both the

wrecker, a 310 Holmes, and the vehicle itself. (PEU, pp. 17, and 38-39)

(PEU,

While 14r. Umstot's shop is located at the intersection of Routes 2

and 31, he intends to base his wreckers in Waverly at his residence.

(PEU, pp. 12-13, and 28). He will drive the wrecker to his shop each da

(PEU, pp. 36-37). Mr. Umstot intends to drive the wrecker himself. In

addition, he intends to train his son to drive it. While his son has

never driven one, he has worked around them. Mr. Umstot also plans on

hiring another man within seven (7) days of the date that his applicatio

is granted. However, he does not have any particular person in mind.

He will provide 24-hour service 7 days per week. (PEU, pp. 18, and 30-35

Before presenting public witnesses in his behalf, Mr. Umstot

testified as to his personal knowledge concerning a public need for

additional wrecker service in the Waverly area, and also concerning the

adequacy and efficiency of the service being provided by other

certificated wrecker services that operate in the Waverly area.

Mr. Umstot demonstrated the public need for additional wrecker service

by pointing out the number of wrecks occurring in the Waverly area, and

PUBLIC O F 6 E W ~ ~ s ' o N

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t he d i s t ances which t h e c e r t i f i c a t e d wreckers had t o t r a v e l t o g e t t o

t h e scene. This d i s t ance r e s u l t s i n delays i n rece iv ing wrecker service5

and thus inconveniences the publ ic . According t o mileage readings on hi:

odometer, t he d i s t ances from h i s proposed base of opera t ion t o t h e base

of opera t ions of t h e p r o t e s t a n t s were:

To H & PI Motors, 1 6 . 2 m i l e s , including 7 . 5 m i l e s w i th in the Parkersburg c i t y l i m i t s ;

To Parkersburg bJrecker, 12 .3 mi l e s , including 3.6 m i l e s w i th in t h e Parkersburg c i t y l i m i t s ;

To Market Plotors , 1 1 . 9 mi les , including 3.2 miles w i th in t h e Parkersburg c i t y l i m i t s ;

The d i s t ance t o Emerick Brothers was est imated t o be about t h e same a s t h e d i s t ance t o Parkersburg Wrecker.

The d i s t ances t o Davis and Clovis Motor Companies i n S t . Marys was estiriiated t o be 1 6 m i l e s . (PEU, p p . 10-11, 21, and 47) .

Concerning h i s f i g u r e s , M r . Umstot noted t h a t i t i s 8 . 7 m i l e s from h i s

base of opera t ion t o the Parkersburg c i t y l i m i t s , and t h a t t he mileage

f i g u r e s he provided a r e f o r one-way t r i p s wi th no shor t cu t s through

Parkersburg. (PEU, pp . 24-26). I t should be noted t h a t small wreckers

should be a b l e t o l e g a l l y t r a v e l through t h e c i t y wi th no problem.

To f u r t h e r demonstrate t h e ex ten t t h a t t h e publ ic needs wrecker

s e r v i c e i n the Waverly a r e a , Mr. Umstot t e s t i f i e d t h a t he personal ly

needs wrecker s e rv i ces a t l e a s t two times per month t o tow veh ic l e s t o

and from h i s r e p a i r shop. Normally he i s i n no hurry f o r s e r v i c e arid

can wai t 1-3 hours t o r ece ive i t . Also, M r . Umstot es t imated t h a t

between 15 and 25 persons have approached him a t h i s p lace of s e r v i c e t o

reques t wrecker s e r v i c e . When approached, he r e f e r s them t o o the r

ope ra to r s . (PEU, p p . 12-13, and 1 6 ) .

Ilr. Umstot t e s t i f i e d t h a t m o s t wrecks i n t h e Waverly a rea a r e

wi th in f i v e mi les of h i s home. Fur ther , while one can always g e t a

wrecker a t Waverly, t i m e delays can o f t e n be from 1 1 / 2 t o 2 hours .

On t h e o the r hand, s e r v i c e can sometimes a r r i v e i n t h i r t y (30) minutes.

(PEU, pp . 14, and 44 ) .

M r . Umstot r e l a t e d one in s t ance s p e c i f i c a l l y concerning delays i n

s e r v i c e which occurred on January 23, 1980. A t t h a t time someone came

t o h i s house t o c a l l a wrecker. The person needing a wrecker had s l i d

i n t o a d i t c h . Ca l l s were made t o Market Motors which cou ldn ' t come, and

PUBLIC SE OF W ~ ~ s l O N C

to Parkersburg Wrecker, Inc. It was 1 1 : 3 0 a.m. when it was called, and

1 : 0 5 p.m. when a wrecker finally arrived to pull the person out of the

ditch.

the closest wrecker service to the area.

factor to this delay was that it was a snowy day with slick roads, and

the wrecker services may have been busy, (PEU, pp. 1 4 - 1 5 ) .

It took this long despite the fact that Parkersburg Wrecker was

One possible contributing

Mr. Umstot believes there is one call per week for service on

Route 2, and he has seen cars sit along that road for 3-4 hours. It

is his personal belief that the public convenience and necessity in both

Wood and Pleasants Counties would be better served if his application

was granted. (PEU, pp. 20-21).

The first public witness to be presented in the applicant's behalf

was Charles Travis. Mr. Travis lives in Wood County on State Route 31

near the intersection of Routes 2 and 3 1 . He has lived there for 25

years, and currently works for the Meredith Manor School of Horsemanship

He testified as to the general need of the school for wrecker service,

and also the need of members of the student body attending the school.

He estimates that the school needs wrecker service 6-8 times per year,

and that the students need wrecker service more often than that. He

also estimated that 75% of the student body, which numbers 200 students,

bring their own cars. He sees wreckers at the school each month for a

student's vehicle. (CT, pp. 61-63 and 7 0 ) . Mr. Travis has never person

ally called a wrecker for the school, and apparently has no authority to

do s o . His knowledge consists solely of what he has observed. (CT, p . 71

Mr. Travis also testified generally as to a public need that

is experienced by the Waverly Volunteer Fire Department. He is a

volunteer in that department, and his experiences indicate that it takes

from one to one and one-half hours to get service when the fire depart-

ment needs it. He estimated its need to number 1 2 - 1 5 times per year.

For more particular information about the need for wrecker service

by the volunteer fire department, Mr. Travis deferred to the testimony

of Darrell Gates. (CT, pp. 65 and 7 4 ) .

Mr. Travis feels that Mr. Umstot is a capable and proper person

to hold a certificate. He bases this feeling on the fact that Mr. Umsto.

runs a good repair business. He also feels that it is in the public

interest for him to hold a certificate, since Mr. Umstot is located so

PUBLIC SERVICE COMMISSION

OF :mN1*

much closer to the school. The school is approximately 5 miles south o f

Waverly, towards Parkersburg. He estimated that the travel time for

Mr. Umstot to arrive at the school from his place of business would be

only five minutes. Having Mr. Umstot certificated would be more

convenient for the school both in terms of waiting time, and in having

the man who does repair work for the school able to tow the vehicles he

will have to work on. While noting that wrecker service provided by

other services was satisfactory (not too delayed), Mr. Travis felt that,

depending on the circumstances, the school would use the wrecker service

that Mr. Umstot would provide, (CT, pp. 65-69, and 76-80) .

Darrell Gates was the next public witness to appear on behalf of

the applicant. He lives on State Route 2 in Wood County, approximately

4 miles south of Waverly. He works for E. I. DuPont, and is a four year

member of the Waverly Volunteer Fire Department. The Waverly Volunteer

Fire Department is located on Route 2 and covers fires in the area on

Route 2 from Waverly south to Parkersburg, and from Waverly north, 2-3

miles. He estimates that the volunteer fire department answers calls

concerning wrecked cars 13-15 times per year. In a l l instances, a

wrecker is needed, The call for the wrecker is made by either the

Sheriff's Department, or the State Police, and the closest wrecker

services are in Parkersburg. By his estimate, it takes 35-90 minutes

for a wrecker to show up at the scene of an accident. This applies to

service on 1-77, Route 31 , and also Route 2. (DG, pp. 8 2 - 9 1 ) .

Mr. Gates is also aware of two instances where the volunteer fire

department itself has needed service. Additionally, he has had people

come to his house on the average of one time per month to call a wrecker.

Waiting time at his house is 35-90 minutes, and longer when the roads

are bad. (DG, pp. 9 2 - 9 3 ) .

Under cross-examination Mr. Gates noted that H & M usually responds

to wrecker service calls for small vehicles, and it is always Emerick

Brothers responding for large vehicles. Since three of the 13-15 calls

were for tractor-trailers, and since Fr. Urnstot will only have a 1-3

ton wrecker, Emerick Brothers will still have to be called at times for

the large vehicles. (DG, pp. 96-97) . Mr. Gates also noted that he did

not know when wrecker services were actually called by the law enforcement

PUBLIC SERYI OF W e f S ' O N C

o f f i c i a l s , and t h e r e f o r e could n o t answer whether o r n o t t h e delay i n

rece iv ing s e r v i c e was due t o someone o the r than t h e wrecker s e rv i ces

themselves. (DG, p . 1 0 1 ) . F i n a l l y , M r . Gates admitted t h a t he d i d n ' t

know o f any veh ic l e s which s p e c i f i c a l l y were towed from t h e scene of an

acc ident t o M r . Umstot's p l ace of business f o r r e p a i r s . (DG, p . 1 0 8 ) .

M r . Gates summarized h i s testimony by saying t h a t t h e volunteer f i r e

department needs an a d d i t i o n a l wrecker s e r v i c e so t h a t t h e pub l i c w i l l

be b e t t e r served, and t h a t one can never have enough wrecker s e rv i ces t o

be p e r f e c t l y s a f e . (DG, p . 110).

James R . Miller t e s t i f i e d a s t o a need f o r a d d i t i o n a l wrecker

s e r v i c e i n P leasants County, and a s t o t h e inadequacy of s e r v i c e being

received from Davis Motor Company and Clovis Motor Company.

l ives below Belmont i n P leasant County, and has done so f o r approximate1

four years. Belmont i s loca ted no r th of Waverly on Route 2 , approximately

f i v e m i l e s from the County Line. This i s about 5-6 miles from M r . Uixstot

proposed base of opera t ion . The two c e r t i f i c a t e d common c a r r i e r s provid

ing wrecker s e r v i c e i n P leasants County a r e Clovis , and Davis Motor

Companies. Those two c a r r i e r s a l s o dea l i n new c a r s . M r . Miller has

had one personal experience involving wrecker s e r v i c e . That experience

occurred 1 1 / 2 t o 2 years ago on Route 1 6 .

Motor Company and had t o wai t approximately one hour f o r s e r v i c e , and

when t h e wrecker s e r v i c e f i n a l l y d id show up, i t was only with a van,

and no t a wrecker. (JRM, pp. 112-115).

M r . Miller

A t t h a t time he c a l l e d Davis

M r . Miller es t imated t h a t t h e frequency of auto acc iden t s on Route

2 was approximately one p e r week. He be l i eves t h a t most wreckers come

from Parkersburg when they a r e needed. H e f e e l s t h a t i t would be a

"grea t advantage" t o t h e community i f an a d d i t i o n a l wrecker s e r v i c e were

a v a i l a b l e from M r . Umstot. Fur ther , he f e e l s t h a t M r . Unistot would do

a f i n e job , e s p e c i a l l y from h i s proposed l o c a t i o n . Other than t h e one

experience wi th wrecker s e r v i c e r e l a t e d above, M r . Miller was n o t

f a m i l i a r with wrecker s e r v i c e provided i n t h e a r e a . (JRM, pp. 116-118).

IC. R . Davis t e s t i f i e d a s t o t h e need f o r a d d i t i o n a l wrecker s e rv i ce

i n Waverly, and a l s o t h e inadequacy of s e r v i c e being provided by Davis

Motor Company and Clovis Motor Company. M r . Davis i s a twenty-five

year r e s i d e n t of Waverly, and has been i n business opera t ing two

PUBLIC BERVICE COMMISSION

corporations for approximately eight years. The two businesses he

operates are IVS, Inc., and IVS Hydro, Inc. IVS Hydro owns seventeen

vehicles, and IVS owns three more. (KRI), pp. 119-121).

Mr. Davis has had several experiences involving wrecker service.

He has called Emerick three times to pull his heavy equipment, and while

he was in Parkersburg, he has called Davis and Clovis Motor Companies

to tow him before also.

neither was available. In that particular instance, Market Motors towed

him.

repair work for him. (KRD, p . 122, and 131-134). There was another

time when after waiting one hour for a wrecker from Parkersburg, that he

called Clovis Motor Company, and at that time it sent Davis Motor

When he called Davis and Clovis Motor Companies,

His reason for calling Clovis Motor Company was because it does

Company to the accident scene. (KRD, p . 123, and 131-134).

Service provided by Market Motors and Emerick Brothers has been

satisfactory when he has used them.

Parkersburg area wrecker services. At all times he uses the service

which is most convenient to him. Thus, Mr. Davis will use Mr. Umstot's

service if a certificate is granted to him whenever it will be more

convenient to him, or to his businesses, to use Umstot's service. He

feels that a need exists for additional wrecker service in the Waverly

area, and he specifically noted one other instance where he waited all

night on a wrecker at his home after a car had run into the gas meter in

his yard, and damaged it causing gas to leak into the air. He implied

that this was a very hazardous situation, and that the slow response

endangered the general public. (KRD, pp. 124-139).

He has not used any of the other

Donald G. Pittman lives on Route 1 in Waverly. He owns and operates

9 grocery store on Route 2 in Waverly. He has owned a grocery store for

1 and 1/2 years, and has lived in the area for thirty-nine years.

estimated that people came to his store approximately twenty times last

year to call a wrecker. He noted that it takes anywhere from 35 minutes

to 90 minutes to get service. He also has personally needed a wrecker

st 39th Street in Vienna. At that time, Parkersburg Wrecker responded

?romptly, taking only 30 minutes to get there. He stated that he believe

there is a need for service in the Waverly area, and that it would be

nore convenient, and also cheaper, to have a locally operated wrecker

He

PUBLIC SSRVlCE COMMISSION

se rv ice . F i n a l l y , he t e s t i f i e d t h a t M r . U m s t o t i s a f i t and proper

person, and t h a t he would use h i s s e r v i c e whenever i t i s t h e c l o s e s t

s e r v i c e t o h i s l o c a t i o n . Under cross-examination, M r . Pit tman cont ra -

d i c t ed himself somewhat by saying t h a t i t i s n ' t t he t i m e element which

i s the problem, but r a t h e r t he people simply needing more wrecker

s e rv i ce . (DGP, pp . 140-146) . The foregoing c o n s t i t u t e d a l l of t h e evidence presented by t h e

app l i can t i n t h i s proceeding. Testimony w a s a l s o presented by t h e

P r o t e s t a n t s who appeared, and a l s o by two witnesses appearing i n t h e

p r o t e s t a n t ' s beha l f .

Ransford Heckert i s Pres ident of H & M Wrecker Serv ice , I n c .

H & M has common c a r r i e r a u t h o r i t y f o r Parkersburg, b7ood County, and

po in t s and p laces i n West Virg in ia . H & M o p e r a t e s from a base loca ted

a t 100 Broadway Avenue i n South Parkersburg, one mi le from 1 - 7 7 . I'i SC PI

has a communication cen te r where t rucks a r e r ad io dispatched a f t e r phone

c a l l s a r e rece ived . It employs t h r e e d r i v e r s who work from 8 : O O a.m. t o

4:OO p . m . ; 2-3 d r i v e r s who work from 4:OO p.m. t o 12:OO a .m. ; and one

d r i v e r from 12:OO a.m. t o 8 : O O a.m. During t h e midnight s h i f t , a l l

af ternoon d r i v e r s a r e on c a l l . H & M d ispa tchers a r e r o t a t e d hour ly .

(RH, pp. 148-150).

Mr. Heckert t e s t i f i e d t h a t according t o h i s odometer reading , t h e

d i s t ance from t h e cen te r of Parkersburg t o Waverly, i s 1 3 1 / 2 miles.

He s t a t e d t h a t t h e response t i m e allowed by S t a t e P o l i c e t o t h e scene of

an acc ident i s only 15-20 minutes. He a l s o noted t h a t a l l l a w enforcemez

agencies use a r o t a t i o n b a s i s t o c a l l f o r s e r v i c e , un le s s a person a t

t he acc ident scene r eques t s a s p e c i f i c wrecker s e r v i c e . (RH, p p . 152-151

and 158). H & M , provides AAA s e r v i c e along wi th some o t h e r s , and i t

tows f o r t h e Parkersburg Ci ty Po l i ce . It a l s o has towed Waverly

Volunteer F i r e Department f i r e t rucks f o r seven years without charging

anything f o r t h e s e r v i c e provided. (RH, p . 155).

I n an attempt t o expla in p a r t of t h e delay problems, M r . Heckert

noted t h a t 95% of t h e time a law enforcement agency makes t h e c a l l f o r

wrecker s e r v i c e . Before dispatching a t ruck , i t i s normally necessary

t o wa i t f o r t h i s c a l l from t h e law enforcement agency. M r . Heckert

explained t h i s a s fo l lows:

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Q volunteer f i r e department might be c a l l e d ou t on who would normally d ispa tch a wrecker t o a scene l i k e t h a t ? "

"What about a wreck i n t h e Waverly a rea t h a t t h e

A "Okay, t he l a w enforcement agencies , working i n con- junc t ion with t h e Publ ic Service Commission, d o n ' t want us chasing r ed l i g h t s , and they d i c t a t e and de lega te who i s going t o respond t o keep t h e response t i m e e f f i c i e n t and t o keep i t from being a l o t of problems and unnecessary expenses t o t h e d i f f e r e n t opera tors showing up.

So, i t ' s been necessary, wi th so many d i f f e r e n t people c a l l i n g you, t h a t w e wai t f o r t h e proper c a l l from t h e law enforcement agencies and they g ive us the information a s t o what s i z e t ruck t o b r ing , whether t o run r ed l i g h t s t o g e t t h e r e , what t he circumstances a r e . "

Q " A r e you t e l l i n g me t h a t i n t h e case of a wreck, they gene ra l ly respond t o a c a l l from a law enforcement agency?"

A "Right. Not s o l e l y , bu t 95 percent of t h e t ime, w e ' l l respond a t t h e d i r e c t i o n of a law enforcement agency.

T h a t ' s t he way i t ' s been d i c t a t e d i n t h e p a s t ; t h a t ' s t he way t h e law enforcement agencies want i t . They d o n ' t want u s responding t o f i r e department c a l l s and then t r y i n g t o do an acc ident r e p o r t . When w e g e t t h e r e , they want t o c l e a r t h e road though t h e law enforcement h a s n ' t even got t h e r e and taken t h e acc ident r e p o r t o r taken any p i c t u r e s . So, we have t o work under t h e c l o s e d i r e c t i o n of l a w enforcement. '' (RH, pp . 155-156) . M r . Heckert s t a t e d t h a t business i s down 25% t h i s year versus

l a s t year , and t h a t t h e cu r ren t average number of c a l l s p e r day i s

twenty-seven. €1 & M d id add an a d d i t i o n a l wrecker l a s t year , bu t n o t i n

response t o increased need. Rather i t was done i n response t o a t rend

they de tec ted towards middle s i z e t r u c k s , H & M has t h e capac i ty t o tow

any s i z e v e h i c l e , and i t s t o r e s a l l towed c a r s i n i t s salvage yard which

has a Department of Highways l i c e n s e . This salvage yard i s operated a s

a business i n a d d i t i o n t o t h e wrecker business . (RH, p p . 159-161).

Besides testimony concerning H & M's s e r v i c e , M r . I-Ieckert made some

comments concerning M r . Umstot's proposed ope ra t ions . He t e s t i f i e d t h a t

t he wrecker M r . Umstot proposes t o buy can s a f e l y handle small t o middle

s i z e c a r s . He f e e l s t h a t i t could not handle a pickup t ruck o r a f u l l

s i z e automobile. Fu r the r , he f e e l s t h a t wrecker d r i v e r s should be very

experienced. (RH, pp. 167-168). H e be l i eves t h a t no need e x i s t s f o r

a d d i t i o n a l wrecker s e r v i c e , and t h a t gran t ing t h e a p p l i c a t i o n would do

h i s business an economic harm. He noted t h a t more than t h i r t y veh ic l e s

a r e a l ready l i censed t o n ine opera tors i n t h e Parkersburg a r e a .

sentiments concerning a d d i t i o n a l wrecker s e r v i c e a l s o apply t o t h e

H i s

Waverly a r e a . H & M answers only one o r two c a l l s p e r month t h e r e , and

m PUBLIC SERVICE COMMISSION

OF I -10-

he f e e l s t h a t i s an i n s u f f i c i e n t amount of business t o support a l o c a l

wrecker s e rv i ce . (RH, pp . 162-168, 1 7 1 , and 1 9 9 - 2 0 0 ) .

I n order t o provide good pub l i c s e r v i c e , whenever H & M cannot do

t h e job promptly, o the r wrecker s e rv i ces a r e c a l l e d . P r i o r t o t h i s

hear ing , M r . Heckert had heard no complaints about H & M's s e r v i c e .

(RH, pp. 162-168).

H & M a l s o at tempts t o provide b e t t e r publ ic s e r v i c e , and t o save

on f u e l c o s t s , by having i t s d r i v e r s s t a y o u t i n t h e motor c a r a r e a a f t e r

making a tow. The t rucks a r e dispatched from t h e i r s t a t i o n o r l o c a t i o n

once another c a l l i s rece ived . He be l i eves t h a t t h i s manner of operation,

along with the new communication system se t -up , including t h e r o t a t i n g

o f c a l l s between wrecker s e r v i c e s , has allowed t h e publ ic t o r ece ive

good s e r v i c e , and has e l iminated t h e dup l i ca t ion of wrecker s e rv i ces

a t t end ing a wreck scene. (RH, pp . 1 7 2 , 183, and 203).

Emerick Brothers Garage, a pa r tne r sh ip , has operated a t ruck se rv ice

and a wrecker s e r v i c e f o r 22 years .

and v i c i n i t y , with occasional t r i p s t o po in t s and p laces i n West Virginia

It p resen t ly has four v e h i c l e s , and i s bu i ld ing another .

business i s towing l a r g e v e h i c l e s . Ralph Emerick, a p a r t n e r , es t imates

t h e d i s t ance t o Waverly a t 12-14 m i l e s from the garage l o c a t i o n i n t h e

cen te r of town. A l l veh ic l e s a r e r ad io equipped, and do n o t r e t u r n t o

t he base of opera t ions immediately a f t e r a tow.

c a l l e d i n , t h e wrecker i s dispatched from i t s l o c a t i o n . I f no o the r job

i s a v a i l a b l e , t h e wrecker r e t u r n s t o t h e base. Twenty-four hour s e r v i c e

i s provided, w i th t h e a f t e r -hour s s e r v i c e a v a i l a b l e by phone c a l l s t o

t h e homes of t he pa r tne r s and d r i v e r s . (RE, p p . 206-210). H e es t imates

t h a t t r a v e l t i m e t o Waverly i s 30-45 minutes.

l a r g e wreckers, and i s g r e a t e r than t h a t of smaller wreckers s i n c e l a r g e

wreckers are slower than small ones. He doesn ' t be l i eve t h a t Waverly by

i t s e l f would be a b l e t o support a wrecker s e r v i c e , and f e e l s t h a t t h e

publ ic i s a l ready w e l l served.

t h i s year , and i t i s poss ib l e t h a t t h e gran t ing of common c a r r i e r

a u t h o r i t y , a s reques ted , w i l l adversely a f f e c t h i s bus iness . However,

s i n c e t h e wrecker Paul U m s t o t in tends t o purchase i s f o r smaller type

v e h i c l e s , any business which Paul Umstot would r ece ive i f h i s a p p l i c a t i o ~

I t holds a u t h o r i t y f o r Parkersburg

I t s primary

I f another job i s

This t r a v e l time i s f o r

Fur the r , h i s business i s down a l i t t l e

I ' PUBLIC SERVICE COMMISSION

OF 7.'""'* m -11-

were t o be granted, would not g r e a t l y a f f e c t t h e Emerick Brothers Garage

The only poss ib l e a f f e c t would be on t h e number of pickup t rucks t r a n s -

ported. (RE, pp . 210-217).

M r . Emerick does not r ece ive c a l l s from t h e law enforcement o f f i c i a

i n t h e a rea on t h e r o t a t i n g sys t em.

about any 15-20 minute requirement f o r responding t o a c a l l t h a t Mr.

Heckert r e f e r r e d t o above, and no policeman has ever t o l d him about i t .

F i n a l l y , he noted t h a t he sees nothing wrong wi th purchasing used

veh ic l e s i f you can f i n d them, and t h e pa r tne r sh ip does use them. (RE,

H e a l s o does n o t know anything

p p . 217-223).

John W . IIeaney i s P res iden t of p r o t e s t a n t / i n t e r v e n o r Market Notors,

Inc. Market Motors has he ld a c e r t i f i c a t e of a u t h o r i t y f o r a t l e a s t

t e n yea r s . I t i s loca t ed i n t h e n o r t h end of Parkersburg, and while i t

p resen t ly has seven o r e i g h t wreckers t o t a l , i t only l i c e n s e s and

opera tes t h r e e . A t t h i s t i m e , business i s down 20%, and Market Motors

i s averaging only 20-30 c a l l s p e r day.

s e r v i c e c a l l s on a r o t a t i o n b a s i s from both t h e Ci ty of Parkersburg, and

the S h e r i f f ' s Department. (JWH, pp . 225-229).

Like €I & M , i t a l s o rece ives

Market Motors' opera t ing procedure has t h e wreckers r e tu rn ing t o

t h e i r base of opera t ion , o r t o Mr. EIeaney's home, a f t e r a s e r v i c e c a l l

i s f i n i s h e d . A t t h e present time only one of h i s wreckers i s r ad io

equipped, s i n c e the o t h e r two were r e c e n t l y vandal ized. Radios are on

o rde r t o r ep lace those which were s t o l e n . During t h e night t ime hours

the phone r i n g s a t h i s home. (JWH, pp . 232-243).

Concerning M r . Umstot's proposed opera t ion , M r . Heaney sees nothing

wrong wi th t r a i n i n g d r i v e r s t o opera te a wrecker who have no experience

a s M r . Umstot proposes t o do. However, he does f e e l t h a t any a d d i t i o n a l

a u t h o r i t y granted M r . Unistot w i l l h u r t h i s bus iness , and wi th h i s t r a v e l

t i m e t o Waverly being only 30 minutes, t h e pub l i c i s n o t l i k e l y t o be

much b e t t e r served, i f any. H e d id admit, however, t h a t i f he runs a

good bus iness , i t i s l i k e l y t h a t h i s business w i l l no t be a f f e c t e d t h a t

much. (JWH, pp. 232-243).

The Pres ident and Manager of Parkersburg Wrecker Company, I n c . ,

Louis J . Balzano, t e s t i f i e d i n i t s b e h a l f . Parkersburg Wrecker has

common c a r r i e r a u t h o r i t y f o r Wood County, and po in t s and p laces i n West

3

m -12- PUBLIC SERVICE COMMISSION

Virginia.

It currently has eight vehicles licensed, which range in size from one

ton, up to 2 l/Z-tons. It also operates two tilt-bed vehicles. The

majority of the wreckers owned by Parkersburg Wrecker are smaller ones,

but Parkersburg Wrecker does any type of towing, and has six full-time,

and two part-time, drivers to provide any service the public requires.

Its base of operation is located at the north end of Parkersburg, towards

Vienna, and it is exactly eight miles from the town to Waverly. He

estimates travel time to Waverly at 2 0 to 25 minutes. All of its vehicles

are radio equipped, and are available 2 4 hours per day to respond to a

service call. (LDB, pp. 2 4 4 - 2 4 7 , and 2 5 4 ) .

It has a restriction for within five miles of New Martinsville

Mr. Balzano feels that the current system of rotating calls among

certificated wreckers operators is a good one, and that nine out of ten

times only one wrecker will show up at an accident scene. Whenever

more than one does show up, it can hurt the service the public receives.

Also, in at least one instance, the delay in receiving service was due

to a slow law enforcement dispatch call. (LJB, pp. 2 4 8 - 2 4 9 , and 2 5 4 ) .

Parkersburg Wrecker's business is off 17% this year. Mr. Balzano

feels that while not much of its business is in Pleasants County, the

granting of any additional authority would hurt his business since it

answers as many service calls to Waverly as any of the other operators,

and possibly twice as many runs during winter. He also feels that the

service already being provided to the Waverly area is adequate. (LJB,

pp. 2 5 0 - 2 6 7 ) .

While opposed to the application, Mr. Balzano sees nothing wrong

with Mr. Umstot's intentions to train his son to operate a wrecker.

(LJB, p. 2 6 6 ) . But, he does not feel that there is enough business in

the Waverly area to justify an additional wrecker service, and he feels

that at least in some instances the delays complained of are being

caused by dispatchers of the law enforcement agencies.

who is responsible for delays, he does not know of any time where a

person has had to wait one hour. (LJB, pp. 2 5 2 - 2 6 7 ) .

Regardless of

In addition to the representatives of the protestant/intervenors

which appeared, there were two public witnesses presented on their behalf

One was Harold Dotson who drives a limousine for Taxi and Limousine, Inc.

He has driven for it for 1 1 / 2 years, and before that he drove a cab for

I

PUBLJC SERVICE COMMISSION

OF -13- II

5 1/2 years for Weiser Cab in Parkersburg.

now works for is owned by the Heckert family.

which owns H & M Wrecker Service, Inc. Over a seven year period he has

become familiar with wreckers, and he now normally calls 11 & M Wrecker

Service.

wrecker service. and to emphasize his point, he noted one specific

instance at the airport which is located within a couple miles of

Waverly. He has called for wrecker service from there, and has never

seen any delays in service, and doesn't know of any need for additional

service when it's only 20 minutes from Parkersburg anyway. (HD, pp.

The limousine business he

This is the same family

He testified that he has not seen any need for additional

271-275).

The second public witness to appear on behalf of the protestants/

intervenors was Elsa Fleming. She is the Manager of Community Moving

and Storage, a household mover. Prior to working with that company, she

worked for 24 years for Curry Transfer and Storage, the Allied Van Lines

Agent in Parkersburg. Neither of these companies is related to, or ownet

by, the Heckert Family. (EF, pp. 279-280).

In Parkersburg her company has a tractor-trailer, four straight

trucks, and one pack-down. Her company occasionally uses wreckers, and

during the month prior to the hearing, she used wrecker services four

times. Through her business, she has had experiences with several of

the wrecker services in the Parkersburg area including: H & M, Parkersbur

Wrecker, and Emerick Brothers Wrecker Services. She has had no experience

with Market Motors, Clovis Motor Company, or Davis Motor Company. In

all instances, the service which she has received has been good. (EF,

pp. 281-283).

She noted that she never has had a truck break down in the Waverly

area and thus has no knowledge about the adequacy and efficiency of

wrecker service in the Waverly area. But, even if one of her trucks had

a breakdown there, since the service she has received from the Parkers-

burg area services has always been good, it is not likely that she would

use Mr. Umstot's service. To her, good service is especially important,

since the persons towing furniture trucks must be careful not to damage

the expensive goods which are often being transported.

her feelings on using Mr. Urnstot's service might change after Mr. Umstot

establishes himself as being a good wrecker operator. (EF, pp. 279-2851.

She noted that

PUBLIC SERVICE COMMISSION

-14-

Elsa Fleming has had one experience when she personally needed

wrecker service. That service was provided by Market Motors, and it was

excellent. (EF, pp. 286-289).

Based on all her experiences, she does not feel a need exists in

the Parkersburg area for additional wrecker service, and she has no

complaints about wrecker operators waiting on the police to respond

because she wants to have a police report for insurance purposes. (EF, pp. 286-289).

DISCUSSION OF APPLICABLE L A W INCLUDING CONCLUSIONS OF LAW

The West Virginia Public Service Commission is vested with the

power and authority to supervise and regulate all common carriers by

motor vehicle so that adequate transportation service is provided to the

territory traversed by the carriers. West Virginia Code Ann. 824A-2-3.

Whenever the public convenience and necessity require a proposed service

or any part thereof, the Commission must issue the certificate to the

extent the need is demonstrated. West Virginia Code Ann. 524A-2-5.

In all applications, the burden of proof is upon the applicant to

demonstrate that the public convenience and necessity requires its pro-

posed service. West Virginia Code Ann. §24A-2-5(b).

The West Virginia Public Service Commission has adopted a policy

favoring amendments to existing, or applications for new, certificates

D f convenience and necessity in an area already being served by certificatc

common carriers. This position has been adopted as a result of two

forces: A desire to foster "regulated competition" as opposed to

"regulated monopoly;" and the provision by the West Virginia Legislature

for deregulation of common carriers by motor vehicle engaged in the

business of towing, hauling, or carrying wrecked or disabled vehicles,

3 s of July 1, 1982. Mac's Wrecker Service, Inc., M.C. Case No. 3358

(1979) . (Hereinafter "Mac S I r ) .

As authority to support the finding in Mac's that West Virginia

Eollows a policy of "regulated competition" in common carrier cases &n

3 defined territory, the Commission cited Weirton Ice and Coal Supply

2ompany v. Public Service Commission, 240 S . E . 2d 686 (W.Va. 1977),

m d W.Va. Code Ann. 524A-2-5 (Cum. Supp. 1980). The Commission has not

PUBLIC 6E M M 1SBlON OF WEST VIRGINIA - 1 c;- - L J -

CHARLESTON

only found that West Virginia follows a policy of promoting regulated

competition, it also supports it: "allowing the applicant the right

to compete and meet the public demand for its services is not promoting

unfair and unscrupulous competition.'' Mac's, supra, at p. 5.

Under the doctrine of "regulated competition,'' the burden of proof

This burden requires that the appli- still remains upon the applicant.

cant show to the satisfaction of the Commission that the public

convenience and necessity require the proposed service. Weirton Ice

and Coal Supply Company v. Public Service Commission and Mac's, supra;

and W.Va. Code Ann. 924A-2-5 (Cum. Supp. 1980). The best indication

that the public convenience and necessity require the proposed service

is by testimony from disinterested members of the public.

_I-

Other factors to be considered in determining whether the public

convenience and necessity require the proposed service include:

(1) The adequacy and efficiency of current service; and

(2) The desirability of additional competition.

According to Mac's, supra, the burden is not placed upon the applicant t

prove that current service is inadequate and inefficient, and no such

finding is required before an application may be granted.

service is shown to be inadequate and inefficient, it serves to provide

further evidence that the public convenience and necessity require the

proposed service.

But, if curre

This Commission has stated that it should not render decisions, if

at all possible, minimizing the force and effect that the public selec-

tion process has on the quality of service offered to the public.

Mac's, - supra. Thus, this Commission will attempt to not inhibit consunie

choice. It is only when: (1) an applicant does not meet its slight

burden of showing that the additional competition would be in the public

interest for the application at hand; (2) it is shown that service from

existing transportation facilities is reasonably adequate and efficient;

or, (3 ) when the protestants/intervenors show that the granting of the

application will have an adverse effect on the service the public will

receive; that the application should be denied.

Once the applicant has presented satisfactory evidence that the

public convenience and necessity require the proposed service, a certain

PUBLIC SE MMISSION OF WEST VIRGINIA

CHARLESTON -16-

burden s h i f t s t o any p r o t e s t a n t s o r i n t e rvenor s . Their burden i s t o

show by a preponderance of t h e evidence:

(1) That s e rv i ces furn ished by e x i s t i n g t r a n s p o r t a t i o n f a c i l i t i e s a r e reasonably e f f i c i e n t and adequate; and,

(2 ) That gran t ing t h e a p p l i c a t i o n o r amendment, would s u f f i c i e n t l y a f f e c t t h e opera t ions of e x i s t i n g common c a r r i e r s t o an ex ten t t h a t e i t h e r en t ry i n t o t h e market p l ace o r an amendment t o an e x i s t i n g c e r t i f i c a t e would be cont ra ry t o t h e pub l i c i n t e r e s t . Hac’s, supra .

I n order t o show t h a t t he s e r v i c e provided by c u r r e n t l y e x i s t i n g

f a c i l i t i e s i s reasonably adequate and e f f i c i e n t , t h e Commission r e q u i r e s

t h a t evidence o the r than s e l f - s e r v i n g statements of p r o t e s t a n t s and

in te rvenors be presented before a new o r e x i s t i n g company may be prevent

ed from obta in ing new, o r d i f f e r e n t a u t h o r i t y from the Commission.

Mac’s, supra .

Applying t h e l a w t o t h e evidence discussed above, t h e following

conclusions can be made. The a p p l i c a n t , and witnesses presented i n h i s

beha l f , demonstrated a need i n t h e Wood and Pleasants County a reas f o r

a d d i t i o n a l wrecker s e rv i ce . The testimony of s eve ra l witnesses was of

a genera l n a t u r e regarding t h e i r knowledge of t h e needs of t h e genera l

publ ic f o r a d d i t i o n a l wrecker s e r v i c e . To a c e r t a i n e x t e n t , some

testimony could a l s o be considered t o be b iased . It i s a l s o poss ib l e

t h a t some of t h e witnesses may no t have had a u t h o r i t y t o c a l l f o r a

wrecker i n the i n c i d e n t s t h a t they descr ibed . However, t h e r e was

c

s u f f i c i e n t testimony regarding s p e c i f i c ins tances of personal need t o

convince t h e Examiner t h a t t h e substance of t he testimony t h a t was

genera l i n n a t u r e , and poss ib ly b iased , i s s u f f i c i e n t l y r e l i a b l e t o be

considered i n determining i f t h e app l i can t has m e t h i s burden of proof .

I t i s t h e Hearing Examiner’s opinion t h a t tlie testimony t h a t was genera l

i n n a t u r e , when combined wi th t h e testiriiony regarding s p e c i f i c i n s t ances

of a need f o r addi tona l s e r v i c e , i s s u f f i c i e n t f o r t h e app l i can t t o m e e t

h i s burden of proof . Whether t he delays i n rece iv ing s e r v i c e a r e due t o

s l o w response t i m e by t h e a l ready c e r t i f i c a t e d wrecker s e r v i c e s , o r t o

problems i n t h e law enforcement agencies , o r simply due t o t h e d i s t ance

from t h e bases of opera t ion of t h e wrecker s e rv i ces i n Parkersburg t o thc

Waverly a r e a , cu r ren t s e r v i c e being provided by e x i s t i n g t r a n s p o r t a t i o n

f a c i l i t i e s i s i n e f f i c i e n t and inadequate. Fu r the r , i t appears t o be

d e s i r a b l e t o allow a d d i t i o n a l competition s ince the publ ic may r ece ive

m - 1 7 - CHAI(LLST0N

not only better, faster service, but also less expensive service; the

distance and time by which the charge for service is calculated will be

less in many instances.

Since the applicant met his burden of proof, a certain burden

shifted to the protestant/intervenors. The testimony presented by the

protestant/intervenors, and by the witnesses presented in their behalf

allowed them to also meet their burden of proof, t o a certain extent.

It was demonstrated through testimony from representatives of the

protestant/intervenors, and from testimony of both disinterested, and

interested members of the public, that the services furnished by existinl

transportation facilities are reasonably efficient and adequate within

the area of the City of Parkersburg. Further, it does not appear that

the granting of this application to allow service in the'parkersburg

area would be in the public's best interest since granting of such

authority might sufficiently affect the operations of existing common

carriers to an extent that public service would become less. A l s o , the

same problem would likely result if Mr. Umstot provided service to the

Parkersburg area as results from Parkersburg area wreckers providing

service to the Waverly area; unacceptable delays in receiving service

would occur.

The impact of granting the authority requested for the Waverly area

will not have a substantial affect upon the operations of existing commoi

carriers since the number of calls per week received by each carrier

is only one or two. Any adverse affect on the granting of authority for

the Waverly area is outweighed by the positive, impact on public service

that will result in having a local service available to provide a quick

response.

No persons appeared to represent existing carriers in the Pleasants

County area. Since the applicant has met his burden of proof concerning

Pleasants County, his application for authority in Pleasants County

should be granted, Further, since it has been determined that Mr. Umstol

should be granted a certificate to fulfill a public need for additional

service, his proposed rates should be examined.

Rates and charges of all common carriers are to be just and reason-

able. West Virginia Code Ann. 52fkA-2-4 . To be fairly applied, they musl

also be sufficiently specific to allow one to know which rate is to

I'

-18- PUBLIC SK P t M W O N

CHARLESTON OF

apply. Therefore, the proposed rates should be adjusted to reflect what

a middle size truck is, and what a large size truck is. Finally, the

$1.00 per mile charge should be deleted, and only the hourly rate should

be used so that a uniform manner of rate determination is followed for

all services rendered.

ULTIMATE FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. Paul E. Umstot, doing business as Paul's Service Center, is

a fit and proper person to hold a certificate of convenience and

necessity from the Public Service Commission.

2. The public convenience and necessity require additional wreckel

service in the Wood and Pleasants Counties area, with the exception of

the City of Parkersburg. Further, service rendered by existing

transportation facilities in these areas is inadequate and inefficient

due to delays experienced in response time.

would also appear to be in the public's best interest.

granting of additional authority to the extent that a need was demonstrat

ed in this matter will not adversely affect the service provided by

existing carriers to an extent that it would not be in the public's

Additional competition

Finally, the

best interest to grant the application.

ORDER

IT IS, THEREFORE, ORDERED:

1. That there be, and there hereby is, issued unto the applicant,

Paul E. Uriistot, doing business as Paul's Service Center, a certificate

2f convenience and necessity designated P.S.C. M.C. F-6176, to operate

3s a common carrier in the transportation of wrecked and/or disabled

vehicles. The authority granted under this certificate shall be valid

for the transportation of wrecked and/or disabled vekicles in the Wood

znd Pleasants Counties areas, with the exception of the area within the

2ity of Parkersburg. The authority granted under this certificate shall

De valid from a base of operations located in Waverly, Wood County, West

dirginia, and occasional trips shall be allowed, in addition to the

xuthority granted above, to points and places in West Virginia.

PUBLIC OF 96 ~ywl:"""" m -19- CHARLESTON

2. That t h e app l i can t i s hereby authorized t o charge t h e followin1

r a t e s :

$15 .00 p e r hour f o r c a r s $25.00 p e r hour f o r medium s i z e t rucks (1-3 ton t rucks) $35.00 p e r hour f o r l a r g e s i z e t rucks ( t rucks g r e a t e r than

3 t o n s ) .

3 . That t h e app l i can t wi th in t h i r t y (30) days from t h e d a t e t h a t

t h i s order becomes f i n a l , f i l e a t a r i f f wi th the Commission s e t t i n g

f o r t h the r a t e s a s approved he re in f o r providing t h e aforementioned

t r a n s p o r t a t i o n s e r v i c e .

4 . That t h e holder of t h i s c e r t i f i c a t e must commence opera t ion

wi th in s i x t y ( G O ) days of the d a t e t h a t t h i s order becomes the f i n a l

order of t he Commission, o r s a i d c e r t i f i c a t e s h a l l be n u l l and void

without f u r t h e r a c t i o n of t h i s Commission.

5 . That t he Executive Secre ta ry serve a copy of t h i s dec is ion

upon t h e Commission by hand de l ive ry , and upon a l l p a r t i e s of record

by United S t a t e s C e r t i f i e d Mail, r e t u r n r e c e i p t reques ted .

6 . That leave be, and i t hereby i s , granted t o t h e p a r t i e s t o

f i l e w r i t t e n exceptions supported by a b r i e f with t h e Executive

Secre ta ry of t h e Cornmission wi th in f i f t e e n (15) days of t h e d a t e t h i s

order i s mailed. If exceptions a r e f i l e d , t h e p a r t i e s f i l i n g except ions

s h a l l c e r t i f y t o t h e Executive Secre ta ry t h a t a l l p a r t i e s of record have

been served s a i d except ions.

7 . That i f no exceptions are so f i l e d , t h a t t h i s dec is ion s h a l l

become t h e order of t h e Commission, without f u r t h e r a c t i o n o r o rde r ,

f i v e (5) days following t h e exp i r a t ion of t h e a f o r e s a i d f i f t e e n (15)

day t i m e per iod , un less i t i s ordered s tayed o r postponed by t h e

Commission.

8 . That any p a r t y may reques t waiver of t h e r i g h t t o f i l e excep-

t i o n s t o a Hearing Examiner's Decision by f i l i n g an appropr ia te

p e t i t i o n i n w r i t i n g wi th the Secre ta ry . No such waiver w i l l be

e f f e c t i v e u n t i l approved by order of t h e Commission, nor s h a l l any such

waiver ope ra t e t o make any Hearing Examiner's Decision t h e order

of t he Commission sooner than f i v e (5) days a f t e r approval of such

waiver by t h e Commission.

I/ I

Marc H a l b r i t t e r Hearing Examiner

I ILL : i l i a L ' L W - -. _. . . . - -. . . . . CHARLESTON