Download OR I GINA C - Public Service Commission of West Virginia

O R IGINAC
Q.l.
Me,-,
PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
Entered:
4.C.
June 24. 1991
CASE NO. 24947-19A
?ERRY W. RHODES, dba PERRY W.
XHODES & SONS
Rule 19-A application to increase
rates and charges.
ORDER REQUIRING PUBLICATION
On May 2 , 1991, Perry W. Rhodes, doing business as Perry W. Rhodes C
Sons, filed an application with the Public Service Commission, pursuant to
3ule 19-A of the Commission's Rules and Requlations for the Government of
the Construction and Filinq of Tariffs of Public Utilities and Common
Zarriers by Motor Vehicle (Tariff Rules) requesting an increase in his
rates and charges under P.S.C. M.C. Certificate No. F-1748.
On May 9, 1991, Paul W. Stewart filed the Initial Staff Memorandum in
this proceeding. According to Staff, the Applicant's Federal Income Tax
Eiling for the year ended December 31, 1989, indicates that he qualified
to file under the Commission's Rule 19-A.
On May 29, 1991, the Public Service Commission issued a Referral
3rder in this matter, referring this case to the Division of
4dministrative Law Judges. The Order required that the Division of
Administrative Law Judges render a decision in this matter on or before
3ecember 3 0 , 1991.
On June 17, 1991, Steve Wilson, Utilities Financial Analyst, Motor
Jarrier and Solid Waste Section, Utilities Division, filed the Initial
Staff Memorandum in this proceeding. According to Staff, the proposed
rates are $1.00 per ton for the first mile and $0.10 for the first mile
thereafter for stone hauling; $30.00 per hour for the use of tandem
trucks; and $35.00 per hour for the use of tri-axle trucks.
The tariff of Farmer's Friend, Inc., doing business as Epling
rrucking of Spencer, was used as reference by Staff. This is a gravel,
sand, and stone hauler which has a current rate of $1.00 per ton for the
first mile and $10.00 per ton for each mile thereafter. The tariff of
Zooley Lumber Company of Sutton was also used as a reference by Staff.
r h i s is a log and wood products hauler with a current rate of $45.00 per
hour.
In addition to these examples, Mr. Creed Adkins, Special Studies
Section, Utilities Division, was of the opinion that the proposed rates
are reasonable.
PUBLIC S E R V l C E COMMISSION
Staff was of the opinion that, based upon these findings and opinion,
a field audit to further examine the records of the Applicant is not
deemed necessary. The increase is within reason and the nature of the
hauling business is such that the rates must be kept competitive or
business is lost.
Staff recommends that the Applicant's request to increase his rates
be approved provided proper publication is made and no protests are
received.
Upon consideration of all of the above, the Administrative Law Judge
(ALJ) is of the opinion that Perry W. Rhodes, doing business as Perry W.
Rhodes & Sons, should be required to give notice to its customers of the
Staff-recommended increased rates and charges by publishing a copy of
Tariff Form No. 10, attached hereto as Appendix A, once a week for two (2)
successive weeks, in a newspaper, published and of general circulation in
Preston County. If no written protests are filed to the Staff-recommended
rates within ten (10) days of the date of the second publication, the
rates may be finally approved. If significant protest is received, the
ALJ may determine that this proceeding should be set for a hearing.
ORDER
IT IS, THEREFORE, ORDERED that Perry W. Rhodes, dba Perry W. Rhodes &
Sons, shall give notice to his customers of the Staff-recommended rates by
publishing a copy of Tariff Form No. 10, once a week for two ( 2 )
successive weeks, in a newspaper, duly qualified by the Secretary of
State, published and of general circulation in Preston County, West
Virginia. Perry W. Rhodes, dba Perry W. Rhodes & Sons, shall make due
return to the Commission of proper certification of publication within ten
(10) days of publication.
IT IS FURTHER ORDERED that, if no substantial protest are received
within ten (10) days of the date of final publication, the Administrative
Law Judge may, following receipt of proper publication, enter a
Recommended Decision establishing final rates.
IT IS FURTHER ORDERED that, at such time as the revised rates become
effective, Perry W. Rhodes, doing business as as Perry W. Rhodes & Sons,
shall file with the Commission a proper tariff setting forth the new rates
and charges.
IT IS FURTHER ORDERED that the Executive Secretary of the Commission
shall serve a copy of this Order upon all parties of record by United
States Certified Mail, return receipt requested.
v
Mikes C. Cary
Administrative Law Judge
MCC: jas
PUBLIC S E R V I C E COMMISSION
*
APPENDIX A
PUBLIC SERVICE COMMISSION
OF WEST VIRGINIA
CHARLESTON
TARIFF FORM NO. 10
NOTICE OF APPLICATION TO CHANGE RATES
(M.C. Tariff Rule No. 19-A)
M. C. CASE NO. 24947-19A
PERRY W. RHODES, dba PERRY W. RHODES
&
SONS
On May 2, 1991, Perry W. Rhodes, dba Perry W. Rhodes & Sons, filed an
application from the Public Service Commission to increase his rates under
P.S.C. M.C. Certificate No. F-1748. The Applicant hauls lumber, coal and
low-grade commodities.
The proposed rates are $1.00 per ton for the first mile and $0.10 per
ton for each mile thereafter for stonehauling; $30.00 per hour for the use
of a tandem truck; and $35.00 per hour for the use of a tri-axle truck.
Any person affected by this rate change has the right to protest or
to be heard as to why the change should not be allowed, either wholly or
in part. Anyone desiring to protest the requested rates and charges must
do so, in writing, within ten (10) days after the date of publication of
this notice. All protests should be addressed to the Executive Secretary,
Public Service Commission of West Virginia, P. 0 . Box 812, Charleston,
West Virginia, 25323.
To help the Commission determine the justification for additional
review and investigation, protests must be specific as to the reasons that
the requested rates and charges must be modified. In addition, anyone
desiring a hearing in this matter must demand a hearing in the letter of
protest. If no hearing is demanded, the requested rates may be approved.
PERRY W. RHODES,
dba PERRY W. RHODES & SONS
PUBLIC S E R V I C E COMMISSION