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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