OF WEST VIRGINIA CHARLESTON

Transcription

1 OF WEST VIRGINIA CHARLESTON I Entered : August 8, 1985 M.C. CASE NO C TRI-W's, INC., a corporation, Wayne, Wayne County. Application for a certificate to operate as a common carrier. HEARING EXAMINER'S RECOMMENDED DECISION PROCEDURE On March 15, 1985, Tri-W's, Inc., a corporation, Wayne, Wayne County, filed an application for a certificate of convenience and necessity to operate as a common carrier by motor vehicle in the transportation of-- mobile homes within and between points and places in Wayne County on the one hand and points and places in West Virginia on the other hand. All moves will begin or end in Wayne County. Notice was given by publication of the filing of the application and protest was received to the granting of the authority applied for herein. By order entered on April 30, 1985, this matter was set for hearing to be held in Charleston, West Virginia, on May 20, The Applicant failed to appear at said hearing and the Hearing Examiner indicated on the record that the application would be dismissed, with prejudice, barring reapplication for a period of one year. Subsequently, the Applicant advised the Commission that it did not receive notice of the hearing scheduled for May 20, 1985, until May 24, As a result, by order entered on May 31, 1985, the Commission scheduled this matter for additional hearing, to be held in the Com- mission's Hearing Room, Charleston, West Virginia, on July 2, 1985, at

2 which time and place the Applicant was ordered to appear and prosecute the application. Leave was granted to anyone interested to file any objection to the application at any time on or before the day of hearing. The hearing was held as scheduled with Homer W. Hanna, Jr., appearing on behalf of the Applicant and Alexander J. Ross appearing on behalf of the Protestant, St. Albans Mobile Home Movers. Both the Applicant and the Protestant were also present by their proper officers. Mr. Ross indicated that he was also appearing on behalf of Economy Garage, however, no representative of that Protestant ever appeared at the hearing or presented testimony. The Applicant presented the testimony of four witnesses, including the President of Tri-W's, Inc. The Protestant presented the testimony of Charlotte Ann Landers, who, along with her husband, owns and holds all of the stock in St. Albans Mobile Home Movers, Inc. At the close of hearing held on July 2, 1985, this matter was submitted for a decision, pending receipt of the transcript and briefs and proposed orders if the parties chose to file same. This matter is now ripe for a decision. EVIDENCE The first witness to present testimony on behalf of the Applicant was Roy Wooten, President of Tri-W's, Inc. Tri-W's is located in Wayne, Wayne County, and constitutes a used car lot, an Exxon gasoline station, a mechanic base, a body shop, a Parts Plus Auto Store and a wrecker service. (Tr.? p. 4). Tri-W's is located on Route 152 in Wayne at the old Chevrolet garage and Mr. Wooten has been in business there for seven years. (Tr., p. 5). Mr. Wooten holds a Public Service Commission motor carrier certificate of convenience and necessity to operate a wrecker service from m OF TWdNUA R -2-

3 that location and has been certificated for approximately one year and five months. (Id.). - Mr. Wooten testified that he has requested authority to transport mobile homes within Wayne County because his customers and other people in the Wayne area have called him to have mobile homes moved. (Tr., pp. 6-7). He indicated that people who have called him to have mobile homes moved have told him that they have had problems with other mobile home movers. (Id.). - He testified that he gets calls around the clock, every - week, but he cannot move those mobile homes without a certificate. (Id.). A local mobile home dealership in Wayne has also called him for assistance. (Xd.). - He testified that the people in Wayne want to rely on local business people and do not want to travel several miles to get someone to move their mobile homes. (Id According to Mr. Wooten, it would be a lot better for the people of Wayne if they had someone local that they knew, could trust and depend on, and who would be there on time. (Tr., p. 8). Mr. Wooten currently owns three wreckers and will be getting a toter to move mobile homes on the main road, if he is awarded a certificate of convenience and necessity. (Tr., p. 8). If the job requires a wrecker to move a mobile home, he has a wrecker and if the move requires a dozer, he indicated that there are many local people who currently do those jobs and he could get their help if needed. (Tr., p. 9). Mr. Wooten intends to get additional equipment if the authority is granted in addition to the wreckers that he presently operates, as indicated previously. (Tr., p. 9). Tri-W's, Inc., currently has an approximate net financial worth of between $300,000 and $350,000. (Tr., p. 10). Mr. Wooten has a line of

4 credit with the Wayne County Bank if he needs financing or needs to borrow money for the operation of his business. (Id.). - Mr. Wooten is the principal stockholder of Tri-W's, Inc., and he indicated that if addition- al financing is necessary for the company and it cannot be raised through the corporation's line of credit, he is financially able personally to make a contribution or arrange financing for the benefit of the Company. (Tr., pp ). Mr. Wooten indicated that currently he gets, on average, three calls per week from people asking if he can move their mobile homes. (Tr., p. 11). Previously he had been telling the people to call Terry Saunders, who held mobile home moving authority from the Commission, but he has now been informed that Mr. Saunders no longer does mobile home moving. (Id.). - He has also referred some people to 52 Wrecker and Economy Garage, located at Huntington, Cabell County, but he no longer makes that recommendation because the people to whom he has made the recommendation have indicated their dissatisfaction with those companies. (Tr., pp ). There are currently no certificated mobile home movers who are located in Wayne County. (Tr., p. 12). 52 Wrecker and Economy Garage are located approxi- mately 12 to 15 and 22 to 24 miles from his location in Wayne, West Virginia, which is more or less in the central part of the county. (Tr., p. 13). Between Huntington and the Mingo County line, the southern end of Wayne County, there are no interstates and the highways that exist in the county are mainly country roads and, in the southern part of the county, perhaps 20% of them are blacktopped while the other 80%' are gravel or red clay. (Tr., p. 14). According to Mr. Wooten, the use of mobile homes in Wayne County is considerable and, from the Town of Wayne, south, probably -4- OF

5 50% of the population lives in mobile homes. (Tr., pp ). Wayne County has never enacted any zoning regulations that would prohibit the use of mobile homes in any part of the county. (Tr., p. 15). Mr. Wooten testified that, as a current holder of a certificate of convenience and necessity from the Public Service Commission, he is familiar with the Public Service Commission's Rules and Regulations for the Government of Motor Carriers and he understands that he does have to file a tariff with the Commission and to comply with the rates that he files, if he gets mobile home moving authority. (Id.). - Mr. Wooten testified that he has filed with the Commission all of the documents that are required, including insurance and he testified that he has never had any difficulty in obtaining insurance or maintaining it. (Tr., p. 16). To his knowledge, since he has been a certificate holder, no complaints have been filed against him with the Public Service Commission. (Id.). - Mr. Wooten currently has one full time mobile home driver, who he hired about three months ago, who had worked for a company in Huntington for about four years and who had been recommended by his insurance agent. (Tr., p. 16). Mr. Wooten also has four drivers and approximately five helpers that he could put on the road tomorrow. (Tr., p. 17). He tes- tified that being granted authority to move mobile homes would not affect the service that he is presently rendering in his operation as a certif- icated wrecker service. (Id.). - Mr. Wooten understands that he must keep the books and records of the two operations separate for ratemaking and regulatory purposes. (Id.). - On cross-examination, Mr. Wooten testified that he knows the man who owns the mobile home dealership in Wayne and that individual has told him that the dealership does not want to get into the business of moving OF r -3-

6 mobile homes and right now is currently relying on Economy Garage and 52 Wrecker to move them. (Tr. p. 18). Mr. Wooten testified that he is on the road with his employees frequently to spot-check how his business is being maintained. (Tr., p. 19). He is certain that if there is any problem on the road with one of his drivers or his employees, the public in Wayne County would come directly to him and tell him about it. (Id.). - According to Mr. Wooten, from courthouse to courthouse, from Wayne County to Cabell County is approximately 40 to 45 minutes. (Tr., p. 20). Further, going the most direct way possible, from St. Albans in Kanawha County to Wayne in Wayne County would be a minimum of 50 miles and, if a wrecker had a business address in Charleston, Kanawha County, it would require a trip of approximately 75 miles and take one hour and thirty minutes to arrive at Wayne. (Tr., p. 24). In his opinion, it is not logical, from a business viewpoint, for anyone in Wayne County to call a business in Charleston or St. Albans, except under very special circum- stances, for the movement of mobile homes and, in his opinion, the people in Wayne do not even know about St. Albans Mobile Home Movers. (Tr., p. 25). Further, for people in the more southern part of the county, it would be more reasonable to look towards Williamson for service rather than to Huntington or Charleston. (Id.). - The next witness to testify on behalf of the Applicant was James Ferguson who recently attempted to move a mobile home in Wayne County for his oldest daughter. (Tr., p. 26). His daughter called Terry Saunders who told her that he no longer moved mobile homes and provided no sugges- tions as to who might be able to do the job for her. (Tr., p. 27). After about two months some individuals in the area pulled her trailer with a farm tractor. (Tr., p. 27). Mr. Ferguson testified that he had never OF '=111".'"* r -0-

7 ~ heard of St. Albans Mobile Home Movers as a mover of mobile homes in Wayne County. (Tr., p. 28). He testified that he would never have though of calling St. Albans or Charleston to have a mobile home moved in Wayne County. (Tr., p. 28). Mr. Ferguson knew of 52 Wrecker, but did not care for their service because of his previous knowledge of Mr. Thompson, the operator. (Tr., p. 29). Mr. Ferguson testified that he has been in business in Wayne County for twelve years, has dealt with Mr. Wooten and has found him to be honest and accommodating. (Tr., p. 29). Mr. Ferguson testified that he believes the public needs the service that Mr. Wooten is seeking to render. (Tr., p. 30). He testified further that almost all of the new housing in Wayne County is mobile homes, because people cannot afford to build houses and he has personally observed people having their mobile homes moved by trucks and tractors and by doing it themselves. (Id. -). Mr. Ferguson's daughter finally had her trailer moved about one month prior to the date of hearing. (Tr., p. 31). The next witness to testify on behalf of the Applicant was Carl Frazier, who owns a dump truck, a dozer and an endloader, and does work around the community, digging basements, building driveways and performing other jobs. (Tr., p. 33). He is frequently involved in placing mobile homes in Wayne County, at least every two or three weeks. (Tr., p. 33). He comes in contact with numerous people who want to have their mobile homes moved on the public highways. (Tr., p. 34). Mr. Frazier related an incident where he had been asked by a neighbor to bring his dozer to help get a mobile home up a hill, in addition to 52 Wrecker Service actually moving the mobile home. (Tr., p. 34). According to Mr. Frazier, the representative of 52 Wrecker Service was supposed to be at the location at 10:30 a.m., but he sat at the location until 1:00 p.m. when an individual rn OF - 9 -I-

8 from 52 Wrecker drove up and told him that they could not do the job that day. (Id.). - The man who wanted the mobile home moved paid him for his dozer and asked if Roy Wooten's wrecker could pull the trailer. - (Id.). Mr. Frazier testified that people in the area do not particularly like 52 Wrecker Service because they have to spend a lot of time waiting for them. (Tr., p. 35). To his knowledge, 52 Wrecker Service and Economy Garage are the closest mobile home movers that have authority to serve Wayne County, since Terry Saunders quit moving mobile homes. (Tr., P. 35). In his opinion Roy Wooten and Tri-W's, Inc., are fit and proper to operate a mobile home moving service and he testified that there is a public need for that type of service in Wayne County, based upon his knowledge and observations of the community. (Id.). - The last witness to present testimony on behalf of the Applicant was Gary Thompson, who recently had to buy a trailer for his ex-wife and have it moved in Wayne County. (Tr., pp ). He had to have the trailer moved from Route 52 at Dixon to Route 152 at Echo, both in Wayne County. (Tr., p. 39). His ex-wife called him and asked him to have the mobile home transported for her. (Tr., p. 39). Mr. Thompson testified that he called the man who worked for St. Albans, who said that the company would call him back. (Id.). - He testified that he called St. Albans Mobile Homes Movers because he was trying to find someone to move the mobile home and had been trying for two or three days. (Tr., p. 40). His telephone call was returned after a couple of days and he was told that as soon as St. Albans Mobile Home Movers got another job up that way they would come and do his job. (Id.). He then called 52 Wrecker Service, but it took about five days before he could get anyone out there to hookup to the mobile home and then he had to hire a dozer to bring the mobile home off OF Tlb":"'* -8-

9 the hill. 1:OO p.m., (Id.) Wrecker was supposed to have been at the location at but they did not arrive until a little after 3:OO p.m. to tow the trailer. (Tr., pp ). The way he had understood the situation, St. Albans Mobile Home Movers was waiting until it had another mobile home out his way to move before the company would go out there to move his mobile home. (Tr., p. 41). According to Mr. Thompson, he did not feel that he should have had to wait for so long to have the mobile home moved. (Tr., p. 42). Mr. Thompson testified that someone was needed in Wayne County to transport mobile homes for the public and he testified that right now no one in the county has the authority to perform that service. (Tr., pp ). The incident he related occurred about the middle of April of this year. (Tr., p. 44). The only witness to testify on behalf of the Protestant was Charlotte Ann Landers who, as indicated previously, along with her husband, owns all the stock in and operates St. Albans Mobile Home Movers, Inc. St. Albans Mobile Home Movers is in good standing currently, and does have a tariff and insurance on file with the Commission. (Tr., p. 47). To her knowl- edge, St. Albans Mobile Home Movers is not the subject of any formal or informal complaint being processed by the Commission or the Motor Carrier Division. (Id.). - She and her husband initially obtained their set of rights to provide mobile home moving service in the Kanawha and Putnam County area in (Tr., p. 48). Approximately one and one-half years ago, they obtained contract carrier permit rights through Westwood Homes, Inc., in Cabell County and obtained authority to transport mobile homes in Wayne County by order entered on March 4, (Id. ). Currently, her company does not have any other type of authority from the Public Service OF -9-

10 Commission other then the mobile home authority previously mentioned. (Id.). - Her company blocks and levels mobile homes, does contract work for Westwood Homes and the general public and anything else pertaining to mobile home set up, repair or transportation. (Tr., p. 49). If a mobile home is damaged in a flood or fire or some other emergency, insurance companies do contact her company to provide service. (Id.). - St. Albans Mobile Home Movers has two full time trucks, both of which are licensed with the Commission. Her husband and two other individuals drive the toters. (Tr., p. 50). In the Charleston, Nitro, St. Albans Telephone Directory, her company is listed both in the yellow pages and the white pages. In the Cabell County area, dealers, mobile home owners and West- wood Homes send her referrals; however, in the Wayne County area, she only advertises in the newspaper. (Tr., p. 50). St. Albans Mobile Home Movers obtained its rights for Wayne County too late to be listed in the Wayne County Telephone Directory for this year. (Tr., p. 51). One of the drivers, who lives in Cabell County, does list his telephone number in the newspaper along with the office number of St. Albans Mobile Home Movers. (Id.). - If the telephone call to St. Albans Mobile Home Movers is a long distance call, the company does reimburse customers for that call when the mobile home is moved. (Tr., pp ). Ms. Landers disputed the testimony of Mr. Thompson with regard to his contact with St. Albans Mobile Home Movers, testifying that she did not have any drivers by the name that Mr. Thompson had called. (Tr., pp ). She testified that every call is documented and that the only time a driver ever talks to a customer is if the customer goes to the company first and is then directed to one of the drivers. (Tr., p. 53). PUBLIC SERVlCE COMMISSION OF =dn1* -10-

11 Ms. Landers testified that many people call St. Albans Wrecker Service thinking that they have called St. Albans Mobile Home Movers. (Tr., p. 54). Ms. Landers testified that calls are taken as they come in and if the people want to schedule a home for a certain day, the dates are taken in priority. (Tr., p. 55). Ms. Landers had no comment with regard to the testimony of either Mr. Ferguson or Mr. Frazier. Ms. (Id.). - Landers testified that her company has moved no more than six or eight homes in Wayne County since obtaining authority in March of 1985, which she assumes to be due to the public's lack of knowledge as to her company's authority to operate in Wayne County. (Tr., p. 56). Ms. Landers testified that if she received a call to have a mobile home transported from Wayne to another location in Wayne County, the customer would be charged for the driving time from St. Albans to the point of pickup of the mobile home. (Tr., pp ). Ms. Landers testified that she has moved a mobile home for the mobile home dealer located in the Town of Wayne. (Tr., p. 57). Mr. Ms. Landers testified that she had nothing particular to say about Wooten's application except that she did not feel that additional service was needed in the Wayne County area because of the number of calls that her company had received in the last four months. (Tr., p. 58). She testified that if she knows there is a move to be made in the Cabell or Wayne County area, then the driver that lives in Cabell County takes one of the company vehicles home with him the night before but does not retain one full time on his premises. (Tr., p. 67). -- OF -Il-

12 DISCUSS ION An applicant for a certificate to operate as a comnon carrier subject to the jurisdiction of the Public Service Commission is required to establish that public convenience and necessity require the proposed service. Weirton Ice and Coal Supply Company v. Public Service Commis- -- sion, W.Va., 240 S.E.2d 686, 689 (1977); West Virginia Code The Commission has interpreted this requirement to mean that the applicant must demonstrate that he or she has the financial ability, experience and fitness to provide a needed, useful and responsive public service, as well as that the public convenience and necessity require the proposed service. Ford Brothers, Inc., M.C. Case No , April 9, The applicant must produce public witnesses who are able to testify that the proposed service is needed in the area of application. Harless Excavating Company, Inc., M.C. Case No , April 23, If the evidence of record in the case reveals that there is some kind of need in the proposed area of application, the applicant has established a prima facie case that public convenience and necessity require the proposed service and that the service furnished by existing transportation facil- ities is not reasonably efficient and adequate. Ford Brothers, supra. The applicant is not required to demonstrate by positive proof that the service furnished by existing facilities is not reasonably adequate and efficient. Additionally, along with the testimony of public witnesses, factors such as the desirability of additional competition and the en- hancement of a company's ability to provide a prompt and efficient public service may warrant a finding that the additional service is required by OF -12-

13 the public convenience and necessity. Mac' s Wrecker Service, Inc., M. C. Case No. 3358, December 13, Once the applicant has presented satisfactory evidence that the public convenience and necessity require the proposed service, the burden of proof then shifts to those persons who are protesting the application. The protestants must demonstrate by a preponderance of the evidence that the service furnished by existing transportation facilities is reasonably efficient and adequate - and that such entry into the field by the applicant would adversely affect or be detrimental to the public (because, for example, additional competition would be ruinous to the existing common carrier) and that all reasonable needs in the area of application are being met. Harless, supra, at page 3. The protestants must establish that the granting of the requested authority would affect the operations of existing common carriers to an extent contrary to the public interest and this evidence must be demonstrated by other than self-serving state- ments of the protestants as to the adequacy and efficiency of their concerns in meeting demands. (Id. -). Thus, in order to meet their burden of proof in an application for a certificate of convenience and necessity, the protestants must present witnesses other than themselves before the Commission will deny an application based on their presentation. As stated by the Commission in Ford Brothers, supra: In applications for authority to operate as a common carrier or to amend a certificate, we weigh, as disclosed by the evidence in each case, the benefit to the public of the availability of the applicant's proposed service against the real or potential adverse effect upon existing carriers and the repercussions the issuance of such requested authority may have on service to the public. To deny an application based solely on protestants' general assertions that they can provide the proposed service is not in our opinion sufficient to prevent a certificate of authority from being granted. -13-

14 Additionally, as the Commission stated in Mac's, supra: The consumer selection process founded upon the reliability, efficiency and adequacy of the service rendered to the public is a valid means of promoting and encouraging the improvement and maintenance of a quality public service. Thus, as a general rule, we should not render decisions, if at all possible, that would, in effect, minimize the force and effect the public selection process has on the quality of service offered to the public. In the Commission' s recent decisions regarding motor carrier law and the granting of certificates to operate as common carriers in this state, the Commission has established several presumptions. The Commission has established the rebuttable presumption that competition is in the public interest and that the public's interest in efficient, adequate, reasonably priced and reasonably available service is paramount. Additionally, once the applicant has established a prima facie case, the rebuttable presump- tion is created that existing services are not reasonably efficient and adequate. In the instant case, the Applicant has established his prima facie showing that the public convenience and necessity require the proposed service. The Applicant presented three public witnesses, each of whom has knowledge of the need for mobile home moving service in Wayne County: Mr. Ferguson, who has recently attempted to have a mobile home moved in Wayne County; Mr. Frazier, who frequently assists in placing mobile homes in Wayne County; and Mr. Thompson, who recently had occasion to have a mobile home moved. Further, it has been demonstrated that there is no certif- icated mobile home mover who is currently located or has a base of opera- tion in Wayne County proper. It is the Hearing Examiner's opinion that it is patently unreasonable to require residents of a county to depend upon a motor carrier, located two counties away, for service, when an individual, -14-

15 who has demonstrated that he is proper and fit to hold a motor carrier certificate and has the financial ability and business acumen to operate a proposed service, wishes to establish a local operation. Brief reference to the official West Virginia Highway Map issued by the West Virginia Department of Highways clearly indicates the inconvenience and extra expense that would be required of residents of Wayne County if they were forced to depend solely upon St. Albans Mobile Home Movers as the only certificated mobile home moving outfit or Wayne County. Most of the discussion at this hearing centered around people in and around the area of the Town of Wayne obtaining mobile home moving service and it appears reasonable to determine that at least an extra hour of expense and time would be required for St. Albans Mobile Home Movers to reach the Town of Wayne from St. Albans, in addition to the moving time actually required. However, when one observes other communities in Wayne County, such as Crum at the southern tip of Wayne County, Wilsondale, also in the southern end of Wayne County, and Fort Gay on the far western edge of Wayne County on the Big Sandy River, it is quite apparent that public convenience and necessity require that a mobile home moving operation be established in Wayne County itself. The Protestant in this proceeding not only failed to rebut the prima facie showing presented by the Applicant that public convenience and necessity require the proposed service, the Protestant, in fact, presented practically no testimony that could be construed against the Applicant in this proceeding. While she disputed the testimony of one witness, that it was her mobile home moving business that created the problem for Mr. Thompson, she did not dispute the substance of the testimony of each of the three witnesses presented by Mr. Wooten, indicating the difficulty OF -15-

16 that residents of Wayne County experience obtaining mobile home moving service. (Tr., pp ). Ms. Landers presented absolutely no testimony to the effect that granting the application filed by Tri-W's would cause her operation any harm or have a detrimental affect on the financial ability of St. Albans Mobile Home Movers to maintain its standard of service. She also presented no testimony to indicate that the public would be harmed or that the overall quality of service to the public would be damaged by granting the application filed by Tri-W's, Inc. Indeed, when asked why she was here in protest to the application, she merely stated that she was there because she felt that additional service was not needed in the Wayne County area on the basis of the number of calls that she had received in the last four months since she had received her certificate. (See, Tr., p. 58). However, at page 56 of the Transcript, she had indicated agreement with a question on cross-examination that the small number of mobile homes that she had moved in Wayne County during the period of four months was due to the public's generally prevailing lack of knowledge as to her existence as a certificated mobile home mover. Because she has only had a certificate for Wayne County since March of 1985, is not listed in any Wayne County telephone directory and is located such a considerable distance away from Wayne County, the Hearing Examiner does not believe that Ms. Landers is in a position to have any credible opinion or make any statement with regard to the public need that exists in Wayne County for another certificated mobile home moving operation. Therefore, the Hearing Examiner will grant the application filed by Tri-W's, Inc., for a certificate of convenience and necessity to operate as a common carrier by motor vehicle in the transportation of mobile homes. -16-

17 FINDINGS OF FACT 1. The Applicant in this proceeding, Tri-W's, Inc., already holds a Public Service Commission motor carrier certificate to operate as a wrecker service. (See, Tr., p. 5). 2. The Applicant has three wreckers at this time and intends to obtain a toter to move mobile homes on the main road and has a net financial worth of between $300,000 and $350,000, in addition to having a line of credit with the Wayne County Bank. (See, Tr., pp. 8-10). 3. The Applicant has received several requests over the last few months from individuals requesting that Tri-W's move mobile homes for them. (Tr., pp. 7, 11). 4. Currently, there is no certificated mobile home moving operation that is either located in or has a base of operations in Wayne County. (Tr., pp. 12, 35, 42-43). 5. Roy Wooten, the President of Tri-W's, Inc., is familiar with all of the Public Service Commission's Motor Carrier Rules, understands that he most comply with the rates on file with the Public Service Commission for the requested service and has on file with the Public Service Commission all required documents for his motor carrier business, including insurance on his vehicles. (Tr., pp ). 6. The Applicant presented three witnesses, each of whom has familiarity with the moving of mobile homes in Wayne County, indicating that, currently, the public in Wayne County has great difficulty in obtaining satisfactory mobile home moving service. (Tr., pp , 30, 34-35, 39-43). 7. The only Protestant to appear in this proceeding has only had authority to operate in Wayne County since March 4, 1985 and is not listed OF -17-

18 in the telephone directory in Wayne County at this time. (Tr., pp. 48, 51, 56). 8. The only Protestant to appear in this proceeding presented no testimony to indicate that her operations would be harmed economically by the entry of Tri-W's, Inc., into the mobile home moving market in Wayne County, that the quality of service rendered to the mobile home moving public in Wayne County would be harmed by the entry of Tri-W's, Inc., into the market, or that the granting of the requested authority would effect her operations to an extent contrary to the public interest. 9. The only Protestant to appear in this proceeding presented no witnesses in support of her position other than herself. 10. The base of operations of the only Protestant in this proceeding is in St. Albans, Kanawha County, at least an hour's drive and approximately 55 miles from the Town of Wayne in Wayne County. (Tr., p. 24 and the 1980 Official West Virginia Highway Map, issued by the West Virginia Department of Highways, of which administrative notice has been taken). CONCLUSIONS OF LAW 1. The Applicant, Tri-W's, Inc., has the financial ability, experience and fitness to provide a needed, useful and responsive public service, as demonstrated by its prior certification for other motor carrier operations by the Public Service Commission and by the testimony of Roy Wooten, its President. 2. Public convenience and necessity require the proposed service, as demonstrated by the testimony of the Applicant, and its three public witnesses, presented in support thereof. OF m -ln

19 3. It is patently unreasonable to require the residents of a county to depend upon a mobile home operation located at least 50 to 60 miles and two counties away, when an applicant who has demonstrated fitness, financial ability and experience desires to set up a local operation. 4. The self-serving testimony of one of the owners of the only protestant in this proceeding, without any public witnesses or documentary evidence to support the position taken by the protestant, is insufficient to justify the denial of an otherwise appropriate application for a certificate of convenience and necessity from the Public Service Commiss ion. 5. The Applicant has demonstrated that it is entitled to the authority requested in its application to operate as a mobile home mover in Wayne County. ORDER IT IS, THEREFORE, ORDERED that Tri-W's, Inc., be, and it hereby is, granted P.S.C. M.C. Certificate No. F-6583, to operate as a common carrier by motor vehicle in the transportation of-- mobile homes within and between points and places in Wayne County on the one hand and points and places in West Virginia on the other hand. All moves will begin or end in Wayne County. IT IS FURTHER ORDERED that the following rates are approved for use for all service rendered under said certificate: Rates to be charged - $100 hookup fee and first hour $ 35 per hour thereafter IT IS FURTHER ORDERED that the Applicant file a proper tariff setting forth the aforesaid rates and charges within fifteen (15) days after the date that this order becomes the final order of the Commission. -19-

20 IT IS FURTHER ORDERED that the Applicant shall commence operations under said certificate within sixty (60) days after the date this order becomes final or said certificate shall be null and void. The Executive Secretary is hereby ordered to serve a copy of this order upon the Commission by hand delivery, and upon all parties of record by United States Certified Mail, return receipt requested. Leave is hereby granted to the parties to file written exceptions supported by a brief with the Executive Secretary of the Commission within fifteen (15) days of the date this order is mailed. If exceptions are filed, the parties filing exceptions shall certify to the Executive Secretary that all parties of record have been served said exceptions. If no exceptions are so filed this order shall become the order of the Commission, without further action or order, five (5) days following the expiration of the aforesaid fifteen (15) day time period, unless it is ordered stayed or postponed by the Commission. Any party may request waiver of the right to file exceptions to a Hearing Examiner's Order by filing an appropriate petition in writing with the Secretary. No such waiver will be effective until approved by order of the Commission, nor shall any such waiver operate to make any Hearing Examiner's Order or Decision the order of the Commission sooner than five (5) days after approval of such waiver by the Commission. MKM: df s Melissa K. Marland Hearing Examiner -20-