of the applicant, John X. Kincaid; upon the appearance of Brentz Mr. Kincaid stated for the record that he has obtained the

Transcription

1 PUBL C SERVCE COMM S S OU C-ARLE S TON At a session of the PUBLC SERVCE COMMSSOM OF WEST VRGNA at the Capitol in the City of Charleston on the 6th day of March, M.C. C.ASE NO JOHN K. KNCAD (Drennen,Nicholas County). Application for certificate to operate as a common carrier. This proceeding came on to be heard this 6th day of March, 1978, upon the application of John K. Kincaid for a certificate of convenience and necessity to operate as a common carrier by motor vehicle (wrecker truck) in the transportation of wrecked and/or dis- abled motor vehicles within Drennen, Nicholas County, and vicinity thereof, with occasional trips to and from more distant points; upon proof of the giving of notice of the filing of said application and of the time and place of hearing thereon; upon the appearance of J. P.. Tully, Attorney at Law, counsel for the applicant; upon the appearance of the applicant, John X. Kincaid; upon the appearance of Brentz Thompson, Attorney at Law, counsel for Blake's Wrecker Service, Hicks' Service Station, Bill's Body Shop, Vance's Body Shop, Hutch's Body Shop and Elmo's Trading Post, Protestants; and upon evidence adduced at a hearing held. herein on December 6, FROM ALL which it appears that at said hearinq four (4) witnesses were presented by the applicant. Mr. Kincaid testified that he has been in his current business since 1973 which is a repair facility for motor vehicles. He stated that he had purchased this business from Charles David Stephenson, who formerly had a wrecker ser- vice along with this repair business. Mr. Kincaid further testified that he had other capital assets which included autonobiles, vehicles, real estate. He owns 7-1/2 acres of land where his store building and repair facility now exist. As of December 31, 1976, his net worth was $75,668 and he testified that this only applies to his Lake- side Texaco and Grocery Store. Mr. Kincaid stated for the record that he has obtained the necessary insurance on his motor vehicles. He has acquired a wrecker vehicle, called an 8-ton Holmes, which is built for light automobiles -- -"_.-._. PUBLC SERVCE COMMSSON.- -

2 and light trucks. He further stated that he would like to obtain a 16-ton Holmes 600 Wrecker and at the day of the hearing he stated he would be able to obtain this within a week. Ne further testified that he would be able to obtain a loan for purchasing said vehicle. The applicant also stated that he has an accountant who takes care of his book and records with regard to his other business ventures. t was adduced at the hearing that there were two (2) coal preparation plants witin approximately two (2) miles of Mr. Xincaid's present business and that he intends to tow coal trucks. He testified that his basic area of operation would be on Routes 39, 139, and 19. Re anticipates that 98% of his business will be within an area of twelve (12) miles in Drennen. He does not anticipate going to other area of bjicholas County on a regular basis, but testified that he would go to such places as Gauley Bridge, Summersville, Richwood, and any other point in Nicholas County, if necessary. He further testified that his closest competitor was Mr. Eil-3-y Cutlip who operates a wrecker service in Summersville, which is approximately fourteen (14) miles from Drennen. On direct examination Mr. Kincaid testified that as was previously mentioned that Mr. Stephenson, from whom he bought his current business, did have a certificate of authority or a wrecker service. However, when the business was sold to Mr. Kincaid in 1973 that wrecker certificate was not transferred to Pilr. Kincaid. The applicant stated that as to his knowledge the wrecker certificate that was held by Mr. Stephenson is dormant. Mr. Kincaid further testified that he has received numerous calls since he has been in his current business. He stated that he receives at least one (1) call per week and although the calls seem to be heavier during the recreational summer season, he stated that the calls seem to be fairly constant in the winter as well. He further stated or the record that he knew of other wrecker services that were currently operating in Richwood, Craigsville, and Summersville. t was further adduced at the hearing that there was a wrecker known as Hutch's Body Shop, which operates in Handley, West Virginia, and Elmo's Trading Post at Bickmore. Testimony showed that Mr. Kincaid proposes to charge the following rates:.--._._._. -.- l l _i l - ~_. PUBLC SERVCE COMMSSON 2

3 _ RATE MNMUM CHARGE ~. _ Automobile (Passenger Car) $3.75 p/hour $8.75 Trucks (one ton or less) Trucks (1 ton to 3 tons) 8.75 p/hour p/hour / Trucks (over 3 tons) p/hour Truck and Trailer Combinations (Requiring Heavy Duty Flrecker) p/hour Extra Helper (when needed) 4.00 p/hour 4.00 'After Hour Operations, Sunday, and Holidays Additional $2.00 per hour charge, including extra helper nside Storage Outside Storage $2.00 per day $1.00 per day 1 The applicant then called Mr. Obie Sanders Adkins who is a State Trooper stationed in Summersville, West Virginia. Mr. Adkins stated that there have been occasions at scenes of accidents in the area when his base station could not obtain a wrecker at all. le further testified that Sunday is a terrible day to qet wrecker service. There have been occasions at scenes of accidents when wrecker service has been delayed for a period of time which in his opinion has created hazards to oncoming traffic. He further stated that the next available wrecker service to the east of Drennan would be Summersville, West Virginia, approximately fourteen (14) miles away from Drennen. To the west of Drennen, he stated that he believed that Vance's Body Shop was the nearest wrecker but it was located inside Fayette County. Mr. Adlcins furter stated that the traffic pattern in the area has increased very substantially over the last number of years. Mr. Adkins further stated that he has called for wreckers less than twenty (20) times in situations where he could not obtain any wrecker service. He further testified that he is one of five policemen who are stationed at the Summersville Detachment. The applicant then called Mr. James Dwayne Dawson, who is Deputy Sheriff in Nicholas County. Mr. Dawson indicated that he had occasion to investigate automobile accidents in the area, but qenerally very few. He further testified that if a wrecker service were available in Drennen that one would have a better opportunity to clear the accident scene faster. Mr. Dawson stated that in his personal experience there has never been a time when he was unable to obtain wrecker service at an accident site.

4 - rn rn m _ and called Mr. Cutlip in Summersville, who was unable to render him service. Mr. Painter's jeep was pulled out by a four-wheel drive vehicle. He further testified thatmr. Cutlip was the only wrecker he had called for service that day. The next witness on behalf of the applicant was John W. Shelton, who is President of Shelton Trucking Company. Mr. Shelton testified that he owns his own wrecker and hauls only his own vehicles. He stated that he receives numerous telephone calls for wrecker service in his area and that the calls have average over one-half dozen or more per monthly during the winter time. Mr. Shelton further testified that a heavy wrecker would he needed in the area at least a dozen times per year. Counsel for the protestants presented five witnesses. The first witness to testify was Mr. ra W. Vance, who owns a body shop and wrecker service in Brownsville, West Virginia. Mr. Vance has a certificate of authority from the Commission, which authority embraces a ten (20) mile radius from Srownsville and to and from points 2nd places within the county and within West Virginia. Mr. Vance further testified that the Drennen area would be outside the normal radius of his authority. He further stated that it takes approximately forty-five (45) minutes to go from his place of business to Drennen and the public would of necessity have to pay the driving time from his place of business to the Drennen area and back again. The next witness to testify on behalf of the protestants was Billy Cutlip of Summersville, West Virginia, who owns a body shop and wrecker service. Mr. Cutlip stated that he also charges from the time he leaves his business until the time he returns. He stated he was approximately fourteen (14) miles from his place of business to the intersection of Route 39 and 129 in Drennen, and it takes approximately one-half hour to make that trip. Mr. Brooks David Blake was the next protestant to testify. Mr. Blake owns Blake's Wrecker Service in Craigsville, West Virginia. His authority contains a twenty-five (25) air mile radius from Craigs- ville. Mr. Blake testified during this past tourist season he had one occasion to come to Drennan for business. He further testified that a mjaority of his calls are in the Craigsville area which is approxi- materly twenty-seven (27) miles from nrennen. He further stated that he l._l-.. t h F! nrazious wi tne s s would charqg from the time he left his ~ - PlJDLlC SERVCE COMMSSON 4

5 /i 1 ; business until the time he returned. Mr. John Hicks, who operates a service station and a wrecker service in Richwood, West Virginia, then testified that his place of business was approximately thirty-nine (39) miles from the Drennen area. He further stated that he gets very few calls to the Drennen area. Mr. Hicks admitted that if it was necessary for him to transit from the Richwood area to Drennen he would have to charge for that time. The last witness to testify was Mr. Jack C. Hutchinson, who owns Hutch's Body Shoy and junkyard in addition to his wrecker service. Mr. Hutchinson stated that Handley was located in Kanawha County, and that he had a twenty (20) air mile radius from Handley in his operating authority. He further testified that Handley was approximately thirtyone (31) miles from Drennen. UPON CONSDERATON WHEREOF the Commission is of opinion and finds the following: (1) that existing wrecker services are not reasonably adequate and efficient; and (2) that public convenience and necessity require the service which the applicant is seeking authority to render; and (3) that the proposed rates of the applicant as hereto- fore mentioned are just and reasonable. Therefore, the Commission is of further opinion and finds that said application should be approved. T S, THEREFORE, ORDERED that there be, and there hereby is, issued unto the applicant, John K. Kincaid, a certificate of convenience and necessity designated P.S.C. M.C. Certificate No. F-5963 to operate as a common carrier by motor vehicle (wrecker truck) in the transporta- tion of wrecked and/or disabled motor vehicles within Drennen, Nicholas County, and a five (5) air mile radius thereof on the one hand andpoints and places in.'west Virqinia on the other hand. T S FURTHER ORDERED that the applicant operate this certifi- cate under the following rates and charges: RATE MNMUM CHARGE Automobile (Passenger Car) $3.75 p/hour $8.75 Trucks (one ton or less) 8.75 p/hour 8.75 Trucks (1 ton to 3 tons) p/hour Trucks (over 3 tons) p/hour Truck and Trailer Combinations (Requiring Heavy Duty Wreckers) p/hour Extra Helper (when needed) 4.00 p/hour 4.00 After Hour Operations, Sunday, and Holidays addi-tj.onal $2.00 per hour charge, including extra helper PUBLC SERVCE COMMBSON 5

6 Outside Storage RATE $2.00 per day $1.00 per day 1 T S FURTHER ORDERED that operation under this certificate shall commence within sixty (60) days of the date of this order or said certificate shall be null and void. T S FURTHER ORDERED that the applicant file a proper tariff with the Commission setting forth the rates and charges hereby authorized kl C H A R M A N PUBLC SERVCE COMMSSON 6