PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Issued: May 18,2017 CASE NO. 16-1673-MC-C ECO CAB, LLC, Beckley, Raleigh County, Application for certificate of convenience and necessity to operate as a common carrier in the transportation of passengers by taxi service in Raleigh County. ORDER REOUIRING PUBLICATION This Procedural Order requires the Applicant, Eco Cab, LLC, to make proper publication of Commission Staffs proposed language for its certificate. Procedural Historv On December 27, 2016, Eco Cab, LLC (Applicant), filed with the West Virginia Public Service Cornmission (Commission) an application for a certificate of convenience and necessity to operate as a common carrier in the transportation of passengers by taxi service in Raleigh County. On January 31, 2017, Staff Attorney Christopher L. Howard of the Commission s Legal Division filed the Initial Joint Staff Memorandum. The Staff Attorney explained that additional information was required from the Applicant before the Commission Staff could continue its investigation. Staff Attorney Howard also explained to the Applicant that, if this case was contested and a hearing became necessary, the Commission s Rules of Practice and Procedure (Procedural Rules) require that the Applicant be represented by an attorney at the hearing. The Staff Attorney stated, Further, Staff will need additional evidence from the Company before it can draft proposed language for the certificate and cannot recommend the Company publish notice, nor make a final recommendation at this time. He stated that Staff would be filing interrogatories and data requests in conjunction with the Initial Joint Staff Memorandum. Also, on January 3 1, 2017, Staff Attorney Howard filed Staffs first set of interrogatories and data requests to be served upon the Applicant, Eco Cab, LLC. Staff Attorney Howard requested that the Applicant file answers to the interrogatories and data requests as soon as possible but no later than noon on Wednesday, March 2,2017. Public Semice Commission of West Virguua
On February 8, 2017, a Commission Referral Order was issued which referred this case to the Commission s Division of Administrative Law Judges for a decision to be rendered on or before July 25, 2017. On February 13, 20 17, Robert P. Dunlap, 11, Esquire, filed with the Commission a Notice of Appearance advising the Commission that he would be representing Eco Cab, LLC, in this matter. Also, on February 13, 2017, the Applicant, Eco Cab, LLC, filed a Response to Initial Joint Staff Memorandum. The Applicant advised that Mohamed Saleem was the sole member of Eco Cab, LLC. The Applicant also reported that Beckley Green Cab and Ambassador Taxi are currently providing services in the proposed service area. The Applicant asserted that the two existing taxi services do not provide adequate service. The Applicant also asserted that growth in the college student population in Beckley, West Virginia would cause the need for private motor carrier services to increase exponentially and would increase the need for additional service providers in the area. The Applicant indicated its willingness to provide the Commission Staff with any additional documentation necessary to proceed with this matter, upon request. On February 21, 2017, the Applicant filed responses to the Commission Staff interrogatories and data requests previously filed in this matter. On February 22, 201 7, Professional Transportation, Inc., (hereinafter, PTI) filed a petition with the Commission to intervene in this matter. PTI requested that its letter be treated as formal notice of its protest of the application for a certificate of convenience and necessity filed on December 27,2016, by Eco Cab, LLC. PTI holds P.S.C. M.C. Certificate No. 6878, 7299, 7398 and 7278, authorizing specialized limousine service in Fayette, Greenbrier, Jackson, Kanawha, Logan, Mason, McDowell, Mercer, Mingo, Pleasants, Raleigh, Ritchie, Roane, Summers, Wayne, Wirt and Wyoming counties. PTI explained that it (i) transports railroad employees for railroadwork-related purposes; (ii) operates multi-passenger van services; and (iii) transports persons for whom transportation is to be paid for, billed to or reimbursed by Medicaid or Medicare. PTI opposed certification of Eco Cab in Raleigh County with regard to (i) transportation of railroad employees for railroad-work-related purposes; (ii) operation of multi-passenger van service, and (iii) transportation of any person for whom transportation is to be paid for, billed to or reimbursed by Medicaid or Medicare. By Procedural Order entered in this case on March 2, 2017, the petition to intervene filed with the West Virginia on February 22, 2017, by Professional Transportation, Inc., was granted. On March 3, 2017, the Applicant filed a response to the Petition to Intervene filed in this case on February 22, 2017, by Professional Transportation, Inc. The Applicant advised that it does not intend to establish services specifically for railroad employees. The Applicant does not intend to target this market. The Applicant does request that it be granted authority from the to use a multi-passenger van to accommodate the needs of handicapped customers who may have a wheelchair or need additional space for any apparatus of West Virgnia,G
that assists the customer with mobility. The Applicant stated that it intended to provide its services to private, temporary and/or permanent residents of Raleigh County, including college students. The Applicant does not intend to provide services for reimbursement through Medicaid or Medicare and in no way intends to compete with Professional Transportation, Inc. for those customers or railroad workers. The Applicant requested that the petition to intervene, filed by Professional Transportation, Inc. be denied and it be approved to provide services in Raleigh County. On March 6, 2017, Donald R. Abner, doing business as Ambassador Limo Service, filed a letter of protest to the application of Eco Cab, LLC. Donald R. Abner stated, Another Taxi service in Raleigh County would make the hardship greater to the drivers all ready working for low wages. Ambassador further stated that, I have 3 cars, 2 vans, and a SUV setting out of service as of 3-3-2017. One van is a wheel chair van that no one has called for. On March 10, 2017, the Applicant filed a response to the petition to intervene filed in this matter on March 6, 2017 by Donald R. Abner, doing business as Ambassador Limo Service. The Applicant stated that the population of Raleigh County is substantial and it has concluded that existing transportation services in Raleigh County are not sufficient to meet the needs of the public in Beckley, WV and surrounding areas. The Applicant stated, The provision of 3 cars and 2 vans (with an additional out of service SUV) for services provided by Ambassador s Limo Service is not adequate to cover this area. The Applicant has also concluded that the significant influx of college students expected in Beckley in the fall of 2017 will substantially increase the need for transportation services in Beckley and surrounding areas. Even though Ambassador Limo Service had not been contacted for services requiring a wheelchair accessible van, the Applicant has talked with community members who have indicated that this is a need in the area. The Applicant speculated that, Handicap customers may not associate a limo service as a company that would provide handicap accessible transportation in Beckley and surrounding areas. On March 23, 2017, Staff Attorney Howard filed the Final Joint Staff Memorandum in which he recommended that this case be set for hearing to address whether there is a need for additional services in Raleigh County and whether the application should be granted. The Staff Attorney also recommended that a publication order be entered and a notice describing the proposed certificate rates be included. Staff Attorney Howard described the proposed certificate and rates for taxicab service as follows: operation as a common carrier by motor vehicle in the transportation of passengers in taxicab service between points and places in Raleigh County, on the one hand, and points and places in West Virginia, on the other hand. Rates: $2.00 per mile - 3
On April 4, 2017, a Procedural Order was issued in this case which granted the petition to intervene filed with the West Virginia on March 8, 2017, by Donald R. Abner, doing business as Ambassador Limo Services. DISCUSSION W. Va. Code 24A-2-5 requires publication of an application for a Certificate to operate as a common carrier by motor vehicle within the proposed area of operation at least ten days in advance of any hearing regarding the application. Therefore, Eco Cab, LLC, will publish the notice attached hereto as Appendix A at least once in a qualified newspaper in Raleigh County and file proof of publication with the Commission within ten days after publication. The presiding ALJ will subsequently schedule an evidentiary hearing by separate order. ORDER IT IS, THEREFORE, ORDERED that the Applicant, Eco Cab, LLC, provide notice to the public, pursuant to the s Rules for the Government of Motor Carriers, by causing to be published the Notice, attached hereto as Appendix A, once, in a qualified newspaper, pursuant to West Virginia Code 59-3-1 B., published and of general circulation in Raleigh County, West Virginia, which publications shall be completed forthwith and no later than Wednesday, June 7,2017. IT IS FURTHER ORDERED that Eco Cab, LLC, file with the Public Service Commission an affidavit of publication for the Notice (Appendix A), from the appropriate newspaper in Raleigh County, as soon as possible, but no later than Monday, June 12,2017. IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve this Order Requiring Publication upon the Commission and its Staff by hand delivery, upon all parties of record who have filed an e-service agreement with the Commission by electronic service and upon all other parties by U.S. Certified Mail, return receipt requested. CGJ:kjs 161673ab Cecelia Gail Jarreli Administrative Law Judge \.t
APPENDIX A PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO. 16-1673-MC-C ECO CAB, LLC, Beckley, Raleigh County, Application for a certificate of convenience and necessity to operate as a common carrier in the transportation of passengers by taxi service in Raleigh County. NOTICE On December 27, 2016, Eco Cab, LLC, filed an application with the Public Service Commission for a certificate of convenience and necessity to operate as a common carrier in the transportation of passengers by taxi service in Raleigh County. The proposed certificate and rates are as follows: To operate as a common carrier by motor vehicle in the transportation of passengers in taxicab service between points and places in Raleigh County, on the one hand, and points and places in West Virginia, on the other hand. Rates: $2.00 per mile On March 23, 2017, Commission Staff filed its Final Joint Staff Memorandum in which it recommended that this case be set for hearing to address whether there is a need for additional services in Raleigh County and whether the application should be granted. Anyone desiring to protest or intervene in this matter should file a written protest or notice if intervention within ten days following the date of this publication, unless otherwise modified )y Commission order. If no protests are received, the Commission may waive formal hearing and,ender its decision on the application based on the evidence submitted with the application and he Commission s review thereof. Requests to intervene must comply with the Commission s.ules on intervention, set forth in the Commission s Rules of Practice and Procedure. All xotests and interventions should be addressed to Ingrid Ferrell, Executive Secretary, West Jirginia, P. 0. Box 812,, West Virginia 25323. ECO CAB, LLC