Spreader Specialists, Inc. v. Public Service Commission

738 P.2d 1043, 60 Utah Adv. Rep. 24, 1987 Utah LEXIS 742
CourtUtah Supreme Court
DecidedJune 23, 1987
Docket21037
StatusPublished
Cited by6 cases

This text of 738 P.2d 1043 (Spreader Specialists, Inc. v. Public Service Commission) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spreader Specialists, Inc. v. Public Service Commission, 738 P.2d 1043, 60 Utah Adv. Rep. 24, 1987 Utah LEXIS 742 (Utah 1987).

Opinions

HOWE, Justice:

Plaintiff Spreader Specialists, Inc., appeals the Public Service Commission’s denial of its application for a certificate of authority to haul petroleum-based products.

Commencing with its inception in 1976, Spreader Specialists operated under the authority of another certificated carrier through leasing arrangements. In 1984, Spreader was granted interstate authority to haul petroleum-based products in fourteen western states; it also received intrastate authority in Idaho, where it was incorporated. Spreader made application for intrastate authority in Utah, but was opposed by the four carriers that held the existing authority to haul petroleum products: Matlack, Inc., Clark Tank Lines, W.S. Hatch Co. (Hatchco), and Energy Express.

[1044]*1044At the hearing, fifteen shippers testified in support of Spreader’s application. They testified as to the seasonal nature of the asphalt spreading business, the projected growth in the industry, the need for additional carriers, the problems they had experienced with the existing carriers, and the quality of service they had received from Spreader. The operating officers of the existing carriers testified as to the competitive market rates, financial difficulties they were experiencing, lack of projected growth, and adequacy of existing service to meet current and projected needs. After nine days of hearings, filling nearly 2,000 pages of written transcript, the Public Service Commission found the following: The applicant had experience and expertise and was operationally fit. The applicant was in compliance with the regulatory requirements and met the test of regulatory fitness. Although operating within a competitive rate. structure, the applicant would have a comfortable operating ratio and was therefore financially fit. The Commission also found that although there was some evidence of prospective growth, that alone did not justify granting the application; that Matlack, Clark, and Hatchco had spreader equipment adequate to the task; and finally, that granting the certificate was likely to exacerbate inefficient equipment use since no interlining or backhauls were available in the markets involved.

Based on these findings, the commission concluded: Despite some service problems, existing service was adequate. Granting the certificate would not contribute to the solution for meeting peak demand for a seasonal business, nor would there be beneficial impact on existing rates. The existing carriers’ operations were only marginally profitable, and additional competition may cause them to cut corners on safety requirements and curtail their operations to save money. Granting the certificate was likened to the “straw capable of breaking the camel’s back.” The Commission stated: “Were the operations of the existing carriers financially sounder, or were we convinced that applicant’s entry into the market would offer the shipping public real benefit, we would be inclined to grant the application. However, on this record, we conclude the application must be denied.”

Spreader contends that the Commission improperly focused on the potential harm to existing carriers rather than on the potential benefits to the public in deciding whether the “public convenience and necessity” would be served by the granting of the certificate. In reviewing the Commission’s interpretation of the operative provisions of the statutory law it is empowered to administer, we apply the intermediate standard of review discussed in Utah Department of Administrative Services v. Public Service Commission, 658 P.2d 601 (Utah 1983). Under this standard, we examine the Commission’s decision to determine if it is reasonable, with reference to the specific terms of the underlying legislation and the public policies sought to be served.

The operative terms of the statute in question, Utah Code Ann. § 54-6-5, are “public convenience and necessity.” In Big K Corp. v. Public Service Commission, 689 P.2d 1349 (Utah 1984), we reexamined those terms in light of the public policy supporting the regulation of the trucking industry. There, we construed “public convenience and necessity” to foster competition wherever feasible, recognizing that “competition is almost always an affirmative factor in furthering the public convenience and necessity.” Id. at 1355. This language was cited with approval in Milne Truck Lines v. Public Service Commission, 720 P.2d 1373 (Utah 1986), where we reemphasized the benefits of increased competition and reiterated that the policy behind the regulation of motor carriers is one of fair, regulated competition, rather than governmentally protected monopoly. No more clear indication of that policy is given than in the recent revision of the Motor Carrier Act.1 The introduction to the amended Act, Utah Code Ann. § 54-6-2, declares the intent of the legislature in [1045]*1045regulating the trucking industry. It states:

It' is declared by the Legislature:
(1) a safe, sound, competitive, and fuel efficient intrastate motor carrier system is vital to the economy of this state;
(2) it is in the public interest to regulate transportation by motor carriers as to fitness, safety, and insurance in order:
(a) to promote adequate, economical, competitive, efficient service by motor carrier, and reasonable charges, without unjust discriminations, undue preferences, or advantages;
(b) to enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions;
(c) to promote competition; and
(d) to foster and promote the trucking industry owned or based in the state; and
(3) adequate motor carrier service at affordable rates is a desirable policy for all cities and rural areas of this state.

(Emphasis added.) Although the statute was not in force at the time of the Commission’s decision, it is consistent with the recent case law of the Court and mirrors the language of our decisions. Therefore, we cite the revised act as a legislative affirmation of the interpretation given “public convenience and necessity” in Big K.

In the instant case, it appears that the Commission denied the application primarily because of the potential diversion of income from existing carriers, despite the fact that we had stated in Big K that “the fact that additional competition will divert revenues from existing carriers is not a valid reason by itself to justify a denial of additional authority.” 689 P.2d at 1355. In so doing, the Commission discounted the beneficial effects that competition will have on services. Increased competition need not impact existing rates to provide a real and tangible benefit to the shipping public.

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Spreader Specialists, Inc. v. Public Service Commission
738 P.2d 1043 (Utah Supreme Court, 1987)

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Bluebook (online)
738 P.2d 1043, 60 Utah Adv. Rep. 24, 1987 Utah LEXIS 742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spreader-specialists-inc-v-public-service-commission-utah-1987.