20040825Order No. 29572.pdf

Office of the Secretary
Service Date
August 25 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
TH 0 MASON OUTFITTERS SEEKING
AUTHORITY AS A VESSEL COMMON
CARRIER.ORDER NO. 29572
CASE NO. THO- V -04-
THE APPLICATION
On July 23 2004, Timothy D. Thomason dba Thomason Outfitters filed an Application
seeking authority to act as a vessel "common carrier" to transport passengers on the waters of the
State of Idaho. As set out in his Application, Mr. Thomason proposes to operate a pontoon boat on
the Snake River equipped with a dining facility that includes food and beverage service. App. at II.
He proposes to conduct his operations generally between Lower Salmon Falls Dam to the
headwaters ofC.J. Strike Reservoir. He will conduct operations on a 30-foot pontoon boat powered
by a 120 hp outboard motor. Id. at III. The Application indicates that the vessel will accommodate
14 persons including the operator. He proposes to operate year round and states that at the present
time there are no operations of a similar nature. The charges for services will depend upon the
length of the boat trip and the menu of food and beverages selected by each customer. Id. at VI.
His Application included a Certificate of Insurance for personal injury and property damage in the
amount of $1 ,000 000. Id. at VIII.
Mr. Thomason is a guide licensed by the Idaho Outfitters and Guides Board. Mr.
Thomason indicates that he intends to "fully comply with applicable Coast Guard regulations, as
regards safe boating operations and the equipping of all persons boarding the vessel with Coast
Guard approved personal floatation devices, and necessary fire-suppression devices.Id. He also
states that he intends to comply with the provisions of the Idaho Safe Boating Act (codified at Idaho
Code 99 67-7001 et seq.and the Idaho Safe Boating Rules promulgated by the Idaho Department
of Parks and Recreation, IDAPA 26.01.30.
Mr. Thomason provided a response from the United States Coast Guard's Marine Safety
Office in Portland. In its e-mail response, the Coast Guard indicates that any commercial passenger
vessel operation taking place up-river from river mile 450 (between Murphy and Melba) is not
ORDER NO. 29572
required to be inspected and certified by the U.S. Coast Guard. 46 C.R. 9 175.110(b)(I). Thus
Mr. Thomason s boat would not be subject to Coast Guard inspection.
STAFF COMMENTS
It is Staffs understanding that Mr. Thomason proposes to sell alcoholic beverages as
part of his operation. The sale of alcoholic beverages requires a "liquor by the drink" license issued
by the Idaho State Police. In particular Idaho Code 9 23-906 provides that any person operating
any common carrier boat or boats
...
desiring a license to sell liquor under the provisions of this
act in any such ... boats, ... shall apply to the director (of the Idaho State Police) for a license.
(Emphasis added.! The term "common carrier" is not defined in the Liquor by the Drink Act
Idaho Code 9 23-902. However Idaho Code 9 23-902(17) provides that all other words and
phrases used in this chapter "shall be given their ordinary and commonly understood and acceptable
meanings. "
Idaho Code 9 61-113 provides that the term "common carrier" include every corporation
or person "owning, controlling, operating or managing any vessel regularly engaged in the
transportation of persons or property for compensation upon the waters of this state.Idaho Code
9 61-113(2) (emphasis added). Idaho Code 9 61-126 provides that the term "vessel" includes
every species of watercraft, by whatsoever power operated, which is owned ... for public use in
the transportation of persons or property." Finally, the term "public utility" includes every common
carrier. Idaho Code 9 61-129.
Based upon the facts set out in the Application, Staff recommended that Thomason
Outfitters be designated as a vessel common carrier. As an outfitter, Mr. Thomason is already
subject to the authority of the Outfitters and Guides Board and its administrative rules. In addition
his vessel operation should comply with the Idaho Safe Boating Act and Safety Rules promulgated
by the Department of Parks and Recreation. His $1 million insurance policy exceeds the level of
insurance ($300 000) required by the Outfitters and Guides Board. IDAP A 25.01.01.069.01. Staff
further recommended that common carrier authority be issued for a period of one year with the
Applicant required to notify the Commission of its continuing operation on an annual basis.
FINDINGS OF FACT
Based upon our review of the Application and the Staff s comments, we find that it is
reasonable and appropriate to grant vessel common carrier authority for the transportation of
I This statute also applies to common carrier railroads and airlines. Idaho Code ~ 23-906.
ORDER NO. 29572
passengers to Thomason Outfitters. Although Thomason Outfitters is currently licensed by the
Idaho Outfitter and Guides Board, this Commission has the authority to regulate the common carrier
transportation of persons and property on the waters of Idaho. Idaho Code 9 61-113(2); Order No.
21937. Mr. Thomason indicates in his Application that he intends to comply with the Idaho Safe
Boating Act, and the Boating Safety Rules issued by both the Idaho Department of Parks and
Recreation and the Outfitters and Guides Board. Rule 50 of the Idaho Safe Boating Rules requires
every commercial vessel to have a Type I personal flotation device (PFD) of a suitable size for each
person on board the vessel. IDAPA 26.01.30.050.01(d). In Idaho, a child 14 years of age and
younger must wear an approved PFD. IDAPA 26.01.30.050.01(f). Rule 75 also requires certain
types of fire extinguishers. We further find that his insurance policy exceeds the level of insurance
required by the Outfitters and Guides Board.IDAPA 25.01.01.069.01.Based upon the
representations made in the Application, we conclude that operating a vessel with dining facilities
on portions of the Snake River is in the public interest and meets the public convenience and
necessity.
Because this is the first vessel common carrier authority that the Commission has issued
in some time, we believe it is appropriate to address several procedural issues. Staff recommended
we issue vessel common carrier authority to Thomason Outfitters for a period of one year. This
Order grants common carrier authority to Thomason Outfitters for an initial period that expires on
May 1 , 2005. Common carrier authority may be renewed annually. No later than April 1 every
year Thomason Outfitters shall file an annual report advising the Commission of its desire to
continue operating as a vessel common carrier. At that time, the carrier s annual report shall also
advise the Commission of: (1) any changes to its operations; (2) certify that the carrier intends to
continue insurance for personal injury and property damage; and (3) submit other information as
required by Idaho Code 9 61-1003.
ORDER
IT IS HEREBY ORDERED that the Application of Timothy D. Thomason dba
Thomason Outfitters seeking authority to act as a vessel common carrier to transport passengers on
the waters of the State of Idaho is granted. Common carrier authority shall expire on May 1 , 2005
subj ect to annual renewal.
The carrier shall comply with all applicable safety provisions of the Idaho Safe Boating
Act (codified at Idaho Code 9 67-7001), the Idaho Safe Boating Rules (IDAPA 26.01.30), and the
ORDER NO. 29572
Outfitters and Guides Rules (IDAPA 25.01.01). The carrier shall also comply with applicable
Public Utilities Laws and rules promulgated by the Commission.
IT IS FURTHER ORDERED that the carrier file its annual report with the Commission
no later than April 1 of each year. The annual report shall also provide the requested information
set out above in the body of this Order.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) in this Case No. THO- V -04-1 may petition for reconsideration within
twenty-one (21) days of the service date of this Order with regard to any matter decided in this
Order in this Case No. THO-04-1. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this c2S day
of August 2004.
LJ :)L
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~ill.
Je riD. Jewell
Co mission Secretary
vld/O:THOY041 dh
ORDER NO. 29572