26709.docx

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE REQUEST OF VIA EXPEDITERS, INC.  FOR AN EXTENSION OF ITS MOTOR CARRIER PERMIT.
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CASE NO. M-8116-3
ORDER NO.  26709
On June 29, 1995, this Commission issued Order No. 25946 granting a conditional carrier permit to Via Expediters, Inc.  (Via) for a one-year period.  Subsequent to the expiration of that time period, Staff conducted a compliance review of Via and, because of several violations discovered, Via did not receive a satisfactory rating as required by Order No. 25946.
Via has requested that the Commission grant an extension of its conditional permit to allow Via the opportunity to obtain a satisfactory rating.  Via contends that it was under a mistaken impression as to what was required of it in order to obtain a satisfactory rating.  This allegedly results from the fact that Via worked with two separate employees of the Commission’s Regulated Carrier Division, which purportedly caused Via to have some confusion regarding the requirements of a satisfactory rating.  After consideration of Via’s request, Staff agrees that there is some basis for Via’s confusion and recommends that the Commission issue an Order extending Via’s conditional permit until April 1, 1997.
As a show of good faith, Via has executed the Consent Agreement attached to this Order as Exhibit “A” in which Via agrees to take whatever action is necessary to obtain a satisfactory safety rating no later than April 1, 1997.  Via further agrees that in the event it fails to obtain a satisfactory rating by that date, it will forfeit its right to operate within the state of Idaho as a common carrier.
F I N DI N G S
We find that because of Via’s confusion regarding the requirements of a satisfactory safety rating, that it would be reasonable to extend Via’s permit, as requested, until April 1, 1997.  We accept the Consent Agreement executed by and between the Commission Staff and Via and expect that Via will adhere to the terms of that Agreement and will obtain a satisfactory safety rating no later than April 1, 1997.  In the event that Via fails to obtain a satisfactory safety rating on or before that date, Via will forfeit its right to operate as a common carrier within the state of Idaho.
O R D E R
IT IS HEREBY ORDERED that the conditional Motor Carrier Permit of Via Expediters, Inc. is extended until April 1, 1997.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of December 1996.
                                                                                                                                      RALPH NELSON, PRESIDENT
                                                                                           MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O:M-8116-3.bp