26616.docx

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION OF CHRISTOPHER B. SIMPSON AND SIMPS 4, INC. DBA BALD MOUNTAIN TAXI FOR COMPLIANCE WITH MOTOR CARRIER LAWS.
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CASE NOS.M-8192-3
ORDER NO.  26616
ORDER TO SHOW CAUSE
On November 6, 1995, Christopher B. Simpson and Simps 4, Inc. dba Bald Mountain Taxi (Simpson) filed an Application with the Commission for a motor carrier permit.  On January 2, 1996, the Commission issued Order No. 26288 approving Simpson’s Application conditioned upon its compliance with insurance and safety review requirements of the Commission.  Order No. 26288 further ordered “that if Applicant fails within 42 days from the date of this Order to submit to the Commission necessary certificate of insurance and other documents required to be filed with the Commission by statute, rule or Order, the Commission Secretary may issue notice that the authority never became effective.”  On February 27, 1996, the Commission Secretary mailed to Simpson a Notice that Order No. 26288 was of no further force and effect because Simpson failed to file proof of insurance and to obtain a satisfactory safety rating.
The Commission Staff believes Simpson is operating a motor carrier service for which a permit is required from the Commission.  In particular, Staff asserts Simpson is providing passenger motor carrier service between Ketchum/Sun Valley and distant communities.  Staff asserts that at least two citations have been issued to Simpson for unlawful motor carrier operations, that Simpson advertises and holds itself out as available to provide passenger motor carrier service, all in violation of Idaho Code § 61-802.  On August 21, 1996, the Commission Staff issued a demand by registered mail to Simpson to cease and desist operation of a motor carrier service until it received a permit from the Commission.  Simpson did not respond to the August 21, 1996 demand letter.
Based on the record in this case and the information provided to us by Commission Staff, we find that Simpson should be directed to show cause why the Commission should not seek an injunction and civil penalties for its unlawful operation of a passenger motor carrier service.
O R D E R
IT IS HEREBY ORDERED that Christopher B. Simpson and Simps 4, Inc. show cause why an injunction should not be obtained in District Court to prevent its operation of a passenger motor carrier service and why civil penalties to the maximum extent allowed by law should not be assessed.  The Commission Secretary is directed to issue a Notice of Hearing for October 8, 1996, to allow Simpson an opportunity to respond to this Order to Show Cause.  If Simpson does not provide a satisfactory response at or before the hearing, the Commission may request the Attorney General to institute an action to recover all available civil penalties and to obtain an injunction in a court of competent jurisdiction.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of September 1996.
                                                                                                                                      RALPH NELSON, PRESIDENT
                                                                                           MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
bls/O-m81923.ws