RHORTONv1.docx

BRAD PURDY
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
PO Box 83720
Boise, ID  83720-0074
Tele:  [phone]
FAX: [phone]
Street Address for Express Mail:
472 W Washington
Boise, ID  83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE COMPLIANCE OF MR. LOREN TROYER, DBA SEA BREEZE TRUCKING, WITH THE COMMISSION’S MOTOR CARRIER RULES, IDAPA 31.61.01.000.
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CASE NO.  M-8195-2
AFFIDAVIT OF
ROBERT HORTON
Robert Horton, being duly sworn upon oath, states and deposes as follows:
1.  That I work in the Regulated Carrier Division of the Idaho Public Utilities Commission and, therefore, am personally familiar with the facts and information contained in this Affidavit.
2.  That on November 15, 1995, the Commission’s Regulated Carrier Division received an Application from Mr. Loren Troyer, dba Sea Breeze Trucking, for motor carrier authority.  Mr. Troyer’s Application did not contain all of the necessary information required by the Commission’s Motor Carrier Rules, IDAPA 31.61.01.000 (Motor Carrier Rules).  Consequently, the Regulated Carrier Division sent a letter to Mr. Troyer requesting such information.  On January 2, 1996, the Commission issued Order No. 26291 granting Mr. Troyer motor carrier authority within 42 days if all of the Commission’s requirements were met.  On January 8, 1996, the Commission Staff sent another letter to Mr. Troyer requesting five categories of information and\or documents.  On February 2, 1996, Mr. Troyer telephoned the Commission Staff indicating that he would send three of the five requested categories and request an extension of time in which to complete a compliance review.  The Commission Staff, however, never received Mr. Troyer’s written request for an extension.  Following a subsequent conversation with Mr. Troyer, I wrote a memorandum to the Commission recommending that a “conditional” one year permit be issued to Mr. Troyer pending the successful completion of a compliance review.
3.  I subsequently have attempted to conduct a compliance review of Mr. Troyer’s operation on a couple of occasions, however, Mr. Troyer did not make himself available because of personal conflicts.  Recently he simply did not respond to telephone calls.  Therefore, a letter was sent to Mr. Troyer setting an appointment with him to conduct the review at his personal residence.  Upon my arrival, however, no one was present at Mr. Troyer’s residence even though I had made telephone contact with his wife at the residence just a few minutes before the appointed time and she offered to go get him.
4.  Mr. Troyer also operates in the state of Oregon.  Staff recently obtained information from the Oregon Public Utilities Commission indicating that Mr. Troyer has received a number of serious violations there causing he or his vehicle to be placed out of service as operating in an unsafe condition.
5.  Without the ability to conduct a compliance review, Staff cannot offer any assurance that Mr. Troyer is operating safely and otherwise complying with the Commission’s Motor Carrier Rules.
6.    Idaho Code § 61-610 states that the Commission and its employees “shall have the right at any and all times to inspect the accounts, books, papers and documents of any public utility.  Rule 227 of the Commission’s Rules of Procedure, IDAPA 31.01.01.000 provides the Commission Staff with the authority “to review and inspect the books, records and premises of …carriers pursuant to statute.”  The Rule notes that this right of statutory examination and audit is independent of any right of discovery in formal proceedings and may be excerised whether or not a carrier is a party to  a formal proceeding before the Commission.  Finally, Rule 12.01 (c) of the Commission’s Motor Carrier Rules, IDAPA 31.61.01.000 states that “safety management audits [i.e., compliance reviews] required by this Rule will be conducted at the time and date agreed to by the Commission, ISP [Idaho State Police], and the carrier, but no later than ten (10) days after the Commission’s or ISP’s initial request.
7.  Further your affiant saith naught.
DATED at Boise, Idaho this day of August 1997.

Robert Horton
SUBSCRIBED AND SWORN to before me this         day of August 1997.

Notary Public for Idaho, Residing at Boise, Idaho
Commission expires                                                

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