RHORTON.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
SECOND 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 Commission’s 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 requested 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 have subsequently attempted to conduct a compliance review of Mr. Troyer’s operation on several of occasions.  Mr. Troyer did not make himself available, however, on those occasions because of personal conflicts. 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 several minutes prior to the appointed time and she offered to go get him.
4.  On September 10, 1997, this Commission issued Order No. 27129 granting Staff’s Motion for Order to Show Cause and directing that Mr. Troyer submit to a compliance review no later than September 19, 1997, “or be subject to the penalties set forth in Title 61, Chapter 7 of the Idaho Code.”  The Commission further stated that “the failure of Mr. Troyer to comply with this Order shall result in the revocation of Sea Breeze Trucking’s Motor Carrier Permit No. 8195.”  Order No. 27129 at p. 1.
5. Following its issuance, Staff sent a copy of Order No. 27129 by certified mail to Mr. Troyer.  A return receipt for the mailing was never received by the Staff indicating that Mr. Troyer never retrieved the mail.  I subsequently contacted Mr. Troyer by telephone and discussed Order No. 27129 directly with him.  Mr. Troyer agreed to comply with the Order and to submit to a compliance review.  I gave him the option of either submitting to an on-site compliance review or responding to a written questionnaire I would send to him which also would require that he produce certain documents.  On October 14, 1997, I mailed the questionnaire and request for documents to Mr. Troyer so he could make an informed choice.  I followed up with a telephone call to Mr. Troyer on October 28, 1997, to inquire whether he had received the mailing and to determine which option for the review he had chosen.  He stated that he had received the mailing, but that he was too busy and had decided to cancel his attempt to receive Idaho intrastate authority.  He already has, however, permanent Idaho authority.  Consequently, I explained that Staff still needed to conduct a compliance review and Mr. Troyer agreed to mail a response to the written questionnaire and request for documents within several days.  Staff has never received Mr. Troyer’s response.
6.  Sea Breeze Trucking also operates in the states of Oregon and Washington.  Staff has obtained copies of inspection reports conducted in those states indicating that Sea Breeze trucking has operated with a number of serious violations resulting in his drivers and his vehicles being placed out-of-service for operating in an unsafe condition.  On April 1, 1997, Mr. Troyer certified to the state of Washington that action was taken to correct violations (including the use of an underage driver) and to assure compliance with safety regulations.  Nevertheless, on May 20, 1997, the same driver was driving the same truck pulling the same two trailers having serious out-of-service brake defects on all three vehicles while on a trip from Weiser, Idaho to Tillamook, Oregon.  A subsequent inspection on October 22, 1997, disclosed serious repeat violations of driver’s hours-of-service and vehicle brake maintenance regulations.
7.  Without the ability to conduct a compliance review, Staff cannot offer the Commission nor the citizens of this or any other state any assurance that Mr. Troyer dba Sea Breeze Trucking, is operating or will operate safely and otherwise comply with the Commission’s Motor Carrier Rules and the Motor Carrier Safety Regulations.  It is my opinion that Mr. Troyer will continue to make himself unavailable for a compliance review based upon his past behavior.  Consequently, I recommend that the Commission revoke Mr. Troyer’s Motor Carrier Permit No. 8195.
 8.  Further your affiant saith naught.
DATED at Boise, Idaho this day of January 1998.

Robert Horton
SUBSCRIBED AND SWORN to before me this         day of January 1998.

Notary Public for Idaho, Residing at Boise, Idaho
Commission expires                                                
vld\N:horton..af2
CERTIFICATE  OF  SERVICE
I  HEREBY  CERTIFY  THAT  I  HAVE  THIS       DAY  OF  JANUARY 1998,  SERVED  THE  FOREGOING SECOND AFFADAVIT OF ROBERT HORTON,  IN  CASE  NO.  M-8195-2,  BY  MAILING  A  COPY  THEREOF,  POSTAGE  PREPAID,  TO  THE  FOLLOWING:
Loren Troyer
dba Sea Breeze Trucking
355 Grove Road
Ontario, OR 97914
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SECRETARY