SPRTBRF.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
BRIEF IN SUPPORT OF MOTION TO REVOKE PERMIT
This brief is in support of the Motion to Revoke Permit filed by the Commission Staff in this case seeking an Order revoking Motor Carrier Permit No. 8195 issued to Mr. Loren Troyer dba Sea Breeze Trucking.  The Motion is also supported by the Second Affidavit of Mr. Robert Horton filed contemporaneously herewith.  The contents of that Affidavit are incorporated herein by reference.
Idaho Code § 61-808 provides the Commission with the authority to suspend, revoke, alter or amend any permit issued to a motor carrier on the basis that the carrier has violated or refused to observe any of the Orders, rules or regulations of the Commission or any of the laws of the state of Idaho applicable to motor carriers.  
Moreover, Idaho Code § 61-701 provides:
61-701.  Enforcement of Law.—It is hereby made the duty of the commission to see that provisions of the constitution and statutes of this state affecting public utilities, the enforcement of which is not specifically vested in some other office or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the state therefor recovered and collected and to this end it may sue in the name of the people of the state of Idaho.  
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On September 10, 1997, the Commission issued Order No. 27129 requiring that Mr. Troyer submit to a compliance review no later than September 19, 1997.  As indicated in Staff’s Motion and the Second Affidavit of Mr. Horton, Mr. Troyer has, to this date, never submitted to a compliance review.  In its Order, the Commission noted that if Mr. Troyer failed to comply with the Commission’s directive, he would be subject to the penalties set forth in Title 61, Chapter 7 of the Idaho Code.  The Commission also 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.
As indicated by the Second Affidavit of Mr. Horton, Mr. Troyer has demonstrated a disregard for the Commission’s Motor Carrier Rules as well as the orders of the Commission itself.  The purpose of the Commission’s Motor Carrier Rules, among others, is to ensure that motor carriers operating within the state of Idaho do so in a manner that is reasonably safe.  These rules and regulations adopted by the Commission, therefore, are necessary to ensure the health and welfare of the citizens of this state.  Without the ability to conduct a compliance review, Staff has no way of ascertaining whether Mr. Troyer’s motor carrier operations are safe and comply with the Commission’s rules and regulations.  Consequently, Staff believes that the Commission should revoke Mr. Troyer’s Motor Carrier Permit No. 8195 and inform Mr. Troyer that he no longer has the authority to operate as a motor carrier within the state of Idaho.
RESPECTFULLY submitted this                  day of January 1998.

Brad M. Purdy
Deputy Attorney General
vld/N:M-8195-2.brf
CERTIFICATE  OF  SERVICE
I  HEREBY  CERTIFY  THAT  I  HAVE  THIS       DAY  OF  JANUARY 1998,  SERVED  THE  FOREGOING BRIEF IN SUPPORT OF MOTION TO REVOKE PERMIT,  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