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February 23, 1998
Richard W. Mollerup, Esq.
Meuleman & Miller LLP
PO Box 955
Boise, ID 83701
RE: Class-Act Limo Service, Case No. M-8346-1
Dear Mr. Mollerup:
On January 29, 1998, the Idaho Public Utilities Commission issued a Notice of Modified Procedure requesting comments on Class-Act’s Application for authority to transport passengers in limousine charter service. The Commission’s Notice requested that any person opposed to the Application may file a written protest with the Commission within 21 days from the date of the Notice. On February 18, 1998, the Commission received a timely protest from Elizabeth F. and Rickey L. Bishop dba Excalibur Limousine Service.
Its written protest is attached for your review. Excalibur asserts that the Commission should deny Class-Act an operating permit for several reasons. The Protestant also requests that the Commission conduct a hearing so that Excalibur may offer evidence regarding its protest.
Before the Commission decides whether to grant Excalibur’s request for hearing, the Commission Staff wondered whether Class-Act intends to file a response to the protest? In addition to responding to the protest, you may want to address the Commission’s eligibility qualifications. In particular, one of the qualifications to receive permanent authority is that the applicant “must show that it will conform to the provisions of the Motor Carrier Act and other requirements promulgated by the Commission . . . .” IDAPA 31.61.01.041.04. If you desire to file a response, please do so by March 4, 1998. After that date, the Commission will consider the Application, the Protest, and any reply. The Commission may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. IDAPA 31.01.01.204.
I will be out of the office most of the week. If you have any questions, you may contact Ron Law, Administrator of the Motor Carrier Division, at 334-0331.
Sincerely,
Donald L. Howell, II
Deputy Attorney General
DH/cm/L:mollerup.dh
Enclosure
cc:Excalibur Limousine Service
Class-Act Limo Service
Ron Law