D and H Real Estate Co., Orem, has been denied a rehearing by the Public Service Commission on the company's application to operate a trucking company.
In denying the rehearing request, the PSC cited an administrative law judge's opinion concurring with the PSC's previous ruling the company failed to meet advertising requirements outlining the company's proposal sufficiently to allow potential protesters to evaluate the application.The company can refile its application if it meets the more stringent advertising guidelines, the PSC order states.
The PSC ruled the publication failed to explain the company's intent to form a non-profit entity, called Trans-West, composed of numerous members (shippers), and that the company would be involved in soliciting members for Trans-West. The PSC said those are relevant facts that potential protesters are entitled to know in determining whether or not to oppose the application.
In addition, the PSC said, the published notice of filing did not mention that rates were to be set by Trans-West and not the carrier.
The commission further ruled the nature of the proposed operation, which would use open-ended contracts rather than regular contracts involving one shipper and one carrier, raised the issue of public interest, which should be addressed at a full PSC hearing. The PSC order states that before any such hearing, though, potentially interested parties are entitled to notice of the proceeding.