Summary
In F.J. Egner Son, Inc., we were faced with the commission's denial of an application to amend common carrier authority to carry commodities in a tank vehicle.
Summary of this case from Canton Storage Transfer Co. v. Pub. Util. CommOpinion
No. 41192
Decided March 13, 1968.
Motor transportation companies — Application for certificate of public convenience and necessity — Evidence that only one shipper had need for applicant's service — Need for public convenience and necessity not established.
APPEAL from the Public Utilities Commission.
Appellant is a common carrier by motor vehicle holding a certificate of public convenience and necessity issued by the Public Utilities Commission for the transportation of numerous commodities in tank vehicles over irregular routes from and to various points in the state of Ohio. Appellant applied to the Public Utilities Commission to have its certificate amended to provide authority to transport "asphalt pavement surface sealer compound, in bulk, in tank vehicles, over irregular routes, from and to all points in Wayne County, Ohio."
The appellant and one supporting shipper appeared at a hearing before the attorney-examiner for the commission. The evidence showed that the supporting shipper, a Wayne County manufacturer of asphalt pavement surface sealer compound, had no manufacturing competition in Wayne County and that no common carrier in Ohio had authority to serve the supporting shipper. The attorney-examiner found that the applicant had shown a public need for its services as a common carrier.
The commission rejected this finding by the attorney-examiner saying that the evidence showed only a need by the one supporting shipper. The commission found, therefore, that the application failed to establish public convenience and necessity for the authority sought, and the application to amend the certificate was denied. The cause is now before this court on appeal from the order of the Public Utilities Commission denying the application.
Messrs. Burneson, Krier, Clark Asher and Mr. Taylor C. Burneson, for appellant.
Mr. William B. Saxbe, attorney general, Mr. J. Philip Redick and Mr. Langdon D. Bell, for appellee.
The record supports the commission's finding that the application herein fails to establish the public convenience and necessity for the authority sought. It is not enough that an applicant declare his intention to serve the public as a common carrier if the record is devoid of evidence that anyone other than a single supporting shipper will have need of applicant's service. That need could be fulfilled under a permit for contract carriage.
We cannot say that the order of the commission is either unreasonable or unlawful, and, therefore, the order is affirmed.
Order affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.