Opinion
SC 498.
February 21, 1974.
Appeal from the Circuit Court, in Equity, Montgomery County, Eugene W. Carter, J.
John P. Carlton, Birmingham, for appellant.
The Alabama Public Service Commission may not properly issue at new motor carrier certificate of public convenience and necessity without considering the adequacy, vel non, of service provided to and from points involved by carriers already holding authority to provide the same. Watkins Motor Lines, Inc. v. United States and I.C.C., 243 F. Supp. 436 (D.C.Neb., 1965). The Alabama Public Service Commission may not properly consider an application before it only on the basis of evidence presented by applicant, without regard to evidence presented by protestants. Watkins Motor Lines, Inc. v. United States and I.C.C., 243 F. Supp. 436 (D.C.Neb., 1965). An order of the Alabama Public Service Commission must contain basic evidentiary findings which support the ultimate conclusions reached by it. Colorado-Wyoming Gas Co. v. Federal Power Commission, 324 U.S. 626, 65 S.Ct. 840, 89 L.Ed. 1235, 1240; Morgan v. United States, 298 U.S. 468, 56 S.Ct. 906, 80 L.Ed. 1288; Atchison T. S. F. R. Co. v. United States, 295 U.S. 193, 55 S.Ct. 748, 79 L.Ed. 1382.
William J. Baxley, Atty. Gen., and Walter S. Turner, Chief Asst. Atty. Gen., for appellee Alabama Public Service Commission.
J. Douglas Harris, Montgomery, for appellee W. M. Burnett Truck Line, Inc.
An order of an administrative agency supported by evidence is accepted as final, and the Court will not examine the facts further than to determine whether there is an evidentiary basis to sustain the order. Interstate Commerce Commission v. Union Pacific Ry. Co., 222 U.S. 541, 32 S.Ct. 108, 56 L.Ed. 308; El Paso and S.W. Co. v. Phelps-Dodge Mercantile Co., 75 F.2d 873 (9th Cir. 1935). Courts give great deference to the decisions of administrative agencies charged with the responsibility of regulating those businesses whose actions have a profound effect on the public convenience. Miss. Valley Barge Co. v. United States, 292 U.S. 282, 286-287, 54 S.Ct. 692, 78 L.Ed. 1260 (1934); University of Southern Calif. v. Cost of Living Council, 472 F.2d 1065 (T.E.C.A. 1972-citation omitted). Finding of the Commission will not be overturned if supported by legal evidence of substantial weight and probative force. Floyd and Beasley Transfer Co. v. Alabama Public Service Commission, 276 Ala. 130, 159 So.2d 833. The Commission's order shall be taken as prima facie just and reasonable. Avery Freight Lines v. Persons, 250 Ala. 40, 32 So.2d 886; Code of Ala. (1940) as amended Title 48, Section 82. The courts must guard against a substitution of their own judgments of findings of fact for the judgment of the Commission. Floyd and Beasley Transfer Co. v. Ala. Public Service Commission, 276 Ala. 130, 159 So.2d 833.
W. M. Burnett Truck Line, Inc., made application before the Alabama Public Service Commission to amend its Certificate of Convenience to allow it to transport general commodities between all points and places within a ten-mile radius of Haleyville, Alabama. Hiller Truck Lines and Neely Truck Lines protested. The APSC granted authority to Burnett to transport general commodities to and from the entire police jurisdiction of Haleyville. Only Hiller appealed to the Circuit Court of Montgomery County. That court affirmed the APSC order, finding that the APSC order did not contain error to the prejudice of Hiller's substantial rights in the application of the law, and that the "Report and Order was based upon a finding of facts supported by the substantial weight of the evidence."
The evidence before the Commission was in conflict.
Most of the hauling involved commodities used by the mobile home and related industries around Haleyville. The evidence was conflicting. Witnesses for the applicant generally testified that available service was insufficient. Witnesses for protestants testified that there was no need for amending Burnett's certificate to allow it to serve additional areas.
The rule of appellate review on an appeal from an order of the Circuit Court upholding an APSC order was set out in Floyd Beasley Trans. Co. v. Alabama Public Service Commission, 276 Ala. 130, 159 So.2d 833 (1964), as follows:
". . . The order of the Commission is taken as prima facie just and reasonable, Title 48, Sec. 82, Code of 1940, and the burden is on the party who would upset the order of the Commission. Alabama Public Service Commission v. Atlantic Coast Line R. Co., 253 Ala. 559, 45 So.2d 449. Also, findings of the Commission will not be overturned if supported by legal evidence of substantial weight and probative force. Alabama Public Service Commission v. Higginbotham, 256 Ala. 621, 56 So.2d 401; Alabama Public Service Commission v. Nunis, 252 Ala. 30, 39 So.2d 409; North Alabama Motor Express v. Rookis, 244 Ala. 137, 12 So.2d 183. * * * This Court has made it clear in the Rookis case, supra, as well as in the case of Alabama Public Service Commission v. Crow, 247 Ala. 120, 22 So.2d 721, that courts must guard against a substitution of their own judgments of findings of fact for the judgment of the Commissioners."
We think there is substantial evidence to support the finding made by the APSC in this case.
Affirmed.
HEFLIN, C. J., and MERRILL, HARWOOD and FAULKNER, JJ., concur.