Scotty's Vacuum Service, Inc. v. Louisiana Public Service Com'n, 83-CA-2362
| Court | Supreme Court of Louisiana |
| Citation | 450 So.2d 1303 |
| Docket Number | No. 83-CA-2362,83-CA-2362 |
| Parties | SCOTTY'S VACUUM SERVICE, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION. |
| Decision Date | 14 May 1984 |
Page 1303
v.
LOUISIANA PUBLIC SERVICE COMMISSION.
Rehearings Denied June 14, 1984.
Page 1304
Marshall B. Brinkley, Baton Rouge, for defendant-appellee.
Frank T. Salter, Jr., Salter, Street & Hale, Lake Charles, for intervenor-appellant.
Charles Ryan, Janet Boles Chambers, Boles & Mounger, Baton Rouge, for plaintiff-appellant.
DENNIS, Justice.
This is an appeal by an applicant motor carrier from the district court's judgment reversing a public service commission order granting the carrier an additional certificate of public convenience and necessity to haul non-hazardous waste products. The certificate had been granted despite the opposition of other carriers with similar existing certificates. We affirm. The applicant has the burden of clearly showing that the public convenience and necessity would be materially promoted by the issuance to it of a certificate. La.R.S. 45:164; M & G Fleet, Inc. v. Louisiana Public Service Commission, 443 So.2d 574 (La.1983) (Intervention of Material Delivery Service, Inc.) A court will not upset the commission's determination of such a showing unless it is based on an error of law or one which the commission could not have found reasonably from the evidence. Id. In the present case, there is no reasonable basis in the record for the commission's finding that the applicant carrier had shown that the public convenience and necessity would be materially promoted by the issuance of a certificate to it. Although the carrier presented two shipper witnesses in support of its application, these witnesses failed to testify to any facts upon which the commission reasonably could base its determination. These witnesses conceded that adequate service had been provided by the existing certificated carriers. They failed to cite any instance in which the existing service had fallen below the standard reasonably required for public convenience and necessity. In essence, they merely testified that, if certificated, the applicant would provide excellent service. This alone is not a sufficient basis from which a reasonable fact finder could determine that the public convenience and necessity would be materially promoted by issuance of a certificate, especially in view of the other undisputed evidence. Opposition witnesses testified without dispute that existing certificated carriers had 165 trucks available for service in...
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Matlack, Inc. v. Louisiana Public Service Com'n, 93-CA-0277
...satisfy the burden of proof. CTS Enterprises, 540 So.2d at 281 (citing Scotty's Vacuum Service, Inc. v. Louisiana Public Service Comm'n, 450 So.2d 1303, 1304 (La.1984)); South Arkansas Vacuum Service of Louisiana, Inc. v. Louisiana Public Service Comm'n, 457 So.2d 655, 659-60 In the instant......
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Mississippi Chemical Exp., Inc. v. Louisiana Public Service Com'n
...is reasonably supported by the evidence in the record, we must affirm. Scotty's Vacuum Service, Inc. v. Louisiana Public Service Comm'n, 450 So.2d 1303, 1304 (La.1984); B & M Trucking, 353 So.2d at Mindful of our limited scope of review, we must determine whether the LPSC, acting reasonably......
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CTS Enterprises, Inc. v. Louisiana Public Service Com'n, 88-CA-2061
...is usually granted. M & G Fleet Service, Inc., supra at 576; Scotty's Vacuum Service, Inc. v. Louisiana Public Service Commission, 450 So.2d 1303 The need for additional carrier service is directly related to the adequacy of existing carriers. Truck Service, Inc., supra; M & G Fleet Service......
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LA. HOUSEHOLD GOODS v. LA. PUBLIC SERV., 99-CA-3184.
...affirm." Mississippi Chemical Exp., 94-0440 p. 8, 637 So.2d at 99 (citing Scotty's Vacuum Serv., Inc. v. Louisiana Pub. Serv. Comm'n, 450 So.2d 1303, 1304 (La.1984); and B & M Trucking, 353 So.2d at Thus, in this case, the court must determine whether the Commission, acting reasonably on th......
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Matlack, Inc. v. Louisiana Public Service Com'n, 93-CA-0277
...satisfy the burden of proof. CTS Enterprises, 540 So.2d at 281 (citing Scotty's Vacuum Service, Inc. v. Louisiana Public Service Comm'n, 450 So.2d 1303, 1304 (La.1984)); South Arkansas Vacuum Service of Louisiana, Inc. v. Louisiana Public Service Comm'n, 457 So.2d 655, 659-60 In the instant......
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Mississippi Chemical Exp., Inc. v. Louisiana Public Service Com'n
...is reasonably supported by the evidence in the record, we must affirm. Scotty's Vacuum Service, Inc. v. Louisiana Public Service Comm'n, 450 So.2d 1303, 1304 (La.1984); B & M Trucking, 353 So.2d at Mindful of our limited scope of review, we must determine whether the LPSC, acting reasonably......
-
CTS Enterprises, Inc. v. Louisiana Public Service Com'n, 88-CA-2061
...is usually granted. M & G Fleet Service, Inc., supra at 576; Scotty's Vacuum Service, Inc. v. Louisiana Public Service Commission, 450 So.2d 1303 The need for additional carrier service is directly related to the adequacy of existing carriers. Truck Service, Inc., supra; M & G Fleet Service......
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LA. HOUSEHOLD GOODS v. LA. PUBLIC SERV., 99-CA-3184.
...affirm." Mississippi Chemical Exp., 94-0440 p. 8, 637 So.2d at 99 (citing Scotty's Vacuum Serv., Inc. v. Louisiana Pub. Serv. Comm'n, 450 So.2d 1303, 1304 (La.1984); and B & M Trucking, 353 So.2d at Thus, in this case, the court must determine whether the Commission, acting reasonably on th......