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WAC 480-30-156

Certificates, temporary, auto transportation company.

(1) Temporary certificates prohibited. The commission is prohibited from granting a temporary certificate to operate in territory that is:
(a) Contained in an existing certificate, unless the existing certificate holder is not providing service to the satisfaction of the commission or does not object to the temporary certificate.
(b) Contained in a pending certificate application unless the temporary certificate application filing is made by the applicant or the applicant does not object to the temporary certificate.
(2) Requirements. Temporary certificate applications must meet the requirements of WAC 480-30-096.
(3) Public interest. The commission may grant a temporary certificate after determining that granting the requested authority is consistent with the public interest. In determining if the requested temporary authority is consistent with the public interest, the commission may consider factors including, but not limited to:
(a) The fitness of the applicant.
(b) The need for the requested service.
(c) Availability of existing service.
(d) Any other circumstances indicating that a grant of temporary authority is consistent with the public interest.
(4) Support statements required. Applicants for temporary certificates must include signed support statements from potential customers identifying all pertinent facts relating to need for the proposed service.
(5) Investigation of applications. Commission staff will investigate the facts surrounding an application and need for the proposed service before making a recommendation that the commission grant or deny an application for temporary certificate.
(6) Special terms, conditions, and limitations. The commission may impose special terms, conditions, and limitations in connection with the grant of any temporary certificate.
(7) Length of service allowed under temporary certificate. The commission may grant a temporary certificate for up to one hundred eighty days based on an estimate regarding how long it will take to complete review of the permanent certificate application. If a company files an auto transportation company certificate application and a temporary certificate application within thirty days of each other or files an auto transportation company certificate application within thirty days of the order granting the temporary certificate, then the temporary certificate will continue until the commission grants, denies, or dismisses the parallel certificate application, or until the temporary certificate is otherwise canceled, whichever happens first.
(8) Docketing. The commission will publish on its application docket a list of temporary certificate applications that the commission has received.
(9) Objections. An existing auto transportation company or applicant for certificate may file an objection opposing the grant or denial of a temporary certificate.
(10) Form of objections. Objections must:
(a) Be filed with the commission in writing within twenty days after the date the commission mails its notice;
(b) Contain a statement of the specific grounds on which the objection is made;
(c) Contain a statement of the objecting company's interest in the proceeding;
(d) Be served on the applicant; and
(e) Be served on the applicant's representative, if one is stated in the notice.
[Statutory Authority: RCW 80.01.040, 81.04.160, 81.04.250, 81.68.030, and 81.68.040. WSR 13-18-003 (Docket TC-121328, General Order R-572), § 480-30-156, filed 8/21/13, effective 9/21/13. Statutory Authority: RCW 80.01.040, 81.04.160, 81.12.050, 81.68.030, and 81.70.270. WSR 06-13-006 (General Order No. R-533, Docket No. TC-020497), § 480-30-156, filed 6/8/06, effective 7/9/06.]
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