DOCKET NO. TC-980299 PAGE 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, Complainant, v. Olympic Van Tours, Inc. d/b/a Olympic Bus Lines, C-992, Respondent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) DOCKET NO. TC-980299 ) ) FIRST SUPPLEMENTAL ORDER ) GRANTING TEMPORARY ) RATES; ESTABLISHING ) COMPLIANCE AND REPORTING ) REQUIREMENTS ) ) ) ) MEMORANDUM On March 4, 1998, Olympic Van Tours, Inc. d/b/a Olympic Bus Lines, C-992, filed with the Commission in Docket No. TC-980299 revisions to its current tariff to become effective April 6, 1998. The filed revisions consisted of Tariff No. 4, canceling Tariff No. 3, reflecting a general rate increase. The Commission at its March 25, 1998 open public meeting suspended the tariff filing in this matter. At the open public meeting Commission Staff testified that without temporary rate relief in effect during the period of the suspension, it appeared the carrier would be operating in an overall revenue loss position. Such a situation would impair the carrier's ability to meet its responsibilities as a common carrier. Staff recommended that the proposed rates filed in this matter be allowed to go into effect on a temporary basis effective April 6, 1998. Commission Staff recommended that the grant of temporary rates be conditioned upon the carrier meeting specific safety reporting requirements, and complying with all rules and regulations of the Commission. Specifically, Staff recommended that the carrier be required to meet the following compliance and reporting requirements as a condition for the grant of temporary rate relief: Daily Trip Sheets -- the owner must review the trip sheets daily and correct any noted defects prior to dispatching the vehicle. Trip sheets (which include the Driver Daily Vehicle Inspection Form) must be available for inspection upon request of Commission Staff or immediately faxed to the Commission’s Olympia office upon request. Weekly Inspections -- the company’s maintenance manager must perform weekly inspections on all vehicles and mail copies of inspection reports and proof of repairs made when defects are found (vendor copy of repair orders and/or part invoices) to the Commission. This information must be mailed to the Commission beginning Monday, March 30, 1998, and every Monday thereafter until the company is notified that the reporting is no longer necessary. Monthly on-site inspections -- the company must make its vehicles available for Commission Staff to inspect upon 24 hour notice. Regulatory Fees -- all regulatory fees must be paid within 60 days of the effective date of this order. Mortgage of Certificate -- the company must file an application for permission to mortgage certificate within 10 days of the effective date of this order or a letter from U S Bank of Washington stating that the carrier’s certificates (C-992 & CH-189 & ES-46) are not a part of the collateral associated with Loan No. 798-18 or any other loan. Safety Compliance -- The owner must immediately bring all vehicles into compliance with the Commission’s safety rules and regulations and notify the Commission in writing when done. Cash Flow Reports -- The owner must file a monthly cash flow statement with the Commission to show how the Company has spent its money. The first cash flow statement will be for the month of April and must be filed with the Commission by May 15, 1998. A cash flow statement for each month must be filed by the 15th of the subsequent month. The temporary rates will remain in effect pending issuance of further Commission Orders. Pursuant to Commission review of the Company’s proposed tariff revisions, and comments of the Company and Commission Staff, the Commission finds that temporary rates should be authorized and that compliance and reporting requirements as fully described above should be ordered. O R D E R THE COMMISSION ORDERS That: 1. The Company is authorized to implement and collect, on a temporary basis, the rates proposed in its filing in Docket No. TC-980299 pursuant to the conditions recommended by Commission Staff. The temporary rates will become effective April 6, 1998. 2. The temporary rates will remain in effect so long as the Company complies with the following conditions: Daily Trip Sheets -- the owner must review the trip sheets daily and correct any noted defects prior to dispatching the vehicle. Trip sheets (which include the Driver Daily Vehicle Inspection Form) must be available for inspection upon request of Commission Staff or immediately faxed to the Commission’s Olympia office upon request. Weekly Inspections -- the company’s maintenance manager must perform weekly inspections on all vehicles and mail copies of inspection reports and proof of repairs made when defects are found (vendor copy of repair orders and/or part invoices) to the Commission. This information must be mailed to the Commission beginning Monday, March 30, 1998, and every Monday thereafter until the company is notified that the reporting is no longer necessary. Monthly on-site inspections -- the company must make its vehicles available for Commission Staff to inspect upon 24 hour notice. Regulatory Fees -- all regulatory fees must be paid within 60 days of the effective date of this order. Mortgage of Certificate -- the company must file an application for permission to mortgage certificate within 10 days of the effective date of this order or a letter from U S Bank of Washington stating that the carrier’s certificates (C-992 & CH-189 & ES-46) are not a part of the collateral associated with Loan No. 798-18 or any other loan. Safety Compliance -- The owner must immediately bring all vehicles into compliance with the Commission’s safety rules and regulations and notify the Commission in writing when done. Cash Flow Reports -- The owner must file a monthly cash flow statement with the Commission to show how the Company has spent its money. The first cash flow statement will be for the month of April and must be filed with the Commission by May 15, 1998. A cash flow statement for each month must be filed by the 15th of the subsequent month. 3. The Commission retains jurisdiction to effectuate the conditions imposed by this Order. DATED at Olympia, Washington, and effective this 25th day of March 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ANNE LEVINSON, Chair RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner