No. MC-45 (SUB-No. 2)

WISCONSIN POWER & LIGHT COMPANY EXTENSIONFOND DU LAC-OSHKOSH

Decided August 17, 1938

Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, of passengers and their baggage, and of emergency express and newspapers in the same vehicle with passengers, in interstate or foreign commerce, between Fond du Lac and Oshkosh, Wis., and intermediate points, over a specified route. Certificate granted.

B. E. Miller for applicant.

REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS MEYER, SPLAWN, AND ROGERS BY DIVISION 5:

On July 28, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 96, were served on the parties. No exceptions to the order have been filed, and, not having been stayed or postponed by us, it has become effective as our order.

REPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 96, COMPOSED OF FRED S. HUNT OF WISCONSIN

By application filed May 31, 1938, Wisconsin Power and Light Company, of Madison, Wis., a corporation, doing business as the Orange Line, seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, of passengers and their baggage, and of emergency express and newspapers in the same vehicle with passengers, in interstate or foreign commerce, between Fond du Lac and Oshkosh, Wis., and intermediate points, over U. S. Highway 45. No protest against the granting of the application was filed.

It appearing, upon investigation of the matters involved in the application, that no hearing in respect thereof might be necessary, the application was referred to joint board No. 96 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935.

Applicant now operates five round trips daily between Fond du Lac and Oshkosh over U. S. Highway 41. This route, beginning at the junctions with U. S. Highway 45, is several miles distant from the shore of Lake Winnebago. The route sought herein parallels the shore and would furnish transportation facilities to summer residents and others in this vicinity. Applicant proposes to establish three round trips over the proposed route and to continue two over the present route as an alternate route. There are no competing carriers between the points affected. Applicant is fit, financially and otherwise, to conduct the proposed operation.

It appears that the proposed operation will result in bus service to a territory which needs this facility and that it will enable applicant to use a convenient alternate route between Fond du Lac and Oshkosh.

The joint board finds that the present and future public convenience and necessity require the service proposed by applicant; that applicant is fit, willing, and able properly to perform the proposed service and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder; and that an appropriate certificate should be granted.

It is recommended that the appended order be entered.

9 M. C. C.

No. MC-1511 (SUB-No. 2)1

PACIFIC GREYHOUND LINES EXTENSION-MARIN COUNTY, CALIF.

Decided August 15, 1938

Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, of passengers and their baggage and of express, mail, and newspapers in the same vehicle with passengers, in interstate or foreign commerce, between certain points in California, over specified routes. Certificate granted. Application in No. MC-1511 (Sub-No. 2) dismissed at request of applicant.

H. D. Richards and H. C. Lucas for applicant.

REPORT OF THE COMMISSION

DIVISION 5, COMMISSIONERS MEYER, SPLAWN, AND ROGERS

BY DIVISION 5:

On July 21, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 75, were served on the parties. No exceptions to the order have been filed, and, not having been stayed or postponed by us, it has become effective as our order.

REPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 75, COMPOSED OF WARREN K. BROWN OF CALIFORNIA

By six applications, bearing respective subnumbers, filed August 5, 1937, August 20, 1937, September 16, 1937, April 12, 1938, July 29, 1937, and February 19, 1938, respectively, Pacific Greyhound Lines, of San Francisco, Calif., doing business as Greyhound Lines, seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of passengers and their baggage and of express,2 mail, and news

1 This report also embraces No. MC-1511 (Sub-No. 5), Pacific Greyhound Lines Extension-Shore Line Highway; No. MC-1511 (Sub-No. 7), Pacific Greyhound Lines Extension-San Luis Obispo; No. MC-1511 (Sub-No. 9), Pacific Greyhound Lines ShortLine Extensions; No. MC-1511 (Sub-No. 10), Pacific Greyhound Lines Extensions in Southern California; and No. MC-1511 (Sub-No. 11), Pacific Greyhound Lines Extension-Niland.

2 Express is limited to single packages not exceeding 100 pounds in weight, to be transported on passenger vehicles only, excepting shipments transported for or through the agency of Railway Express Agency, Incorporated, of milk and cream, and empty containers of such commodities, when being transported to or from a rail junction point in connection with rail transportation thereof.

papers in the same vehicle with passengers, between the points and over the routes described in the appendix hereto, serving all intermediate points. No protests against the granting of the applications have been filed.

It appearing, upon investigation of the matters involved in the applications, that no hearing in respect thereof might be necessary, the applications were referred to joint board No. 75 for appropriate proceedings, in accordance with the Motor Carrier Act, 1935.

There is now pending an application in No. MC-1511, filed by applicant under the "grandfather" clause of the act, covering passenger operations over specified routes in the States of California, Oregon, Nevada, Utah, Arizona, New Mexico, and Texas. This application is being considered in another proceeding.

Applicant was incorporated under the laws of the State of California on October 25, 1919, and is one of a number of corporations included in the Greyhound Corporation system. The latter corporation controls applicant through stock ownership. The extensions of operations under consideration are all in the State of California, in territory already served by applicant, and the joint board is of the opinion that applicant is in a better position to render an efficiently coordinated service more readily than would another carrier establishing new or independent operation in territory not already served by it.

No. MC-1511 (Sub-No. 2).—This application covers proposed extensions identified in the appendix as routes 1 to 5, inclusive. After this application was referred to the joint board, counsel for applicant requested permission to withdraw the application. It should be dismissed.

No. MC-1511 (Sub-No. 5).—The extensions proposed by this application are referred to in the appendix as routes 6 to 9, inclusive, and are all located in territory presently served by applicant. Each of the proposed routes will form an integral part of applicant's existing routes. The proposed routes, covering a distance of about 90 miles, extend over a coastside territory of scenic beauty and attraction to tourists. At present there is no interstate common-carrier passenger service between San Francisco and Santa Cruz over the Shore Line Highway, nor is there any such service between San Mateo and Half Moon Bay, nor between Redwood City, on the one hand, and Pescadero and San Gregorio, on the other.

No. MC-1511 (Sub-No. 7).-This application covers extensions to existing operations over routes 10 to 29, inclusive, as set forth in the appendix. The San Francisco-Boulder Creek and Monterey-San Luis Obispo extensions will provide service over newly constructed highways along the California coast, over which tourists and sight

seers have demanded such service. Communities heretofore without any bus service will also be benefited by the proposed service. The San Bruno-San Bruno Junction extension is a short connection between U. S. Highway 101, one of applicant's existing routes, and route 10 herein, which will be used for extra sections of schedules. The extension proposed from San Mateo, located on U. S. Highway 101, an existing route, to Crystal Springs Dam, located on route 10 herein, will be utilized as part of an alternate route between Crystal Springs Dam and San Francisco in lieu of the route over California Highway 5. Operations over these proposed routes will offer better service to the public than at present. With regard to the Agnew Road-San Jose extension, applicant has been operating over the Bay Shore Highway to the termination thereof at Agnew Road. This highway has now been extended from the latter point to San Jose and will permit applicant to operate its limited schedules thereover with no change in service to Santa Clara, thereby rendering a more efficient service than heretofore. The West Vacaville-East Vacaville and Vacaville-South Vacaville extensions will provide a more direct route for such of applicant's through schedules as are not required to serve Vacaville, resulting in faster service to the public. The purpose of the Capitola RoadCapitola extension is to eliminate the necessity of making a side trip to Capitola which requires a back-haul over a portion of the route as well as unsatisfactory turning arrangements in the proximity of the Southern Pacific Company depot at Capitola. The extension from West Side Junction to Modesto will save about 3 miles in distance and less congestion will be encountered. It will be used for certain through and limited schedules, with no decrease in service over the present route. The proposed route between Oakland and Borden Junction will enable applicant to save 5 miles in distance and will also provide an additional route between Stockton and the San Francisco Bay area, with no diminution of service over the present route. The Morrow Cove-Cordelia Junction extension offers a cut-off over California Highway 7 over an improved highway, eliminating railroad grade crossings, and cutting off 7 miles in distance over its present route. The extension between Vallejo and East Vallejo will be used as an optional route for second sections of schedules as no regular service will be established over this route except as traffic demands warrant. The purposes of the PetalumaShellville and West Shellville-North Shellville extensions are to permit the diversion of the heavy volume of mail and express from through San Francisco-Sonoma Valley schedules. Mail and express will be handled by rail to Petaluma, thence over the proposed route into Sonoma Valley, thereby permitting the through San Francisco