APPENDIX Protestants' pertinent authority' I. F-B Truck Line Company is authorized to transport iron and steel articles from Kaiser, Calif.. to points in Oregon and Washington; "size-and-weight" commodities between points in five specified Oregon Counties, on the one hand, and, on the other, points in seven specified California Counties (with specified exceptions); and "sizeand-weight" commodities between points in Washington and that part of Oregon on and north of the 44th parallel. 2. Sammons Trucking Company holds authority to transport iron and steel articles from points in California to points in Oregon and Washington. 3. Wilhelm Trucking Company is authorized to transport "size-and-weight" commodities between points in Oregon, on the one hand, and, on the other, points in California on and north of U.S. Highway 50, and between points in Oregon and Washington; general commodities (with exceptions) between Portland, Oreg., on the one hand, and, on the other, points in three specified Washington Counties, between Portland, Oreg., on the one hand, and, on the other points in five specified Oregon Counties, and between points within 3 miles of Portland, Oreg.; and heavy articles requiring the use of a crane for loading or unloading between points in Oregon and Washington. 4. E. L. Murphy Truck Lines, as operator of Dyer Transport, Inc., holds authority to transport heavy and bulky articles requiring specialized handling or rigging between points in Washington and in that part of Oregon east of the Cascade Mountains; and general commodities (with exceptions) between Vancouver, Wash., and Portland, Oreg., over a specified route. 5. Mitchell Bros. Truck Lines is authorized to transport "size-and-weight" commodities between points in Oregon and Washington, on the one hand, and, on the other, points in 16 specified California Counties, between Portland, Oreg., and Vancouver, Wash., on the one hand, and, on the other, points in California within 150 miles of the Oregon-California State line, between points in Oregon and Washington, between points in four specified Oregon Counties, on the one hand, and, on the other, points in a specified portion of northern California, between points in California, on and north of U.S. Highway 50, on the one hand, and, on the other, points in Lake County, Oreg., from San Francisco, Sacramento, and Oakland, Calif., to Klamath Falls, Oreg., between points in Lake and Klamath Counties, Oreg., between points in Klamath County, Oreg., on the one hand, and, on the other, points in nine specified California Counties, and between points in four specified Oregon Counties, on the one hand, and, on the other, points in nine specified California Counties; general commodities between points in Lake County, Oreg.; general commodities (with exceptions) from Redding, Calif., to three specified points in California and points on a specified portion of U.S. Highway 299 in California, between Klamath Falls, Oreg., on the one hand, and, on the other, points in Klamath County, Oreg., between Richmond and San Francisco, Calif., and points in a specified area near San Francisco, on the one hand, and, on the other, points in 37 specified California The authorities set forth above reflect the respective protestants' operating rights (held as of the time of the completion of the oral hearings herein) authorizing the transportation of the commodities in which Schnitzer Steel Products Company deals as demonstrated on the record herein. Where applicable, the authority specified by witnesses appearing for protestants has been set forth. Counties, and between points in Jackson County, Oreg., on the one hand, and, on the other, points in a specified portion of Siskiyou County, Calif.; junk from Klamath Falls, Oreg., to San Francisco, Calif.; and iron or steel plates, angles, channels and beams, and brass articles from Sacramento, Stockton, Oakland, and San Francisco, Calif., to Klamath Falls, Oreg. 6. Widing Transportation, Inc., holds authority to transport general commodities (with an exception) between Portland, Oreg., and Vancouver, Wash.; structural and fabricated iron and steel between points in Multnomah and Washington Counties, Oreg., on the one hand, and, on the other, points in Oregon and Washington (with exceptions); such of the immediately aforesaid commodities which require the use of special equipment between Portland, Oreg., on the one hand, and, on the other, five specified points in Washington and points in Washington on specified portions of certain specified highways; culverts and pipe, in lots of not less than 20,000 pounds, from Portland, Oreg., to points in Oregon and Washington; iron and steel, in lots of not less than 20,000 pounds, between points in Oregon, on the one hand, and, on the other, points in Washington; and "size-and-weight" commodities between points in Oregon and Washington. 7. International Transport, Inc., is authorized to transport "size-and-weight” commodities between points in California, on the one hand, and, on the other, points in Oregon and Washington. 8. J. H. Rose Truck Line, Inc., is authorized to transport "size-and-weight" commodities between points in California, on the one hand, and, on the other, points in Oregon and Washington. 9. C & H Transportation Co., Inc., holds certificates authorizing the transportation of "size-and-weight" commodities between points in Washington and Oregon, and between points in California, on the one hand, and, on the other, points in Oregon and Washington. 10. West Coast Truck Lines, Inc., holds authority to transport "size-and-weight" commodities between points in nine specified Oregon Counties and between the said nine specified Oregon Counties on the one hand, and, on the other, points in California; and general commodities (with exceptions) between Coos Bay, Oreg., on the one hand, and, on the other, Reedsport, Oreg., and points in Coos County, Oreg 11. Hayes Truck Lines, Inc., holds authority to transport general commodities (with exceptions) between Portland, Oreg., and Winlock, Wash., over a specified route, serving no intermediate points, from Tacoma, Wash., to points in seven specified Washington Counties, and between points within 3 miles of Tacoma, Wash. Counsel for the following five protestants entered into the record stipulations with applicant's counsel to the effect that witnesses for the said protestants, if called, would testify that protestants hold the below-specified authority. (Late-filed exhibits containing the pertinent operating authorities of the said protestants were subsequently filed.) 12. Silver Wheel Freightlines, Inc., is a general commodities carrier operating in Washington and Oregon, primarily in the Willamette Valley, along the Columbia River, and into the Tri-Cities area of Washington. 13. Garrett Freightlines, Inc., holds extensive general commodities authority in the States of California, Oregon, and Washington. 14. O.N.C. Motor Freight Systems serves numerous points in California, Oregon, and Washington in the transportation of general commodities. 15. Navajo Freight Lines, Inc., holds extensive general commodities authority within the State of California, and it interlines with Garrett and O.N.C. to provide service to numerous points in Oregon and Washington. 16. Consolidated Freightways Corporation of Delaware holds extensive general commodities authority within the States of California, Oregon, and Washington. No. MC-107012 (SUB-No. 195) NORTH AMERICAN VAN LINES, INC., Decided July 25, 1975 Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, over irregular routes, (1) of appliances in cartons or crates, from Searcy, Ark., to points in 19 States, and (2) of returned shipments in the reverse direction. Proceeding held open for further consideration of applicant's fitness subsequent to final determination of No. MC-C-7901 and MC-C8372. Dual operations prospectively approved. Terry G. Fewell for applicant. Joseph E. Rebman for protestant. REPORT OF THE COMMISSION REVIEW BOARD Number 3, MEMBERS BILODEAU, FORTIER, AND HILL BY THE BOARD: The modified procedure has been followed and the matter has been assigned to the board for disposition. By application filed January 7, 1974, as amended, North American Van Lines, Inc., of Fort Wayne, Ind., seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, over irregular routes, (1) of appliances, cartoned or crated, from Searcy, Ark., to points in California, Utah, Arizona, Colorado, New Mexico, Nebraska, Kansas, Oklahoma, Texas, Louisiana, Kentucky, Tennessee, Mississippi, Alabama, Georgia, Florida, Virginia, South Carolina, and North Carolina, and (2) of returned or damaged shipments of the commodity specified above from the destination. points specified in (1) above, to Searcy, Ark. The application is opposed by Superior Forwarding Company, Inc., a motor common carrier. Applicant is a motor common carrier of household goods and specified commodities from and to various points in the United States. Applicant is affiliated with a motor contract carrier, Relay Transport, Inc., which holds permits in No. MC-111309 and subnumbers thereunder. Relay's authority runs to certain foodstuffs. Applicant's New Products Division specializes in transporting new furnishings and appliances. Applicant maintains 742 tractors and 1,031 trailers in its New Products Division, particularly suited and designed to transport the considered commodities. It has several terminals, including one at Fort Smith, Ark. Applicant serves shipper extensively from its Ripon, Wis., plant and since 1974 has served shipper's Searcy facility to States not involved herein. Applicant has submitted appropriate financial data. Applicant's fitness is presently under investigation. Speed Queen, a division of McGraw Edison, supports the application. Speed Queen is a manufacturer of major appliances such as domestic and commercial laundry equipment, ranges, dishwashers, and air conditioners. An average of 10 loads of the above commodities, weighing approximately 22,000 pounds each, originate daily from its new plant at Searcy. The appliances are shipped to warehouses, retail establishments, and distributor outlets nationwide. Shipper has submitted a list of representative destination points and quantities to be shipped. It currently utilizes rail service and various combinations of motor carrier interline services. These services are inadequate because the rough transit ride of rail cars and the transfer of the appliances from carrier to carrier results in frequent and excessive damage. Speed Queen has used applicant's service to other destinations and under temporary authority and finds it satisfactory. Shipper also maintains a small private fleet. It asserts that protestant would not lose any significant amount of traffic were this application to be granted. As an example it points out that while applicant holds authority to serve St. Louis, Mo., it nonetheless uses protestant for that destination. Superior is a carrier of general commodities, with the usual exceptions, over regular routes. It holds authority, as pertinent, from Searcy to Memphis, Tenn., and serves points beyond Memphis by interline. No interline carrier opposes the application. Superior maintains terminals at St. Louis, Mo., Memphis, Tenn., Searcy, and Little Rock, Ark. It has a fleet consisting of 62 tractors and 205 trailers. It has submitted a traffic study showing 31 shipments transported for Speed Queen during a 3-month period. None of these shipments was destined to Memphis. Protestant maintains, however, that these interline shipments, presumably those through Memphis, will be subject to diversion if the application is granted. Protestant states that there have been no complaints regarding its service to Memphis, which it is most anxious to protect. Applicant has filed a rebuttal statement. DISCUSSION AND CONCLUSIONS In determining whether an applicant for motor common carrier authority has met its statutory burden of showing that the present or future public convenience and necessity require the operation it proposes, we must decide whether a public demand or need for the proposed service has been demonstrated; whether existing carriers can and will meet that need as well as applicant; and whether authorization of the new operation would endanger or impair the operations of existing carriers contrary to the public interest. PanAmerican Bus Lines Operation, 1 M.C.C. 190, 203 (1936). These factors must be balanced to discover whether the advantages to the public that would use the proposed service outweigh the disadvantages, real or potential, they may affect existing services. All American Bus Lines, Inc., Common Carrier Application, 18 M.C.C. 755, 766, 777 (1939). There has been demonstrated a need for applicant's proposed service which cannot be accommodated by protestant. Interline service is totally inadequate because of the extensive damage resulting from excessive handling of shipper's products. Protestant's main concern is diversion of its direct traffic to Memphis. Admittedly, some Memphis shipments now transported by Superior will be diverted to North American. For the most part, however, these shipments would otherwise be subject to interline, the avoidance of which is essential to proper delivery of shipper's products. Shipper has pointed out that both carriers currently hold authority to transport its products to St. Louis, and that Superior has suffered little or no diversion of traffic to that point which it serves as its final destination. The same circumstances should also obtain at Memphis. We believe Superior will suffer little or no damage from a full grant of authority in this proceeding, especially considering the great advantage to the shipping public. As matters concerning the fitness of applicant are in issue in a pending proceeding in Nos. MC-C-7901 and MC-C-8372, it is inappropriate here to determine applicant's fitness properly to perform the proposed service in conformity with the requirements of the Interstate Commerce Act and the Commission's rules and regulations thereunder. Therefore, the instant proceeding will be held open for |