provided special training for their drivers in the handling of radioactive materials. Neither Ligon nor Usher have any experience in transporting radioactive materials nor have they transported any commodities for the supporting shipper. NECO's customers are utilities, industries, and agencies of government which generate waste materials and the traffic is not necessarily moved to the nearest burial site. The evidence shows transcontinental movements are occasionally made. The evidence is clear that additional service is needed by the supporting shipper. The nature of the involved commodities make it mandatory that reliable and trained transportation services are available. Tri-State and Davis have the expertise and trained personnel necessary to provide immediate service to NECO to meet its expanding needs. As Ligon and Usher have no expertise or trained personnel in transporting radioactive materials and no need has been shown for their services, our grant of authority, therefore, will be limited to Tri-State and Davis. to Consistent with the imposition of a 5-year limitation on the rights transport nuclear wastes in Tri-State Trucking Co. Extension-Arco, Idaho, 83 M.C.C. 247 (1960), we will impose such limitation here. One additional matter requires brief mention. It appears to us that the proposed description "nonradioactive waste materials requiring special disposition for ecological purposes" could be the subject of varying interpretations and could lead in the future to possible interpretative difficulties. In order to avoid such undesirable eventualities, and considering shipper's description of such traffic, our grant of authority will be in terms of "nonradioactive toxic materials." FINDINGS We find that the present and future public convenience and necessity require operation by applicants, in Nos. MC-109397 (SubNo. 306) and MC-111397 (Sub-No. 109), in interstate or foreign. commerce, as common carriers by motor vehicle, over irregular routes, of the commodities and from and to the points set forth in the appendix to this report; that applicants are fit, willing, and able properly to perform such services and to conform to the requirements of the Interstate Commerce Act and the Commission's rules and regulations thereunder; that this decision is not a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969; and that a certificate authorizing such operation should be granted to each applicant; that the above-mentioned certificates will be subject to the condition that they should be limited in point of time to a period expiring 5 years from the date of issuance thereof, and the certificates shall further be subject to the condition that to the extent they duplicate any other authority held by that applicant, they shall be construed as conferring only a single operating right; and that each application in all other respects should be denied. We further find that the applicants in Nos. MC-119777 (Sub-No. 309) and MC-126899 (Sub-No. 80), have failed to establish that the present or future public convenience and necessity require the proposed operations; and that each such application should be denied. Upon compliance by each applicant in Nos. MC-109397 (Sub-No. 306) and MC-111397 (Sub-No. 109), with the requirements of sections 215, 217, and 221(c) of the act, and with the Commission's rules and regulations thereunder, within the time specified in the order entered concurrently herein, appropriate certificates will be issued. An appropriate order will be entered. COMMISSIONER CHRISTIAN, Concurring: The report correctly awards licenses to two carriers which are well qualified to handle shipper's hazardous materials traffic. The need for expert and reliable transportation services has been recognized and filled. My concern is that a competent case-by-case handling of applications for the carriage of hazardous materials may not add up to a coherent policy in this critical area. I believe that the Commission should take a close look at its licensing policy for carriers of dangerous articles and decide how well it is meeting commercial and national defense needs. COMMISSIONER MURPHY dissents. 125 M.C.C. APPENDIX Service authorized: Operation by applicants in Nos. MC-109397 (Sub-No. 306) and MC-111397 (SubNo. 109), in interstate or foreign commerce, as common carriers by motor vehicle, over irregular routes, of radioactive waste materials and nonradioactive toxic materials and containers and equipment used in the transportation or disposition of such commodities: (1) In No. MC-109397 (Sub-No. 306) between the facilities of Nuclear Engineering Company, Inc., located at or near Sheffield, Ill., Richland, Wash., Beatty, Nev., and San Ramon, Calif., and the facilities of Texas Ecologists Company, Inc., located at or near Robstown, Tex., on the one hand, and, on the other, points in the United States (except in Hawaii and Alaska), restricted to the transportation of traffic originating at or destined to the facilities of Nuclear Engineering Company, Inc., or Texas Ecologists Company, Inc., specified above. (2) In No. MC-111397 (Sub-No. 109), between the facilities of Nuclear Engineering Company, Inc., located at or near Maxey Flats, Ky., Sheffield, Ill., Richland, Wash., Beatty, Nev., and San Ramon, Calif., and the facilities of Texas Ecologists Company, Inc., located at or near Robstown, Tex., on the one hand, and, on the other, points in the United States, including Alaska but excepting Hawaii, restricted to the transportation of traffic originating at or destined to the facilities of Nuclear Engineering Company, Inc., or Texas Ecologists Company, Inc., specified above. Conditions imposed in (1) & (2) above: That the certificate shall be limited in point of time to a period expiring 5 years from the date of issuance. 125 M.C.C. No. MC-30844 (SUB-NO. 477) KROBLIN REFRIGERATED XPRESS, INC., EXTENSIONMORROW, GA. (WATERLOO, Iowa) Decided August 24, 1976 On reconsideration, findings in decision and order of June 24, 1975 (not printed), reversed in part. Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, over irregular routes, of footwear, from Morrow, Ga., to points in 13 States, subject to a restriction. Issuance of a certificate approved upon compliance by applicant with certain conditions, and application in all other respects denied. Truman A. Stockton, Jr., for applicant. Pansy H. Beroth, David F. Eshelman, Robert W. Gerson, Ralph B. Matthews, Jay Miner, John R. Murphy, Jr., and David L. Osborne for protestants. John F. Ward for shipper-intervener. REPORT OF THE COMMISSION ON RECONSIDERATION DIVISION 1, ACTING AS AN APPELLATE DIVISION, COMMISSIONERS GRESHAM. Commissioner: By application filed July 25, 1973, as amended, Kroblin Refrigerated Xpress, Inc., of Waterloo, Iowa, 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, of footwear from Morrow, Ga., to points in Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and Wisconsin, restricted to shipments originating at the warehouse facilities of Meldisco Shoe, division of Melville Shoe Corporation, 125 M.C.C. at or near Morrow, Ga., and destined to the above-named States. The application is opposed by Ryder Truck Lines, Inc.' In an initial decision served September 16, 1974, the Administrative Law Judge recommended that the application be granted in its entirety, primarily on the grounds that the service proposed by applicant “will afford shipper a more flexible, improved transportation service than that afforded by protestants." On exceptions, Review Board Number 1, by decision and order entered June 24, 1975, modified the Administrative Law Judge's recommended grant, concluding "that the evidence warrants a grant of authority to only those States which protestants cannot serve The review board thereupon granted applicant authority only to points in Iowa, Minnesota, Nebraska, North Dakota, and South Dakota, subject to a restriction. Thereafter, upon consideration of the record, the petition for reconsideration filed by applicant and the reply there to filed by protestant Ryder, and for good cause shown, we reopened the proceeding for reconsideration on the present record by order entered March 3, 1976. In its petition, applicant contends that the review board erroneously denied that portion of the application seeking authority to points in Arkansas, Kansas, Louisiana, Missouri, Oklahoma, Tennessee, Texas, and Wisconsin. It argues that the modification which the review board made in the recommended grant of the Administrative Law Judge is based upon incorrect findings (1) that shipper has not demonstrated a need for service which cannot be met by protestants ***," and (2) that a granting of the application in its entirety would subject the regular-route protestants to "cream skimming" which would be at the expense of the regular-route protestants and the shipping public which must rely on their services. In reply, protestant Ryder contends the review board correctly modified the recommended grant in the initial decision of the Administrative Law Judge to eliminate authority to those eight States as noted above. It argues that the review board's 'Four other motor common carriers-Gordons Transports, Inc., Terminal Transport Company, Inc., Yellow Freight System, Inc., and its affiliate, Adley Corporation, and T.I.M.E.-DC, Inc.-appeared at the hearing and presented evidence in opposition to the application. However, these carriers (with the exception of T.I.M.E.-DC) did not file exceptions to the initial decision of the Administrative Law Judge or reply to applicant's petition for reconsideration. While T.I.M.E.DC did file a joint exception (together with Ryder), it has not filed a reply to applicant's petition for reconsideration. Thus, it appears that these carriers lack any further interest in this proceeding and their evidence will not be discussed in detail herein. Cf., Morgan Drive-Away, Inc., Ext.-Virginia, 113 M.C.C. 137, 138 (1971); and Hunt Transp., Inc., Ext.-Points in Three States, 124 M.C.C. 362. 363 (1976). |