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R* M Ie M O CO GD Cn BEFORE the PUBLIC UTILITIES COMMISSION

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R* M Ie M O CO GD Cn BEFORE the PUBLIC UTILITIES COMMISSION BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF HAWAII In the Matter of the Application of) ) WESTERN MOTOR TARIFF BUREAU, INC. ) {NON-DOCKETED) . ) On Behalf of Robert's Tours and ) Transportation, Inc., for Approval ) to Implement Certain Tariff Changes) on Short Notice. ) Application No. 4908-8-C, Filed on ) October 2, 2017. ) ) ORDER NO. 3 4 8 6 3 APPROVING REQUEST TO IMPLEMENT CERTAIN OAHU-BASED TARIFF CHANGES ON SHORT NOTICE CD C~> Ti •nm*f ~cz r* m iE m o CO GD cn BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF HAWAII In the Matter of the Application of) ) WESTERN MOTOR TARIFF BUREAU, INC. ) (Non-Docketed) ) On Behalf of Robert's Tours and ) Order No. 3 4 8 6 3 Transportation, Inc., for Approval ) to Implement Certain Tariff Changes) on Short Notice. ) Application No. 4908-8-C, Filed on ) October 2, 2017. ) ) APPROVING REQUEST TO IMPLEMENT CERTAIN OAHU-BASED TARIFF CHANGES ON SHORT NOTICE By this Order, the commission approves WESTERN MOTOR TARIFF BUREAU, INC.'S ("WMTB") request to implement certain Oahu-based tariff changes to its Tariff No. 8-C on short notice, as set forth in its Application No. 4908-8-C, filed on October 2, 2017; provided that said tariff changes shall take effect on October 16, 2017, which is approximately sixteen days less than the thirty-day notice period set forth in Hawaii Revised Statutes ("HRS") § 271-21(c) and Hawaii Administrative Rules ("HAR") § 6-61-93(a). WMTB filed its request on behalf of Robert's Tours and Transportation, Inc., dba Roberts Hawaii Tours, a member carrier. I. Background For the island of Oahu: 1. Robert's Tours and Transportation, Inc., dba Roberts Hawaii Tours {"Robert's" or "RTT"), is authorized by its commission-issued Certificate of Public Convenience and Necessity No. 821-C to operate as a common carrier by motor vehicle of: A. Passengers over irregular routes in the l-to-7, 8-to-25, and over-25 passenger classifications; B. Passengers over regular routes in the over-25 passenger classifications, limited to certain geographical areas; and C. Property in the specific commodities classification over irregular routes;^ and 2. SpeediShuttle, LLC ("SpeediShuttle"), is authorized by its commission-issued Certificate of Public Convenience and Necessity No. 5668-C to operate as a common carrier by motor vehicle of passengers over irregular routes in the l-to-7, 8-to-25, and over-25 passenger classifications.^ ^See In re Polynesian Adventure Tours, LLC, Robert's Tours and Transp., Inc., and Carry-All, Inc., Docket No. 2016-0160, Application, filed on June 24, 2016, at 6-7; and Order ,No. 33974, filed on October 12, 2016, at 4. Application No. 4908-8-C SpeediShuttle currently operates the on-demand shuttle service concession at the Honolulu International Airport, pursuant to a contract with the State of Hawaii, Department of Transportation {"DOT"), that is scheduled to expire on October 15, 2017.^ A copy of SpeediShuttle's existing, commission-approved tariff for its shared shuttle, Honolulu International Airport service, is attached as Exhibit 1 to this Order. On or around March 15, 2017, DOT issued a Request for Proposals and Concession Agreement Relating to the Operation of the On-Demand Shuttle Services Concession at the Honolulu International Airport, Island of Oahu, State of Hawaii (the "RFP").'* On or about August 3, 2017, DOT awarded the Concession Agreement to RTT. RTT and SpeediShuttle were apparently the only two bidders that were qualified by DOT to submit Proposal Packages in response to the RFP.^ 2§ee In re SpeediShuttle, LLC, Docket No. 2016-0104, Decision and Order No. 34774, filed on August 30, 2017, at 1-2. ^SpeediShuttle's Civil Complaint, filed on October 4, 2017, in the First Circuit Court, in Civil No. 17-1-1621-10 JPC ("Civil Complaint"), at 3. ^Civil Complaint, at 3. V ^Civil Complaint, at 3-6. Application No. 4908-8-C 3 On September 27, 2017, WMTB filed Rate Notice No, 4908-8-C, proposing certain Oahu-based tariff changes to its Tariff No. 8-C, on behalf of RTT, to take effect on October 28, 2017. WMTB served a copy of Rate Notice No. 4908-8-C upon the Department of Commerce and Consumer Affairs, Division of Consumer Advocacy ("Consumer Advocate"). Thereafter, on October 2, 2017, WMTB filed Application No. 4908-8'C: (1) withdrawing Rate Notice No. 4908-8-C, filed on September 27, 2017; and (2) replacing said rate notice with its request to approve on short notice certain proposed Oahu-based tariff changes to its Tariff No. 8-C, on behalf of RTT, to take effect on October 9, 2017. As WMTB explains in the subject application: Carrier is filing a new on demand express shuttle for transfers from the airport to various locations island wide. Application No. 4908-8-C, filed on October 2, 2017, Exhibit I. WMTB served a copy of Application No. 4908-8-C upon the Consumer Advocate. A copy of WMTB's subject application is attached as Exhibit 2 to this Order. On October 4, 2017, SpeediShuttle filed three different sets of documents, one set with the commission and two sets with the First Circuit Court. Specifically: 1. SpeediShuttle filed a protest letter with the commission, objecting to the proposed tariff changes reflected in Application No. 4908-8-C WMTB filed Application No. 4908-8-C, filed on October 2, 2017. While SpeediShuttle refers to four exhibits (Exhibits A to D) and an' enclosure, a draft copy of a "Circuit Court action that SpeediShuttle is filing concurrently with [its] tariff protest letter" is the only document that is attached to SpeediShuttle's protest letter.® 2. SpeediShuttle filed a civil complaint with the First Circuit Court (Civil No. 17-1-1621-10 JPC)(i.e., the "Civil Complaint"), naming as defendants Robert's Hawaii, Inc.; RTT; the State of Hawaii, Director of Transportation; and various DOE defendants. SpeediShuttle requests that the court enter an order which enjoins RTT "from operating the HNL On-Demand Shuttle Service Concession until it is able to deliver the service promised in its Proposal Package, including the minimum 50 2018 Vehicle Fleet and shared-shuttle airport transfers to all destinations island wide using the 2018 Vehicle Fleet [.]"'^ In the alternative, SpeediShuttle requests that the court "enter an order: (i) rescinding and canceling the Contract between Roberts and DOT; (ii) ordering DOT to reissue the RFP; and (iii) ordering the DOT ^SpeediShuttle's letter, filed on October 4, 2017, at 3 “^Civil Complaint, at 13. Application No. 4908-8-C 5 to award the HNL On-Demand Shuttle Service Concession to the highest bidder pursuant to HRS § 102-9 [.]"® 3. SpeediShuttle also concurrently filed a motion for temporary restraining order with the First Circuit Court (Civil No. 17-1-1621-10 JPC), naming the same defendants. Subsequently, on October 6, 2017, SpeediShuttle re-filed its protest letter with the commission, explaining: This letter was originally sent on October 4, 2017. The exhibits were inadvertently excluded, and Robert's and the Consumer Advocate were not copied. This copy of the letter and exhibits are being delivered to Robert['3s and the Consumer Advocate. Other than these changes noted in this footnote to this letter is identical to the letter sent October 4, 2017. SpeediShuttle's protest letter, re-filed on October 6, 2017. The commission notes that SpeediShuttle's re-filed protest letter includes four exhibits (Exhibits A to D) , plus a file-stamped copy of SpeediShuttle's Civil Complaint, in place of the draft version that was attached as the sole enclosure to SpeediShuttle's initial protest letter, dated October 4, 2017. SpeediShuttle, by its re-filed protest letter, requests that the commission deny the proposed tariff changes, hold a hearing on the proposed tariff changes, and temporarily suspend the proposed tariff changes pending a hearing. ®Civil Complaint, at 13. Application No. 4908-8-C On the afternoon of October 9, 2017, the Honorable Jeffrey P. Crabtree held a hearing on SpeediShuttle's motion for temporary restraining order. According to the Court Minutes of said hearing: (1) the parties were instructed to file supplemental briefs by October 11, 2017, 4:00 p.m.; and (2) the "Court will not set hearing date at this time."^ According to WMTB, RTT's contract with the DOT, Airports Division, is scheduled to commence on October 16, 2017. II. Request for Approval on Short Notice The just and reasonable standard applies to proposed tariff changes filed by a motor carrier. In this regard, HRS § 271-20 states: Rates, fares and charges of common carriers by motor vehicle. (a) It shall be the duty of every common carrier of passengers by motor carrier to provide safe and adequate service, equipment, and facilities for the transportation of passengers and to establish, observe, and enforce just and reasonable rates, fares, and charges, and just and reasonable regulations and practices relating thereto, and to the issuance, form, and substance of tickets, the carrying of personal, sample, and excess baggage, the facilities for ^See Hawaii State Judiciary's Public Access Non-Criminal Case Information website (also known as "Ho'ohiki"), Case ID No. 1CC171001621. ^'^Application No. 4908-8-C, Exhibit II. Application No. 4908-8-C transportation, and all other matters relating to or connected with the transportation of passengers. (b) It shall be the duty of every common carrier of property by motor vehicle to provide safe and adequate service, equipment, and facilities for the transportation of property and to establish, observe, and enforce just and reasonable rates, charges, and classifications, and just and reasonable regulations and practices relating thereto, and to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property.
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