Decision No. C00-936

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO

DOCKET NO. 00A-430BP-TA

THE APPLICATION OF Glen Bjork, DOING BUSINESS AS Transportation Time, FOR TEMPORARY AUTHORITY TO CONDUCT OPERATIONS AS A CONTRACT CARRIER BY MOTOR VEHICLE FOR HIRE.

COMMISSION ORDER GRANTING
TEMPORARY AUTHORITY

Mailed Date: August 25, 2000

Adopted Date: August 23, 2000

I.  BY THE COMMISSION:

A.  Statement

1.  On July 27, 2000, Glen Bjork, doing business as Transportation Time ("Applicant"), filed an application for temporary authority to conduct operations as a contract carrier by motor vehicle for hire for the transportation of passengers and their baggage: (1) Between parking lots located at 1575 Garden of the Gods Road, in Colorado Springs, Colorado, on the one hand, and parking lots located at Coronado High School, 1590 West Fillmore Street, in Colorado Springs, Colorado, on the other hand; and (2) Between parking lots owned or leased by either Intel Corporation or DPR Construction, Inc. The application was restricted as follows: (A) Items (1) and (2) are restricted to providing transportation services for DPR Construction, Inc., in furtherance of DPR Construction, Inc.'s general construction contract with Intel Corporation regarding the construction of Intel Fab23; (B) Item (1) is restricted against providing transportation services after August 26, 2000.

2.  The Commission gave notice of the application on August 14, 2000.

3.  There are no interventions opposing a grant of the application.

4.  Pursuant to §40-6-120(1), C.R.S., the Commission is authorized to grant temporary authority when "there appears to be an immediate and urgent need to any point or within a territory having no carrier service capable of meeting such need."

5.  Applicant must meet a two-fold test: first, that there is an immediate and urgent need for the transportation services, and second, that there is no existing carrier capable of meeting the need. If Applicant fails to meet either test, the application must be denied.

B.  Findings of Fact

1.  The support filed on behalf of this application consists of a letter from DPR Construction, Inc. (“DPR”). The letter references an “emergency” need for transportation arising out of a shortage of available parking for DPR’s employees, contractors, and sub-contractors. DPR’s letter, taken together with the Applicant’s statement of support, indicates that the Applicant will provide specialized and dedicated transportation services to DPR.

C.  Conclusions

1.  An immediate and urgent need for the requested transportation services exists, and there is no other carrier capable of providing the service.

2.  Applicant has adequate equipment and financial resources to begin immediate service within the scope of the authority sought.

3.  This application for temporary authority is in the public interest.

4.  Applicant is advised that the grant of a temporary authority creates no presumption that a permanent authority will be granted.

II.  ORDER

A.  The Commission Orders That:

1.  Glen Bjork, doing business as Transportation Time, is granted temporary authority to conduct operations as a contract carrier for a period of 180 days commencing from the Mailed Date of this Order, with authority as set forth in the Appendix.

2.  Glen Bjork, doing business as Transportation Time, shall operate in accordance with all applicable Commission rules and regulations.

3.  Glen Bjork, doing business as Transportation Time, shall not commence operation until he has (a) paid the vehicle identification fees, (b) caused to be filed certificates of insurance as required by Commission rules, (c) filed an approved tariff, and (d) received written notice from the Commission that he is in compliance and may begin service.

4.  If Glen Bjork, doing business as Transportation Time, does not comply with the requirements of this Order within 30 days of its effective date, then the temporary authority shall be void. For good cause shown, the Commission may grant additional time for compliance if the request for additional time is filed within the 30 days.

5.  The 20-day time period provided by §40-6-114(1), C.R.S., to file an application for rehearing, reargument, or reconsideration shall begin on the first day after the Commission mails or serves this Order.

6.  This Order is effective on its Mailed Date.

B.  ADOPTED IN THE COMMISSIONERS' WEEKLY MEETING August 23, 2000.

THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
RAYMOND L. GIFFORD
______
ROBERT J. HIX
______
POLLY PAGE
______

Commissioners

(S E A L)

ATTEST: A TRUE COPY

Bruce N. Smith
Director

o:\trans\orders\00A430TA.DOC

5

Transportation of passengers and their baggage:

(1) Between parking lots located at 1575 Garden of the Gods Road, in Colorado Springs, Colorado, on the one hand, and parking lots located at Coronado High School, 1590 West Fillmore Street, in Colorado Springs, Colorado, on the other hand; and

(2) Between parking lots owned or leased by either Intel Corporation or DPR Construction, Inc.

This temporary permit is restricted as follows:

(A) Items (1) and (2) are restricted to providing transportation services for DPR Construction, Inc., in furtherance of DPR Construction, Inc.'s general construction contract with Intel Corporation regarding the construction of Intel Fab23;

(B) Item (1) is restricted against providing transportation services after August 26, 2000.

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BEFORE THE PUBLIC UTILITIES COMMISSION

OF THE STATE OF COLORADO

CERTIFICATE OF SERVICE

DOCKET NO. 00A-430BP-TA-Errata

DECISION NO. C00-936-E

(Page 1 of 1 Page)

I, Bruce N. Smith, Director of the Public Utilities Commission of the State of Colorado, certify that I served a true and correct copy of the above Commission Decision -- entered in the above numbered matter of record -- upon each of the persons whose names and addresses appear below, by mailing the same in sealed envelopes properly addressed, with sufficient postage prepaid to carry the same to its destination on the date noted on this certificate at Denver, Colorado.

APPLICANT:

Glen Bjork

dba Transportation Time

P.O. Box 268

Black Hawk, CO 80422

APPLICANT'S ATTORNEY:

I. H. Kaiser

Berenbaum, Weinshienk & Eason, P.C.

370 17th Street, Suite No. 2600

Denver, CO 80202-5626

ROUTE:

1,2,3,4

6/Docketing

9,10,10.1,21,23

40/5 copies

50,60

Black Book

Operating Rights Unit

DMS (plus certificate)

/ WITNESS MY HAND AND THE SEAL OF THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO

Director

BEFORE THE PUBLIC UTILITIES COMMISSION

OF THE STATE OF COLORADO

CERTIFICATE OF SERVICE

DOCKET NO. «DOCKET_NO»-TA

DECISION NO. «DEC_NO»

(Page 1 of 1 Page)

I, Bruce N. Smith, Director of the Public Utilities Commission of the State of Colorado, certify that I served a true and correct copy of the above Commission Decision -- entered in the above numbered matter of record -- upon each of the persons whose names and addresses appear below, by mailing the same in sealed envelopes properly addressed, with sufficient postage prepaid to carry the same to its destination on the date noted on this certificate at Denver, Colorado.

/ WITNESS MY HAND AND THE SEAL OF THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO

Director