Article 11.  Other Applications or Petitions

42. (Rule 42)  Generally

Applications and pleadings relating to matters not specifically mentioned in these rules shall be in compliance with Rules 2 through 2.6, 15, and 16. Inquiries may be directed to the Executive Director of the Commission. An application to modify the subject matter of a previous related proceeding may incorporate such proceeding by reference.

Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Section 1701, Public Utilities Code.

42.1. (Rule 42.1)  Deviations from Established Minimum Rates

(a) Original Deviations. Transportation performed under operating conditions which are unusually favorable, or are substantially different from those considered in establishing the minimum rates, may justify authority from the Commission to assess a rate lower than the established minimum rate for such transportation.

(1) Applications under Public Utilities Code Sections 3666 and 5195. A carrier seeking to assess less than an established minimum rate must file an application which shows its overall financial condition, as well as the transportation conditions that will permit profitable operations to be performed under the proposed rate. The special circumstances under which the particular transportation will be performed should be shown, such as:

1. High frequency of trips

2. Heavy loadweights

3. Available loading and unloading facilities

4. Efficient loading and unloading procedures

5. Special lightweight equipment

6. Any other favorable operating conditions

The cost of performing the service for which a rate lower than minimum is proposed should be shown in appropriate terms, i.e., cost per mile, cost per 100 pounds, cost per load, or cost per hour. The anticipated revenue yield of the transportation to be performed at the sought rate should be measured against the total cost developed for that transportation.

Copies of a sample application form and instructions are available at Commission offices. Copies of the application must be served on all carriers known to be providing this service, and a certificate of service showing the individual carriers served shall be attached to the application. Furthermore, copies of the application must be served on any party who makes a written request for the application, within five (5) calendar days from the postmark on said written request. Depositing a properly addressed and stamped copy of the application in the United States mail shall constitute such service.

(2) Petitions under Public Utilities Code Section 452. The filing must be made as a petition in the appropriate minimum rate case and shall include all information required by Rule 42(a) plus a showing that the needs of commerce or the public interest require the requested deviation.

(b) Renewal of Deviations. A carrier seeking renewal of its deviation authority should show its overall operating results and its experience with the particular operations involving the deviation. It should be shown that either increases in operating expenses would be covered by expected revenues or suitable increases in the deviation rate should be requested.

Renewals of existing deviations authorized under Public Utilities Code Sections 3666 and 5195 are filed under the Special Deviation Docket. Copies of a sample application form and instructions are available at Commission offices.

Renewals of existing deviations authorized under Public Utilities Code Section 452 are filed under the normal procedure governing all applications. Copies of a sample application form and instructions are available at Commission offices.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 452, 3666 and 5195, Public Utilities Code.

42.2. (Rule 42.2)  Protests to Deviations

(a) Form and Contents of Protest to Minimum Rate Deviations. A protest to an application or petition for authority to assess less than the established minimum rate(s) under Sections 452, 3666, and 5195 of the Public Utilities Code may be filed by any person or entity. The specific facts upon which the protest is based shall be set forth in ordinary and concise language. The protest shall be so drawn as to completely advise the applicant or petitioner and the Commission of the facts constituting the grounds of the protest, the injury complained of and the exact relief which is desired. The protest shall be verified and contain a certificate of service as required by Rules 2 through 2.6 of the Rules of Practice and Procedure.

A protest to a deviation must be received by the Commission within 20 days of the publication of the filing of the application or petition to deviate in the Commission calendar.

(b) Procedure Upon Filing of Protest. An applicant or petitioner shall be allowed 20 days from the date of the certificate of service of the protest to file in writing any objections or comments it has to the protest, or additional information. The Commission may then, without further argument and without hearing, grant or deny the proposed deviation, or set the matter for hearing. It may also grant the proposed deviation on an interim basis, subject to cancellation or modification after hearing.