North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 9 - MISCELLANEOUS › Section 11 R02-47 - DISCONTINUANCE OF SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No common
				  carrier shall abandon or discontinue any service authorized by its certificate
				  without first obtaining written authority from the Commission. The petition for
				  such authority shall be filed with the Commission at least thirty (30) days
				  prior to any discontinuance, unless otherwise authorized by the Commission, and
				  if petitioner is a motor carrier of passengers, shall show in support thereof
				  the information set forth in paragraph (c) herein. The discontinuance or nonuse
				  of a service authorized by a certificate for a period of thirty (30) days or
				  longer without the written consent of the Commission shall be considered good
				  cause for cancellation, seasonal service excepted. Upon receipt of a petition
				  for authority to discontinue or abandon service, the Commission may designate a
				  time and place for hearing on the petition. If a petitioning bus company
				  proposes to discontinue service over any intrastate route or proposes to reduce
				  its level of service to any points on a route to a level of service which is
				  less than one trip per day, excluding Saturdays and Sundays, the Commission
				  shall, within ten (10) days after the filing of the petition, require notice to
				  be given to the public by posting notice of the petition in buses serving such
				  routes and in bus stations or other prominent places along said routes. If no
				  objections are filed to the petition by any person or the Public Staff within
				  thirty (30) days after notice is given, the Commission may proceed to decide
				  the petition based on the record and without a hearing.
(b) All interruptions of passenger service,
				  where likely to continue for more than twenty-four hours, shall be reported
				  promptly to the Commission and to the public along the route, with full
				  statement of the cause and its possible duration.
(c) In support of any petition or schedule
				  which proposes to reduce motor passenger carrier service over any North
				  Carolina route or to any North Carolina point to a level which is less than one
				  (1) trip per five (5) days per week excluding Saturdays and Sundays, the
				  proponent carrier shall furnish the data set forth hereinbelow:
(1) A listing of the origin, termination and
				  all intermediate points which will lose the proponent carrier's
				  service.
(2) A statement as to
				  whether the proponent carrier is the last or only intercity motor carrier of
				  passengers to or from the issue points or over the issue route.
(3) A statement identifying any reasonable
				  alternative to the proponent carrier's passenger and express services on the
				  issue route and to or from the issue points, which statement shall identify the
				  location of the alternative services relative to the issue route and
				  points.
(4) For the latest twelve
				  months available to the proponent carrier, a statement showing:
a. total system bus miles operated;
b. total N.C. bus miles operated;
c. scheduled system bus miles operated;
				  and
d. scheduled N.C. bus miles
				  operated.
(5) A
				  statement or exhibits calculating and showing:
a. estimated or actual passenger revenues, at
				  actual and present annualized levels, attributable to that portion of the
				  proponent carrier's operations proposed to be abandoned, but not including
				  passenger revenues which the carrier expects to retain in connection with other
				  services which it will still operate;
b. estimated or actual express revenues, at
				  actual and present annualized levels, attributable to that portion of the
				  proponent carrier's operations proposed to be abandoned, but not including
				  express revenues which the carrier expects to retain in connection with other
				  services which it will still operate;
c. actual or scheduled N.C. bus miles, for
				  the latest twelve (12) months available, operated in service over that portion
				  of the route proposed to be discontinued; and
d. estimated or actual number of interstate
				  and intrastate passengers transported over the issue route or to or from the
				  issue points during the latest twelve (12) months available.
The statements or exhibits containing the calculations and
					 information required under Items A, B, C and D above shall be presented in such
					 a manner and in such detail that the Commission can verify the sampling and
					 apportionment methodologies used and can determine the treatment by the
					 proponent carrier of revenues originating outside the issue route but within
					 the carrier's system going to any issue point; revenues originating at an issue
					 point going to points within the carrier's system but outside the issue route;
					 and revenues originating and terminating along the issue route. The proponent
					 carrier also shall, at a site in North Carolina designated by it, make
					 available for inspection by all parties, and upon order of the Commission shall
					 file, copies of ticket samples, driver reports, station reports, bus bills,
					 schedule information reports, trend sheets or any other source documents which
					 show or were used to develop revenues or passenger counts (whether by schedule,
					 points or route) as determined in Items A through D above.
(6) The proponent carrier shall
				  calculate and furnish its system variable costs and the fully allocated costs
				  attributable to service along and to the issue route and points, with an
				  explanation of how the costs were calculated, and of any assumptions underlying
				  the calculations, which assumptions must be consistent with any used to
				  calculate revenues. The proponent carrier shall furnish such information
				  pursuant to forms and in the format as from time to time shall be approved by
				  the Commission, if any, but nothing herein shall preclude the carrier from
				  submitting, in addition to the above, the same data in a different form or
				  format if it so desires.