Stowers & Sons Trucking Co. v. Public Service Commission

MILLER, Justice:

Stowers and Sons Trucking Company, Inc. (Stowers), appeals from a final order of the Public Service Commission (PSC), which reversed a recommended decision by an administrative law judge and granted Eugene Roberts & Son, Inc. (Roberts), an amended certificate to operate as a common carrier by motor vehicle for the purpose of transporting tanks and pipe to and from six southern West Virginia counties. Stowers asserts that the PSC misapplied the law by injecting the doctrine of regulated competition into the case and finding that Roberts had made a ‘prima facie case of public…