McGree v. Montana Public Service Commission

The Supreme Court affirmed the decision of the district court affirming the Public Service Commission's final order granting L&L Site Services, Inc.'s application for a Class D motor carrier certificate of public convenience and necessity, holding that the Commission properly exercised its discretion in considering competition in determining whether public convenience and necessity required the authorization of additional garbage collection service.In affirming the Commission's final order, the district court concluded that the Commission properly considered competition in determining whether public convenience and necessity required the authorization of additional garbage collection service. The Supreme Court affirmed, holding (1) the Commission did not err in considering competition in determining public convenience and necessity under Mont. Code Ann. 69-12-323(2); (2) substantial evidence supported the Commission's decision to grant a Class D permit to L&L; and (3) the Commission is not required to go through rule making under the Montana Administrative Procedure Act to exercise its statutorily granted discretion to consider competition when determining public convenience and necessity. View "McGree v. Montana Public Service Commission" on Justia Law