Associated Freight Lines v. Public Utilities Commission

Encinal Terminals applied to the Public Utilities Commission for a certificate of public convenience and necessity that would extend its operating authority as a highway common carrier. After a hearing the commission granted the certificate. Competing carriers who protested in that proceeding were denied a rehearing, and upon their petition we issued a writ of review.

The commission’s decision contains a summary of the evidence, and the following findings:

Petitioners contend that these findings do not fulfill the requirements of section 1705 of the Public Utilities Code and that therefore the commission’ did not regularly pursue its authority. Encinal Terminals contends that the findings are adequate.

In California Motor Transport Co. v. Public Utilities Com mission, ante, pp. 270, 275 [ 28 Cal.Rptr. 868 , 379 P.2d 324 ], we held that section 1705 requires the commission to state separately findings and conclusions on the material issues of fact and law that determine the ultimate issue of public convenience and necessity. The findings here do not comply with that holding. The commission did state findings on the issue of Encinal Terminals’ ability to provide the proposed…