Shepard, a service station operator supplied by Holtzman, testified that he and his customers would be better served if Holtzman delivered gasoline in transport lots, rather than by the smaller delivery vehicles then used. Such an operation would also allow Holtzman to make more efficient use of its equipment. Manning, a transportation consultant, testified that Holtzman could achieve substantial cost savings by making direct deliveries of transport lots of gasoline to eight of Holtzman's customers, thereby reducing the inefficiency of double handling. Holtzman, the president of Holtzman, and Kenneth M. It proposed to use this same transport to haul gasoline from Fairfax into its territory. Holtzman owns an 8000-gallon transport which it has been using to transport petroleum products other than gasoline from Gulf's Fairfax terminal. Holtzman then distributed the gasoline to its customers in smaller 2600-gallon or 1800-gallon delivery vehicles. Jackson, Virginia, by Gulf or by one of two petroleum carriers designated by Gulf.
Prior to issuance of Holtzman's certificate, gasoline was delivered by transport to Holtzman's bulk storage facilities in Luray and Mt.
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Although it may transport gasoline within its distribution area under the exemption provided by Code | 56-338.20(h), it is not permitted to transport gasoline from Gulf's Fairfax terminal into its distribution area without a certificate of public convenience and necessity.
As a commission agent, Holtzman does not acquire title to the gasoline. As a jobber of petroleum products other than gasoline, Holtzman acquires title to these products and may transport them from the Fairfax terminal under the exemption provided by Code | 56-338.20(d). It is supplied with petroleum products from Gulf's pipeline terminal facility located in Fairfax, Virginia. Holtzman is Gulf's commission agent for gasoline and a jobber for heating oil and other Gulf products in the City of Harrisonburg, Shenandoah County, Page County and portions of Rockingham County. The petroleum carriers contend that the Commission's finding of public convenience and necessity is not supported by the evidence. 12.2, Title 56 of the Code, to transport gasoline by truck from the pipeline terminal of Gulf Oil Corporation (Gulf) in Fairfax, Virginia, to points in the City of Harrisonburg, the Counties of Shenandoah and Page and a portion of Rockingham County. This is an appeal of right by Bralley-Willett Tank Lines, Inc., and seventeen other petroleum tank truck carriers (petroleum carriers) from an order of the State Corporation Commission (Commission) *889 awarding Holtzman Oil Corporation (Holtzman) a certificate of public convenience and necessity under The Petroleum Tank Carriers Act, Ch. HARMAN, J., delivered the opinion of the court. Commission order affirmed as within its discretion and not based on findings contrary to the evidence or without evidence to support them.Īppeal from an order of the State Corporation Commission. Court cannot sit as a board of revision to substitute its judgment for that of Commission on matters within its province. Nor is it of prime importance that such holders might suffer from competition by granting of additional certificates. Fact that existing certificate holders are, or might be, able to provide service is not of material significance. All that is required to be shown by applicant for certificate is that the proposed operation is justified by public convenience and necessity. Petroleum Tank Truck Carriers Act is a liberal statute. Johnston, III Kuykendall, Whiting & Costello, on brief), for appellee.
Laing Christian, Barton, Epps, Brent & Chappell, on brief), for appellants.
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