Missoula's Green Taxi makes one more plea to state PSC
By KEILA SZPALLER of the Missoulian
A new interpretation of a Montana law governing motor carriers could open the door for Mick Murray to operate Green Taxi in Missoula.
The Public Service Commission heard oral arguments Thursday in Helena on Murray’s application to start an energy-efficient taxicab service here. Representatives from the tourism industry, medical field and conservation community support the proposal, but potential competitors Yellow Cab and Medicab oppose it.
The PSC broadcast a live audio feed of the hearing from its Web site.
Attorneys did not present new information at the hearing, but PSC Chairman Greg Jergeson suggested that a correct reading of a state statute addressing such applications might be a less rigid interpretation.
Jergeson also said he was not prepared Thursday to offer his decision on the matter.
According to testimony given at the hearing, related case law has developed in a way that protects existing carriers, such as Yellow Cab, from harm by potential competitors, such as Green Taxi.
But a strict reading of the statute says the commission must only “give reasonable consideration” to the impacts a new carrier would have on an existing provider.
Jergeson said that means commissioners could reverse the precedent if they felt the public would be better off with two taxi companies operating in Missoula.
Ryan Shaffer, an attorney representing Murray, said cab riders indeed would be better served by having Green Taxi in operation. He pointed out that many of the witnesses who spoke in favor of Green Taxi during a May hearing in Missoula could not drive, but they took the time to attend and testify because their experience with Yellow Cab was unacceptable.
According to PSC records, Missoula Mayor John Engen backs Green Taxi as consistent with the city’s efforts to conserve energy and improve air quality. And a member of the city’s Greenhouse Gas and Energy Conservation Team said reduced fuel consumption would be consistent with an adopted city plan to support energy efficient vehicles.
Shaffer described Murray as a citizen-entrepreneur addressing Missoula’s need to reduce fuel consumption and accommodate a growing population. He appealed to the commission to embrace such innovation.
“The commission’s decision in this case is going to be a direct reflection of its vision for what’s possible in Missoula and the rest of the state,” Shaffer said.
Ryan Willmore, who represented opponents, said competition would force Yellow Cab to cut drivers, dispatchers and hours of operation during critical times of day. People catching early morning flights might not be able to take a cab to the airport, he said. As such, a commission decision to allow Green Taxi would ultimately hurt the public, according to Willmore.
He pointed out that even a witness who offered criticism of Yellow Cab at the May hearing admitted the company provided acceptable service most of the time. A transportation coordinator for Community Medical Center said patients sometimes missed appointments when they relied on Yellow Cab, but he also said the company arrived on time most of the time.
After attorneys spoke, commissioners asked questions. One commissioner asked Willmore if his position was that if the taxi business expanded in Missoula, Yellow Cab should absorb the new customers. Willmore agreed.
The full commission is expected to issue a decision in several weeks. Commissioner Doug Mood said Thursday the application to provide taxi service represents one of the most difficult kind of cases considered by the Public Service Commission.
“The reason they’re difficult is in the back of our minds, we’re saying, why are we doing (regulating) this?” Mood said.
He said he is not convinced the commission should be involved in such matters, but the law mandates it.
As the district representative for Missoula, Mood presided over the May hearing and subsequently proposed the commission deny Murray’s application based on case law. He said Thursday it was not easy to face Murray and his wife, who have a legitimate business plan and want to provide a fine service.
Reporter Keila Szpaller can be reached at 523-5262 or at Keila.Szpaller@missoulian.com.
