In re Petition of Golden Plains Servs. Transp.
297 Neb. 105
| Neb. | 2017Background
- Golden Plains Services Transportation, Inc. (Golden Plains) is certified in Nebraska as an "open class" carrier.
- The Nebraska Public Service Commission (Commission) alleged Golden Plains was operating "on a taxi basis" and ordered it to cease taxi operations.
- Golden Plains filed for a declaratory ruling; the Commission converted the matter to an investigative proceeding under its rules.
- After investigation the Commission issued an interpretation of 291 Neb. Admin. Code, ch. 3, § 010.01C (Rule 010.01C) holding that open class carriers may provide passenger transportation for hire only on a prearranged basis and not on-demand.
- Golden Plains appealed, arguing the rule does not limit open class carriers to prearranged service and that the Commission should apply grandfathering/color-of-right principles to its past operations.
- The Nebraska Supreme Court reviewed de novo and concluded the Commission’s interpretation was not supported by Rule 010.01C; it reversed and vacated the Commission’s order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 010.01C limits open class carriers to prearranged service (and prohibits on-demand service) | Rule 010.01C’s text does not limit open class carriers to prearranged trips; it permits prearranged or on-demand service | Commission: it may interpret Rule 010.01C to allow only prearranged for-hire service | Court: Rule 010.01C’s plain language does not impose a prearranged-only limitation; Commission’s interpretation is clearly erroneous and vacated |
| Whether Golden Plains is entitled to grandfathering or color-of-right protection for past service | Golden Plains: past operations should be protected by grandfathering/color-of-right doctrines | Commission: enforcement action and rule interpretation are within its authority; no grandfathering argued | Court: did not need to decide grandfathering because it reversed the Commission’s rule interpretation; primary ruling in favor of Golden Plains on interpretive ground |
Key Cases Cited
- Shaffer v. Nebraska Dept. of Health & Human Servs., 289 Neb. 740 (court reviews statutes/regulations de novo)
- Chase 3000, Inc. v. Nebraska Pub. Serv. Comm., 273 Neb. 133 (agency rule interpretation treated like statute)
- In re Proposed Amendments to Title 291, 264 Neb. 298 (Commission may interpret existing rules under statutory authority)
- Utelcom, Inc. v. Egr, 264 Neb. 1004 (plain-language rule interpretation principle)