ORDER NO. 97-281

ENTERED JUL 21 1997

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

MO 117

DISPOSITION: COMPLAINT DISMISSED

On June 9, 1997, Jack Gray Transport, Inc., served a complaint on the Commission. Jack Gray Transport is a motor carrier and its complaint deals with collection of Oregon’s weight-mile tax.

Complainant complains of its weight-mile tax assessment during the period from January 1990 to December 1991. During that period, the Commission was authorized to assess and collect Oregon’s weight-mile tax pursuant to ORS Chapter 756. However, during the 1995 Oregon Legislative Assembly, the Oregon legislature revised ORS Chapter 756 and removed the Commission’s authority to assess and collect Oregon’s weight-mile tax, delegating that authority to the Oregon Department of Transportation.

Because the Commission no longer has jurisdiction over motor carrier matters, including the weight-mile tax, we conclude that Jack Gray Transport’s complaint should be dismissed.

ORDER

IT IS ORDERED that the complaint filed against the Commission by Jack Gray Transport, Inc., is dismissed for lack of jurisdiction.

Made, entered, and effective ________________________.

A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements in OAR 860-014-0095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-013-0 070(2). A party may appeal this order to a court pursuant to ORS 756.580.