N.C. Department of Utilities Commission Issues Order Regarding Matter of Samantha Lynn Piner, d/b/a Miracle Movers, 513 E. Lanier Street, Wallace,…

N.C. Department of Utilities Commission Issues Order Regarding Matter of Samantha Lynn Piner, d/b/a Miracle Movers, 513 E. Lanier Street, Wallace, North Carolina 28466 - Application for Certificate of Exemption

RALEIGH, N.C., Jan. 8 -- The North Carolina Utilities Commission issued the following order:

In the Matter of Samantha Lynn Piner, d/b/a Miracle Movers, 513 E. Lanier Street, Wallace, North Carolina 28466 - Application for Certificate of Exemption

RECOMMENDED ORDER GRANTING APPLICATION FOR CERTIFICATE OF EXEMPTION

HEARD: New Hanover County Public Library, Harnett Room, 210 Chestnut Street, Wilmington, North Carolina, on Thursday, June 27, 2013, at 10:00 a.m.

BEFORE: Bruce G. Ramaekers, Hearing Examiner

APPEARANCES:

For the Applicant:

Benton L. Toups, Attorney at Law, Cranfill Summer & Hartzog LLP, 319 N. 3rd Street, Suite 300, Wilmington, North Carolina 28410

For: Samantha Lynn Piner, d/b/a Miracle Movers

For the Protestant:

James G. Dunnagan, d/b/a Dunnagan's Moving & Storage, 449 Shipyard Boulevard, Post Office Box 471, Wilmington, North Carolina 28402 Pro Se

RAMAEKERS, HEARING EXAMINER: On February 27, 2013, Samantha Lynn Piner, d/b/a Miracle Movers (Applicant), pursuant to G.S. 62-261(8) and Commission Rule R2-8.1, filed an application with the Commission for a certificate of exemption to transport household goods by motor vehicle for compensation within North Carolina.

On March 14, 2013, a Protest and Petition to Intervene was filed by James G. Dunnagan, d/b/a Dunnagan's Moving & Storage (Protestant), Wilmington, North Carolina. On April 5, 2013, an Order granting Protestant's intervention was issued.

On May 24, 2013, an Order scheduling the matter for hearing on June 27, 2013 was issued.

On June 6, 2013, Protestant filed a letter requesting that the hearing be postponed due to illness. On that same day, Applicant filed a letter objecting to Protestant's request that the hearing be postponed. On June 11, 2013, an Order Denying Motion to Continue Hearing was issued.

Upon call of the matter for hearing, Applicant was present and represented by counsel; Protestant was present and represented himself. In support of its application, Applicant offered the testimony of its principal, Samantha Piner. In opposition to Applicant's request for a certificate of exemption, Protestant offered the testimony of witnesses Anthony Duckworth of Absolute Moving & Storage, Inc. (Absolute Moving) and Travis Few of Few Moves, LLC (Few Moves).

On August 14, 2013, Applicant filed its Brief in Support of Miracle Movers' Application for Certificate of Exemption to Transport Household Goods. On August 16, 2013, Protestant filed its Brief in Protest of Samantha Lynn Piner, d/b/a Miracle Movers' Application.

Based upon careful consideration of the testimony and evidence presented at the hearing and the entire record in this proceeding, the Hearing Examiner makes the following:

FINDINGS OF FACT

1. Samantha Piner is the sole owner of Miracle Movers, located in Wallace, North Carolina. The Applicant is properly before the Commission seeking a certificate of exemption pursuant to G.S. 62-261(8) and Commission Rule R2-8.1 to transport household goods by motor vehicle for compensation within North Carolina.

2. On February 27, 2013, the Applicant filed an application for a certificate of exemption to transport household goods, including a completed Fingerprint Card, a completed Authority for Release of Information form signed by principal, Samantha Piner, consenting to the use of her fingerprints for a criminal history records check, and a $38.00 payment to cover the Commission's direct cost of obtaining such records.

3. On May 16, 2013, in executive conference, the Commission decided that Samantha Piner's criminal history should not prevent Applicant from being granted a certificate of exemption by the Commission.

4. At the time of the hearing, which was convened on June 27, 2013, Applicant did not have the insurance required by the Commission. Samantha Piner testified that she did not have insurance because she did not want to pay for insurance for which she did not yet have any use. Applicant, however, subsequently obtained the necessary insurance and has provided proof of vehicle liability, cargo, and general liability insurance to the Commission as required by law and Commission rules and regulations.

5. Samantha Piner testified that she has purchased a 14 foot truck and a 26 foot truck, pads, shrink wrap, and boxes for use in her moving business. She further testified that she owns the trucks; that there are no liens on them; and that they are parked at Monkey Junction Self Storage near Wilmington.

6. Samantha Piner has experience in the moving industry. She worked with Sonya Cauley at All Ways Moving, Inc. (All Ways Moving) for approximately a year handling payroll, scheduling, and making estimates based on the Maximum Rate Tariff No. 1 (MRT). All Ways Moving is a Commission-certified household goods moving company.

7. Samantha Piner attended a MRT training seminar on May 14, 2013 in Wilmington, North Carolina.

8. At the time of the hearing, Samantha Piner testified that the information reflected in her Application including the certifications, as filed on February 27, 2013, is still accurate.

9. Samantha Piner is a single mother who has one child; she is seeking to own her own moving company to provide a secure future for herself and her child.

10. Samantha Piner testified that she is not operating as a mover illegally during the period of time in which her application is pending. As an example of her effort to stay within the Commission's requirements, Samantha Piner stated that she had contacted the Commission prior to performing moves in the Mayfair Reserves apartment complex to ensure that the moves did not require a certificate of exemption.

DISCUSSION AND CONCLUSIONS

Protestant Dunnagan maintained that the Applicant does not have the knowledge or experience to be granted a certificate of exemption; in particular, he asserted that Applicant has no knowledge in performing estimates and applying costs as well as abiding by the rules and regulations in the MRT. Protestant Dunnagan asserted that if Samantha Piner is granted a certificate of exemption by the Commission then she and Chris Wilhoit will in effect operate as one moving company, making it such that Chris Wilhoit, a serious convicted felon (according to Protestant Dunnagan) will be going into customers' houses.

Protestant Dunnagan stated in his closing remarks at the hearing that:

I'd like to say I came here today to show what's really happening. Again, in my opinion, I think I have established that fact that Samantha has been involved with A Magic Move since 2006. She has been involved with Always Moving and Storage [sic] since 2011. That gives you plenty of opportunity to establish yourself and know what you should know about the moving business. And, in my professional opinion of 40 years in the business, Samantha is not qualified to hold a job as owner or manager. She possibly could work in the office. But, as far as being the owner and establishing the overhead and seeing how much she is going to make as far as the profits go, she has not established that, in my opinion. It is, also, my opinion that what's happening here with Samantha and Chris Wilhoit working together, living together, breathing together, simply will become one moving company leaving a convicted felon, a serious convicted felon, involved in going into people's houses. The Commission has established background checks, rules, and regulations concerning this. I see this as a loophole that's trying to get closed.

Protestant Dunnagan sponsored two witnesses in support of his position, witness Duckworth and witness Few.

Upon direct examination by Protestant Dunnagan, witness Duckworth testified, "I don't know Samantha Piner, and I really don't know Chris, other than his name. You know, he's well known for doing moves. He's doing a lot of moves with those same trucks. I do know that for a fact. So whether they're in her name or not, they're being used." Anthony Duckworth also testified that Chris Wilhoit had misappropriated certain forms from his company. Witness Duckworth indicated that he only knows that Chris Wilhoit was having bills of lading printed for Miracle Movers using his forms.

During cross-examination by Applicant's attorney, Benton Toups, witness Duckworth testified that he does not know Samantha Piner; that he has never met her; that he has never spoken with her; that he does not know anything about her knowledge or lack thereof of the moving business; that he does not know anything about her education or training; and that he is not present at the hearing to speak of her qualifications to obtain a license.

Protestant Dunnagan's witness Few testified that most, but not all, of the Mayfair Reserves apartment complex moves performed by Samantha Piner, which occurred in the April-to-May timeframe, did not stay within Mayfair, but instead crossed over Eastwood, which is Highway 74, and went to the apartment complex across the street. Witness Few considered those moves to be local moves across state highways and that under these circumstances such moves were conducted illegally by Samantha Piner.

During cross-examination, Protestant witness Few testified that he does not know Samantha Piner; that he has never met her; that he does not have knowledge about her training in the moving business; and that he can speak of her qualifications as an applicant only on the basis of what he has heard at the hearing.

Applicant witness Piner testified that Chris Wilhoit is her fiance and that Magic Moves/A Magic Move is Chris Wilhoit's company. According to witness Piner, she and Chris Wilhoit have had a child together and are engaged to be married in April 2014. Samantha Piner stated that she has no affiliation with Magic Moves/A Magic Move in that she is not an employee of the company; does not receive a salary from the company; does not receive a 1099 from the company; does not receive a commission from the company; and does not receive any payment at all from the company.

Samantha Piner asserted that if the Commission grants her a certificate of exemption she will remain unaffiliated, as described above, with Magic Moves/A Magic Move. Samantha Piner explained that she will not work for Magic Moves/A Magic Move and that Chris Wilhoit will not work for Miracle Movers. Further, Samantha Piner testified that the only affiliation between the two companies will be that Magic Moves will refer to Miracle Movers any work it receives that it is not licensed to perform once Miracle Movers is granted a certificate of exemption from the Commission.

In addition, witness Piner stated that in November 2011 "I ran into some alcoholism issues, realized I had a problem." Samantha Piner admitted herself into a 30-day inpatient rehabilitation program at Walter B. Jones Clinic in Greenville, North Carolina. Samantha Piner testified that the last time she drank alcohol was October 28, 2011. After the stay at Walter B. Jones Clinic, Samantha Piner went to the recovery home New Beginnings, owned by Sonya Cauley. Sonya Cauley also operates All Ways Moving, a Commission-certified household goods moving company. Sonya Cauley introduced and exposed Samantha Piner to the moving business. Samantha Piner testified that in addition to working in the moving industry with Sonya Cauley, she also worked for eight to ten weeks with Janine Horne, office manager at All Ways Moving. Samantha Piner also attended the MRT training seminar in Wilmington, North Carolina in May 2013, and has been studying the MRT at home.

During the hearing, witness Piner testified that the certifications she made in Paragraph 3 on pages 2-4 of the application, filed on February 27, 2013, are still accurate. In one of those certifications, Ms. Piner certified that she has met or will meet prior to being issued a certificate of exemption the requirement that "Applicant is fit, willing, and able to properly perform the service of household goods transportation within North Carolina, is familiar with the moving industry, has a reasonable and adequate knowledge of the rules and regulations governing the moving industry, including safety requirements as enforced by the North Carolina Division of Motor Vehicles (DMV), and has knowledge of and will abide by the tariff requirements as established by the Commission in Maximum Rate Tariff No. 1." In addition, Samantha Piner observed that she has recently been mentored by two different persons at All Ways Moving, has attended an MRT training seminar, and continues to study the MRT manual.

In regard to the Protestant's concern about Applicant's connection to Chris Wilhoit and the possibility that the Applicant could hire employees possessing criminal backgrounds, the Hearing Examiner is compelled to point out that the Order Amending Rule R2-8.1 and Allowing Additional Comments, issued by the Commission in Docket No. T-100, Sub 69 on August 29, 2008 addresses such a circumstance in that the Order, at pages 28 and 29, states the following:

The Commission recognizes that applicants and operators may hire employees possessing criminal backgrounds. This is not necessarily a bad thing. Instead, it is a management decision that the Commission believes to lie within the purview of the operator of the business rather than a matter for the Commission should necessarily become involved in addressing. There are obvious practical limitations to the Commission's ability to obtain and review such information concerning every employee of an applicant or operator. More importantly, imposing such a requirement would run the risk of having the Commission become too involved in the management of the businesses providing intrastate HHG moving services in the state. That said, the management and operation of these business, as they affect the public interest, are legitimate interests of the Commission, and should the hiring decisions of a certificate holder and the actions of its employees negatively impact the public interest, the Commission retains the authority to investigate and respond to such circumstances. (Emphasis added.)

The Hearing Examiner finds and concludes that no convincing evidence has been presented by the Protestant and its witnesses that would support a denial of the Applicant's request for a certificate.

The Hearing Examiner recognizes that Samantha Piner is a single mother with a young child to provide for. She is seeking to own her own moving company to provide a secure future for herself and her child and, as she stated, she wants to do it "the legal, right way." She is a recovering alcoholic, who testified that the last time she drank alcohol was on October 28, 2011, after which she admitted herself into a 30-day inpatient rehabilitation program. And after that, she went to a recovery home, New Beginnings, where the owner Sonya Cauley, who also operates All Ways Moving, a Commission-certified household goods moving company, introduced and exposed Samantha Piner to the moving business. As a result, Samantha Piner developed an interest in the moving business. The Hearing Examiner understands that Samantha Piner is not affiliated with Magic Moves/A Magic Move and derives no compensation from it. It appears that Samantha Piner has invested a significant amount of time and money in establishing a moving company. The Hearing Examiner is of the opinion that she meets the qualifications for obtaining the requested certificate.

Upon careful consideration of the application for a certificate of exemption filed with the Commission on February 27, 2013 by Applicant and the entire record in this proceeding, the Hearing Examiner finds and concludes that the Applicant should be granted a certificate of exemption to transport household goods as she has complied with the terms and conditions attached to the certificate of exemption:

1. Applicant is fit, willing, and able to properly perform the service of household goods transportation within North Carolina, is familiar with the moving industry, and has a reasonable and adequate knowledge of the rules and regulations governing the moving industry, including safety requirements as enforced by the North Carolina Division of Motor Vehicles.

2. Applicant will abide by the tariff requirements as established by the Commission and adopted in MRT.

3. Applicant is financially solvent and able to furnish adequate service on a continuing basis by maintaining the required insurance protection, maintaining safe, dependable equipment, and being able to settle any damage claims which may arise.

4. Applicant will maintain and has on file with the Division of Motor Vehicles liability and cargo insurance coverage as required by law and Commission rules and regulations.

5. Applicant will maintain and has on file with the Commission's Operations Division a certificate of general liability insurance coverage in the minimum amount of $50,000.

IT IS, THEREFORE, ORDERED as follows:

1. That the application for certificate of exemption filed by Samantha Lynn Piner, d/b/a Miracle Movers, be, and the same is hereby, granted, and that the Applicant is hereby authorized to transport household goods between all points and places within North Carolina.

2. That the Applicant shall maintain its books and records in such a manner that all of the applicable items of information required in the prescribed Annual Report to the Commission can be used by the Applicant in the preparation of such Annual Report. A copy of the Annual Report form shall be furnished upon request made to the Public Staff - North Carolina Utilities Commission, Transportation Rates Division.

3. That the Applicant shall maintain its books and records in such a manner that all of the applicable items of information requested in its prescribed quarterly Public Utilities Regulatory Fee Report can be used by the Applicant in the preparation of such report and payment of quarterly regulatory fee. Any questions regarding the regulatory fee report and/or regulatory fee should be directed to the Commission's Fiscal Management and Administrative Division at 919-733-5265.

4. That all vehicles, whether owned or leased, and used by the Applicant in its household goods operations must be identified with Applicant's name, city, state, and certificate of exemption number on both sides of each vehicle in letters not less than three (3) inches high. Such vehicles must also be identified with Applicant's certificate of exemption number on the left upper quadrant of the rear of each vehicle in letters not less than three (3) inches high.

5. That the Applicant shall attend a Maximum Rate Tariff Seminar no later than three (3) months from the date of this Order.

6. That this Order shall constitute a certificate of exemption until formal Certificate of Exemption No. C-2562 has been issued and transmitted to the Applicant, along with a copy of Maximum Rate Tariff No. 1.

ISSUED BY ORDER OF THE COMMISSION.

This the __8th _ day of January, 2014.

NORTH CAROLINA UTILITIES COMMISSION

Paige J. Morris, Deputy Clerk

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