Order 15495 - Prov. River Boat Co.: Appl. to Operate as a Water Common Carrier

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DIVISION OF PUBLIC UTILITIES AND CARRIERS

MOTOR CARRIER DIVISION

100 ORANGE STREET

PROVIDENCE, RHODE ISLAND 02903

Date of Application: 10/20/97

Date of Hearing: 11/19/97

Commodity: Passenger Carrier

by water vessel

REPORT AND ORDER

By application filed with the Division of Public Utilities and Carriers ("Division"), Mr. Joseph B. Dempsey, Jr., dba: Providence River Boat Co., 140 Larch Street, Providence, RI seeks operating authority, as a water common carrier, in the transportation of passengers over the waterways along the Providence River between India Point Park and Water Place Park in accordance with RI General Laws Title 39, Chapter 3. Following the filing of this application, the Division conducted a duly noticed public hearing on November 19, 1997 in the Division's hearing room, 100 Orange Street, Providence, Rhode Island.

APPEARANCE:          Joseph B. Dempsey, Jr., pro se

Mr. Joseph B. Dempsey testified on his own behalf at the scheduled hearing. He explained that he holds a "five ton Master's license of inland steam and motor vessels" (Tr. 11/19/97, p. 6) issued by the US Coast Guard. He further explained that he has been involved in providing water transportation services in the Providence area for a number of years. Mr. Dempsey testified that he currently provides a private boat charter service along the Providence River. He seeks to augment these services with a water taxi and tour boat service.

Mr. Dempsey testified he feels there is a need for water taxi/tour boat services along the Providence waterfront area. His opinion is based on the recent Providence River relocation project and the development of Waterplace Park. Because of these projects he feels there's an increased need for water passenger transportation services.

The following individuals testified on behalf of Mr. Dempsey's application:

Marjorie Anne Keefe, Supervisor Planner,

Rhode Island Dept. of Transportation

Joshua B. Miller, Co-owner

Hot Club, Providence, RI

Richard V. Simone, III

Convention and Visitor Services Bureau Manager

Warwick, RI

Edward J. Bressard, Festival Coordinator

Providence Waterfront Festival Corporation

The individuals listed above all testified that in their collective opinions there is a need for a water transportation service along the Providence River. Additionally, each of these witness testified that the applicant holds the necessary professional qualifications to provide this service.

Mr. Daniel A. Baudoin, Executive Director of the Providence Foundation submitted a letter on behalf of the applicant in this proceeding. This letter, entered into the record for identification purposes as Applicant's exhibit 3, supports the granting of the application filed by Mr. Dempsey. Mr. Baudouin characterized Mr. Dempsey as "one of the pioneers for waterfront revitalization in downtown Providence."

There were no Protestants to the granting of this application.

DISCUSSION AND CONCLUSION

From the evidence of record the Division is satisfied that the Applicant is fit, willing and able to provide the proposed services. Additionally, the Division is satisfied that a public convenience and necessity exists for the services proposed. Under Title 39, Chapter 3 of the RI General Laws, as amended, it states that the administrator shall issue a certificate to any qualified Applicant if the public convenience and necessity warrants such action. In this docket, the Applicant has met that burden of proof.

Accordingly, it is

(15495) ORDERED:

1. That the application filed in the name of Joseph B. Dempsey, Jr., dba: Providence River Boat Co., 140 Larch Street, Providence, RI 02906 seeking operating authority in the transportation of passengers by water vessel is hereby granted subject to the following terms and conditions:

a) The Applicant shall submit to this office proof of satisfactory inspection of the vessel by the US Coast Guard.

b) The Applicant shall contact this office to submit a tariff listing rates and charges to be assessed, proof of financial responsibility, a chart depicting the exact routes that the vessel will take, a schedule of departure and arrival times, and all dock locations that will be used.

c) Failure to comply with the terms of this report and order within sixty (60) days from the date of this order will render this decision null and void.

DATED AND EFFECTIVE AT PROVIDENCE, RHODE ISLAND THIS NINETEENTH DAY OF DECEMBER, 1997.