ATTORNEYS AT TAW. 600 Quarrier Street Charleston, West Virginia Post Office Box 1386 Charleston, West Virginia (304)

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1 101 South Queen Street Martinsburg, West Virginia Grariville Square Suite 400 Morgantown, West Virginia Avery Street Parkersburg, West Virginia lanies V Kekh Telephone - (-304) Facsimile - (30-3) ATTORNEYS AT TAW 600 Quarrier Street Charleston, West Virginia Post Office Box 1386 Charleston, West Virginia (304) www. bowiesrice.com January 1 1, Southpointe Town Center 1800 Main Street, Suite 200 Canonsburg, Pennsylvania Chapline Street Wheeling, West Virginia West Jubal Early Drive, Suite 130 Winchester, Virginia Address: j ke1siiqbo~klesrice.corn Ingrid Fei~eil, Director, Executive Secretary Division Public Service Coimiission of MTest Virginia 201 Brooks St. C!ixIeston, West Virginia 2530 L HAND DELIVERY me. Should j ou have any question regarding this filing, please do not hesitate to contact Yours very truly, WVSB fi6617) JVWdlm Enclosure cc: Jackie Clark, Esquire James D. Kauffelt, Esquire Samuel F. Hanna, Esquire Jim Hamilton

2 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Now comes Bebe Enterprize, lnc. ('-Rebe"), by counsel. James V. Kelsh, and the iqw rirm of Bowles Rice LLP, and files this Protest and!motioii to Intervene in the above- referenced matrer filed by JEO Enterprises, Inc. ("'JEC' >. TI) support of said Protest and Motion to Intmsene, Bebe states as follows: 2. Under Rule 12.6a of the Commission's u s of Practice and Procedure, '"Any person having a legal interest in the subject matter of any hearing or investigation pending behe the Commission may petitlvii or move orally for ieavc tu intervene in such procsedhb prjcx to 01 at the time it is called for hearing, bi~l riot thereafter. except for good cause shown." 3. Bebe has a legal interest in JEO's application due to the existing authority of Bebe's M.C. Certificate Number F-6926, which authorizes it to "to operate as a common carrier by motor vehicle in the transportation of trash, rubbish and garbage from points and places in McDowell County, excepting the following areas and methods of service: (I) all territory outside the City of Welch, in the North Elkin Magisterial District which is located

3 within a radius of one (1) mile of W.Va. Route 103; (2) all territory in the North Elkin Magisterial District which is located within a radius of one (1) mile of the portion of W.Va. Route 161 which is south of the intersection of W.Va. Routes 103 and 161; and (3) the City of Gary; and (4) further excepting container roll-off service to places of disposal in West Virginia or elsewhere". M.C. Case Nos TC, TC, TC, and (May 23, 1990 Kecornniended Decision, final June 12, I 990), at All of rhe area sought to be served by.jeo in its application overlaps Bebe's operating authority area as approved by the Commission. 5. Gnder W.Va. Code $24A-2-5, before granting the autlmrity to qmatl: as a common carrier by motor vehicle, the Commission must first take into consideration existing rrmspor;ati;~n fkciljties in the territory foi which a certificate is sought. )JJ2Ja.-~~~ 5211.A If ~Iie service li;mislied by the exishg carrier is rcamriably efiicimt md ade~p~te, the C'unimission must riot grant the 7. Bebe currently provides a level and quality of service which is adequate and efficient in meeting the public need for the pick-up and disposal of solid waste throughout its acr hxized operating area in McDovieIl County. 8. Granting the certificate application to JEO would adverseiy affect Bebe and its ability to provide quality service at reasonable rates to its customers. Bebe protests the Application and urges the Cornmission to deny the Application. 2

4 WHEREFORE, Bebe Enterprize, Inc. respectfully requests that the Commission grant its Motion to Intervene, properly note this protest to the pending application, deny JEO s application, and for such further relief as this Commission deems fit and proper. BEBE ENTERPRIZE, INC. By Counsel Kelsh (WVSB ii6617) Post Office Box Quarrier Street Cliarleston, West Virginia

5 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON CASE NO MC-C JEO ENTERPRISES, INC. CERTIFICATE OF SERVICE I, James V. Kelsh, counsel for Bebe Enterprize, Inc., hereby certify that I have seivcd the foregoing "Protest and &lotion io Intervene of Bcbe Enterprize, he.'' by placing a true and exact copy thereof by hand delivery or in a properly addressed envelope, in the United States Mail, postage prepid thereon, this 11"' day of January, 2019, upon the following: VIA HAND DELIVERY: VIA U.S. MAIL: Jackie Clark, Esquire Legal Division FPublic Service Coniniission of Wes: Virginia 201 Brooks Street Charleston, WV James D. Kauffelt, Esquire Kauffelt & Kauffelt PO Box 3082 Charleston, WV Samuel F. I-fanna, Esquire Hanna Law Office P.O. Box 23 1, I Charleston, West Virginia