1411 Virginia Street, East ww.shumanlaw.cam 1445 Stewartstown Koad, Suite 200 Suite 200

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1 I U PLLC Attorneys at Law 1411 Virginia Street, East ww.shumanlaw.cam 1445 Stewartstown Koad, Suite 200 Suite 200 Morgantown, West Virginia P.O. Box 3953 Telephone Charleston, West Virginia Facsimile Telephone Facsimile Natalie C. Schaefer, Esq. nschaefer@shumanlaw.com November 6,201 5 Reply to: Charleston VIA HAND DELIVERY Ingrid Ferrell Executive Secretary Legal Division Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia Dear Ms. Ferrell: Re: Owner-Operator Independent Drivers Association v. Charleston Auto, Inc., dba Hurricane Wrecker and Towing, Case No.: MC-FC Enclosed for filing in the above-referenced matter, please find the original and 12 copies of (1) a Notice of Appearance on behalf of Owner-Operator Independent Drivers Association; and (2) a Motion to Permit Testimony Under Oath By Telephonic Appearance Under Rule 13 Thank you for your attention to this matter. Should you have any questions, please do not hesitate to contact me. Very truly yours, NCS/tmh Enclosures cc: Chris Reed John D. Little, Esq. Natalie C. Schaefer

2 CHAmESTON AUTO, INC., dba MOTION 'IO I'E:RRII'l' TESTIMONY IJNDEK Or\TH l3j' TEI.EPIIOSlC.4PPEAKANCI< UNDER l1lll.e 13 Now comes Owner-Operator Independent Drivers Association ("OOIDA"), by counsel, and moves to seek permission to allow testimony under oath by telephonic appearance under Rule 13 at the hearing currently scheduled for November 12, In support of this motion, OOIDA states as follows: 1. A Final Joint Staff Memorandum was filed in this matter on October 27, On October 28, 2015, OOIDA timely responded to the Final Joint Staff Memorandum and requested that the Commission reconsider the Staffs conclusion and recommendation. 3. Administrative Law Judge Pancho G. Morris issued a Procedural Order on November 3, 2015, setting this matter for hearing onnovember 12, Mike Matousek, Director of State Legislative Affairs at OOIDA, is located in Grain Valley, Missouri.

3 5. Due to the distance involved and the timing of the hearing, Mr. Matousek respectfully requests that he be granted permission to appear and testify under oath telephonically. WHEREFORE, based upon the foregoing, OOIDA respectfully requests that an order be entered permitting Mr. Matousek to appear and testify under oath telephonically at the November 12,2015 hearing. GRAIN VALLEY, MISSOURI, By Counsel Shuman, McCuskey & Slicer, PLLC Virginia Street East, Suite 200 Post Office Box 3953 Charleston, West Virginia (304)

4 AUTO, INC., dha CERTIFICATE OF SERVICE The undersigned, counsel for the Owner-Operator Independent Driver s Association, hereby certifies I served true and exact copies of the foregoing Motion to Permit Testimony Under Oath By Telephonic Appearance Under Rule 13 upon the parties of record via U. S. mail, postage prepaid, in an envelope properly addressed and stamped as follows: Dated this gth day of November, Chris Reed, President Hurricane Wrecker Post Office Box Charleston, WV John D. Little, Esq. Staff Attorney Public Service Commission of West Virginia 201 Brook Street P.O. Box 812 Charleston, WV Natalie C. Schaefer, Esq. (WVSB #9103)

5 AUTO, INC., dba NOTICE OF APPEARANCE Please take notice that Natalie C. Schafer, Esquire, and the law firm of Shuman, McCuskey & Slicer, PLLC, represent the interest of the Owner-Operator Independent Driver s Association, in the above-referenced matter. Please serve all further documents upon the undersigned GRAIN VALLEY, MISSOURI, By Counsel Shuman, McCuskey & Slicer, PLLC Street: 1411 Virginia Street East, Suite 200 (25301) Post Office Box 3953 Charleston, West Virginia (304) nschaefer@,shumanlaw.com

6 AUTO, INC., dba CERTIFICATE OF SERVICE The undersigned, counsel for the Owner-Operator Independent Driver s Association, hereby certifies I served true and exact copies of the foregoing Notice of Appearance upon the parties of record via U. S. mail, postage prepaid, in an envelope properly addressed and stamped as follows: Dated this gth day of November, Chris Reed, President Hurricane Wrecker Post Office Box Charleston, WV John D. Little, Esq. Staff Attorney Public Service Commission of West Virginia 201 Brook Street P.O. Box 812 Charleston, WV 25323