Oak Harbor Freight Lines, Inc. - Page 10




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          ($275 application fee for common carrier of general commodities);           
          Or. Rev. Stat. sec. 825.180 (1995) ($300 application fee for for-           
          hire carrier in intrastate commerce).  We do not find that the              
          value of the pre-1995 operating authority as a substitute for a             
          new general permit was material.                                            
               Nor do we agree with respondent's argument that petitioner             
          did not sustain the loss in 1994 as petitioner "relied on its               
          operating authorities (recognized as interim permits) to conduct            
          business on and after January 1, 1995 [sic] and until it received           
          replacement permits."                                                       
               In 1995, the pre-1995 operating authorities were held as               
          interim permits, which were substitutes for the new general                 
          permits while the holders waited for the States to issue the new            
          permits.  Thus, an interim permit was merely evidence that the              
          holder could operate legally in the State until the new permits             
          were issued.                                                                
               Furthermore, the FAAAA terminated State economic regulation            
          of intrastate transportation; therefore, States could not provide           
          that holders of the pre-1995 operating authorities would continue           
          to have the valuable right to intervene in the application                  
          process after December 31, 1994.  Thus, an interim permit did not           
          represent an extension of a pre-1995 operating authority; it was            
          no more than a substitute for a new general permit, the cost of             
          which was minimal.                                                          





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