124226.doc - Georgia Public Service Commission

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					COMMISSIONERS:
H. DOUG EVERETT , Chairman                                               DEBORAH K. FLANNAGAN
ROBERT B. BAKER, JR.                                                       EXECUTIVE DIRECTOR
CHUCK EATON
LAUREN ‘BUBBA’ MCDONALD JR                                                   REECE MCALISTER
STAN WISE                                                                EXECUTIVE SECRETARY



                Georgia Public Service Commission
                                     244 Washington Street SW
                                      Atlanta GA 30334-5701
                                    (404) 656-4501 or 1 (800) 282-5813
                                           fax: (404) 656-2341
                                           www.psc.state.ga.us




November 9, 2009



Mr. Reece McAlister, Executive Secretary
Georgia Public Service Commission
244 Washington St.
Atlanta, GA 30334

Re: Transportation Docket No. 30832

Dear Mr. McAlister:

Please find Transportation Staff’s Data Requests (STF-KJL-1) for filing in the above-
referenced Docket.

Respectfully submitted this 9TH day of November 2009:




_____________________________
Kelli Leaf, Staff Attorney
Georgia Public Service Commission
Georgia Bar No. 076223/Oklahoma Bar No. 19152
244 Washington St.
Atlanta, GA 30334
Ph. 404-463-8783
Fax 770-357-3086
kleaf@psc.state.ga.us




                                     Page 1 of 10
             BEFORE THE GEORGIA PUBLIC SERVICE COMMISSION

IN RE:                                                      )
                                                            )
INVESTIGATION OF POSSIBLE ILLEGAL MOTOR                     )
PASSENGER CARRIER OPERATIONS BY AND/OR                      )    DOCKET NO. 30832
ON BEHALF OF ADVENTURE BUS CHARTERS &                       )
TOURS,    INC.  AND  DOYLE    CUMMINGS,                     )
INDIVIDUALLY   AND  AS   PRESIDENT   OF                     )
ADVENTURE BUS CHARTERS & TOURS, INC.                        )


                   STAFF'S FIRST SET OF DATA REQUESTS
                                    TO
                  ADVENTURE BUS CHARTERS & TOURS, INC..


TO THE FOLLOWING RESPONDENTS:
Glenda Cummings, Registered Agent            Doyle Cummings, President
Adventure Bus Charters & Tours, Inc.         Adventure Bus Charters & Tours, Inc.
150 Warrior Ave.                             150 Warrior Ave.
Sumiton, AL 35148-3412                       Sumiton, AL 35148-3412
Carlton Curry, General Manager
Adventure Bus Charters & Tours, Inc.
3842 Bakers Ferry Rd.
Atlanta, GA 30331


         COMES   NOW    the   Staff    of   the   Georgia       Public   Service   Commission

(“Commission”) and, pursuant to the authority vested in it by the Commission pursuant

to O.C.G.A. § 46-7-85.1 et. seq., herein propounds the following interrogatories and

requests for production of documents (collectively, “data requests”), to be answered

under oath by designated representatives or agents of ADVENTURE BUS

CHARTERS & TOURS, INC. Staff requests that a complete set of the responses and

supporting documents be filed with the Commission’s Executive Secretary in the

manner set forth in Utility Rule 515-2-1-.04(4). As contemplated by law, responses to

these Data Requests are expected from ADVENTURE BUS CHARTERS & TOURS,

INC. by no later than December 10, 2009.


                                        Page 2 of 10
                                      Docket No. 30832
                                       DEFINITIONS

          As may be used in this document:

          1.     “Respondents” MEANS “ADVENTURE BUS CHARTERS & TOURS,

INC.” and “Doyle Cummings” Individually and as President of “ADVENTURE BUS

CHARTERS & TOURS, INC.”; a valid Alabama Business Corporation; and shall include

the present and former officers, employees, agents, representatives, directors, and all

other persons acting or purporting to act on behalf of said Corporation.

          2.    The term “you” and “your” refer to “the Corporation.”

          3.    The term “person” means any natural person, corporation, corporate

division, partnership, other unincorporated association, trust, government agency, or

entity.

          4.    The term “document” or “documentation” shall have the broadest possible

meaning under applicable law. “Document” or “documentation” means every writing or

record of every type and description that is in the possession, custody or control of the

Corporation including, but not limited to, correspondence, memoranda, e-mails, drafts,

workpapers, summaries,         stenographic or handwritten       notes, studies,   notices,

publications, books, pamphlets, reports, surveys, minutes or statistical compilations,

computer and other electronic records or tapes or printouts, including, but not limited to,

electronic mail files; and copies of such writing or records containing any commentary or

notation whatsoever that does not appear in the original.         The term “document” or

“documentation” further includes, by way of illustration and not limitation, schedules,

progress schedules, time logs, drawings, computer disks, chart projections, time tables,

summaries of other documents, minutes, surveys, work sheets, drawings, comparisons,


                                         Page 3 of 10
                                       Docket No. 30832
evaluations, laboratory and testing reports, telephone call records, personal diaries,

calendars, personal notebooks, personal reading files, transcripts, witness statements

and indices.

      5.       The term “referring or relating to” means consisting of containing

mentioning, suggesting, reflecting, concerning, regarding, summarizing, analyzing,

discussing, involving, dealing with, emanating from, directed at, pertaining to in any

way, or in any way logically or factually connected or associated with the matter

discussed.

      6.       “And” and “or” as used herein shall be construed both conjunctively and

disjunctively and each shall include the other whenever such construction will serve to

bring within the scope of these discovery requests any information that would not

otherwise be brought within their scope.

      7.       The singular as used herein shall include the plural and the masculine

gender shall include the feminine and the neuter.

      8.       “Identify” or “identifying” or “identification” when used in reference to a

person other than a natural person means to state: the full name of the person and any

names under which it conducts business; the present or last known address of the

person; and, the present or last known telephone number of the person.

      9.       “Identify” or “identifying” or “identification” when used in reference to a

document means to provide with respect to each document requested to be identified

by these discovery requests, a description of the document that is sufficient for

purposes of a request to produce or a subpoena duces tecum, including the following:

      a)       the type of document (e.g., letter, memorandum, etc.);



                                        Page 4 of 10
                                      Docket No. 30832
      b)     the date of the document; the title or label of the document;

      c)     the Bates number or other identifier used to number the document for use

             in litigation; the identity of the originator;

      d)     the identity of each person to whom it was sent;

      e)     the identity of each person to whom a copy or copies were sent;

      f)     a summary of the contents of the document;

      g)     the name and last known address of each person who presently has

             possession, custody or control of the document;

      h)     if any such document was, but is no longer, in your possession, custody

             or control or is no longer in existence, state whether it: (1) is missing or

             lost; (2) has been destroyed; or (3) has been transferred voluntarily or

             involuntarily, and if so, state the circumstances surrounding the

             authorization for each such disposition and the date of such disposition.

      10.    “Identify”, “identifying” or identity” when used in reference to a

communication should be read to include information regarding the date of the

communication, whether the communication was written or oral, the identity of all parties

and witnesses to the communication, the substance of what was said and/or transpired

and, if written, the identity of the document(s) containing or referring to the

communication.


                                      INSTRUCTIONS

      1.     If you contend that any response to any data request may be withheld

under the attorney-client privilege, the attorney work product doctrine or any other

privilege or basis, please state the following with respect to each such response in order


                                         Page 5 of 10
                                       Docket No. 30832
to explain the basis for the claim of privilege and to permit adjudication of the propriety

of that claim:

       a)        the privilege asserted and its basis.
       b)        the nature of the information withheld;
       c)         the subject matter of the document, except to the extent that you claim it
                 is privileged.
       2.        The answers provided should first restate the question asked and

also provide the name of the Corporate emloyee(s) or agents responsible for

compiling and providing the information contained in each answer.

       3.        These data requests are to be answered with reference to all information

in your possession, custody or control or reasonably available to you. These discovery

requests are intended to include requests for information, which is physically within your

possession, custody or control as well as in the possession, custody or control of your

agents, attorneys, or other third parties from which such documents may be obtained.

       4.        If any data request cannot be responded to or answered in full, answer to

the extent possible and specify the reasons for your inability to answer fully.

       5.        These data requests are continuing in nature and require supplemental

responses should information unknown to you at the time you serve your responses to

these interrogatories subsequently become known.

       6.        Each Data Request must be answered separately and fully, in writing and

under written oath of the person(s) providing responses.




                                          Page 6 of 10
                                        Docket No. 30832
                  Staff’s First Set of Data Requests to
               ADVENTURE BUS CHARTERS & TOURS, INC.

STF-KJL-1-1.   Please provide copies of all operating certificates, permits, licenses
               and/or any other operating authority issued to EACH
               RESPONDENT by all Federal and State regulatory bodies.


STF-KJL-1-2.   Please provide copies of all insurance policies issued in the name
               of EACH RESPONDENT by any and all insurance companies
               (whether foreign or domestic) in the last five years through the
               present date of this Data Request.


STF-KJL-1-3.   Please provide copies of all safety inspection reports for each
               vehicle owned and/or operated by EACH RESPONDENT for the
               last five years through the present date of this Data Request.


STF-KJL-1-4.   Please provide copies of all vehicle registrations for every
               passenger carrier motor vehicle (including buses, sedans,
               limousines, vans and any other motor vehicles) owned and/or
               operated by EACH RESPONDENT during the last five years
               through the present date of this Data Request.


STF-KJL-1-5.   Please provide copies of all Georgia Department of Revenue cab
               cards     and    any    other    vehicle     identification/registration
               documentation for every passenger carrier motor vehicle (including
               buses, sedans, limousines, vans and any other motor vehicles)
               owned and/or operated by EACH RESPONDENT during the last
               five years through the present date of this Data Request.


STF-KJL-1-6.   Please provide an itemized list of all motor carrier vehicle drivers
               employed by and/or having contracted (directly and/or indirectly)
               with EACH RESPONDENT during the last five years through the
               present date of this Data Request.


STF-KJL-1-7.   Please provide photo copies of the driver’s licenses (including but
               not limited to chauffer’s permits and CDL’s) of all motor carrier
               vehicle drivers employed by and/or having contracted (directly
               and/or indirectly) with EACH RESPONDENT during the last five
               years through the present date of this Data Request.



                                  Page 7 of 10
                                Docket No. 30832
STF-KJL-1-8.    Please provide copies of all balance sheets and income/expense
                statements (audited and un-audited) for EACH RESPONDENT for
                the last five years through the present date of this Data Request.


STF-KJL-1-9.    Provide copies of all corporate tax returns and schedules for EACH
                RESPONDENT for the last five years through the present date of
                this Data Request.       Please include copies of all supporting
                documentation, memorandum, receipts, and any other
                documentation in support of each such tax return.


STF-KJL-1-10.   Please provide a detailed list of all assets held (whether or not still
                owned/leased) by EACH RESPONDENT during the last five years
                through the present date of this Data Request. Assets shall include
                but not be limited to: land/buildings/ other real estate holdings,
                motor vehicles, plant and equipment, stocks/bonds and any other
                tangible items of worth.       Please further provide a detailed
                breakdown of all assets and the value attached to each item.
                Include receipts, tax documentation and any other documentation
                that would support such value.


STF-KJL-1-11.   Please provide copies of all bank statements for each and every
                account owned and/or co-owned by EACH RESPONDENT during
                the last five years through the present date of this Data Request.


STF-KJL-1-12.   Please provide copies of all bank statements for each and every
                account upon which any officer of EACH RESPONDENT is or has
                been a signatory during the last five years through the present date
                of this Data Request.


STF-KJL-1-13.   Please provide copies of all service contracts for motor carrier
                passenger services entered into (directly and/or indirectly) by
                EACH RESPONDENT during the last five years through the
                present date of this Data Request. Please include any and all
                contracts for motor carrier passenger services provided for by bus,
                sedan, limousine, van and any other motor vehicles. Please also
                include all contracts for motor carrier passenger services in which
                EACH RESPONDENT was directly contracted, subcontracted or
                otherwise contracted through any other agency relationships.




                                  Page 8 of 10
                                Docket No. 30832
STF-KJL-1-14.   Please provide copies of all trip sheets for motor carrier passenger
                services provided (directly and/or indirectly) by EACH
                RESPONDENT during the last five years through the present date
                of this Data Request. Please include any and all trip sheets for
                motor carrier passenger services provided for by bus, sedan,
                limousine, van and any other motor vehicles. Please also include
                all trip sheets for motor carrier passenger services in which EACH
                RESPONDENT was directly contracted, subcontracted or otherwise
                contracted through any other agency relationships.


STF-KJL-1-15.   Please provide copies of all driver logs for motor carrier passenger
                services provided (directly and/or indirectly) by EACH
                RESPONDENT during the last five years through the present date
                of this Data Request. Please include any and all driver logs for
                motor carrier passenger services provided for by bus, sedan,
                limousine, van and any other motor vehicles. Please also include
                all driver logs for motor carrier passenger services in which EACH
                RESPONDENT was directly contracted, subcontracted or otherwise
                contracted through any other agency relationships.


STF-KJL-1-16.   Please provide copies of all driver payroll logs for motor carrier
                passenger services provided (directly and/or indirectly) by EACH
                RESPONDENT during the last five years through the present date
                of this Data Request. Please include any and all driver payroll logs
                for motor carrier passenger services provided for by bus, sedan,
                limousine, van and any other motor vehicles. Please also include
                all driver payroll logs for motor carrier passenger services in which
                EACH RESPONDENT was directly contracted, subcontracted or
                otherwise contracted through any other agency relationships.




                                  Page 9 of 10
                                Docket No. 30832
              BEFORE THE GEORGIA PUBLIC SERVICE COMMISSION

IN RE:                                                       )
                                                             )
INVESTIGATION OF POSSIBLE ILLEGAL MOTOR                      )
PASSENGER CARRIER OPERATIONS BY AND/OR                       )   DOCKET NO. 30832
ON BEHALF OF ADVENTURE BUS CHARTERS &                        )
TOURS,    INC.  AND  DOYLE    CUMMINGS,                      )
INDIVIDUALLY   AND  AS   PRESIDENT   OF                      )
ADVENTURE BUS CHARTERS & TOURS, INC.                         )

                                CERTIFICATE OF SERVICE
      I hereby certify that Transportation Staff’s First Set of Data Requests in Docket
No. 30832 were filed with the Commission’s Executive Secretary and a copy of same
was served upon all parties and persons listed below via hand delivery as indicated by
an asterisk, or by depositing same in the United States mail.

*Reece McAlister, Executive Secretary          Glenda Cummings, Registered Agent
Georgia Public Service Commission              Adventure Bus Charters & Tours, Inc.
244 Washington Street, SW                      150 Warrior Ave.
Atlanta, Georgia 30334                         Sumiton, AL 35148-3412

*Robert West, Transportation Division Dir.     Doyle Cummings, President
Georgia Public Service Commission              Adventure Bus Charters & Tours, Inc.
244 Washington Street, S.W.                    150 Warrior Ave.
Atlanta, Georgia 30334                         Sumiton, AL 35148-3412

*Kelli Leaf, Staff Attorney                    Carlton Curry, General Manager
Georgia Public Service Commission              Adventure Bus Charters & Tours, Inc.
244 Washington Street, S.W.                    3842 Bakers Ferry Rd.
Atlanta, Georgia 30334                         Atlanta, GA 30331

*Carolyn Harris, Transportation Analyst
Georgia Public Service Commission
244 Washington Street, S.W.
Atlanta, Georgia 30334

Respectfully submitted this __ day of November 2009:


_____________________________
Kelli Leaf, Staff Attorney
Georgia Public Service Commission
Georgia Bar No. 076223/Oklahoma Bar No. 19152
244 Washington St.
Atlanta, GA 30334
Ph. 404-463-8783/Fax 770-357-3086
kleaf@psc.state.ga.us

                                           Page 10 of 10
                                          Docket No. 30832

				
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