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GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES Public Services Commission In re TRANSPORTATION SERVICES OF ST. JOHN, INC. AND VARLACK VENTURES, INC. RATE INVESTIGATION Docket No. 640 Order No. 13/2019 Neer? Nee” See” “nee” ORDER WHEREAS, on September 6, 2017, the Virgin Islands suffered a direct impact from Hurricane Irma, which directly struck the northern islands as a Category 5 storm; and on September 19, 2017, Hurricane Maria directly struck the Territory as a Category 5 storm; and WHEREAS, on December 19, 2017, the Virgin Island Public Services Commission (hereinafter “Commission” or “PSC”) held a regular meeting at the Henry E. Rohlsen Airport on St. Croix, where Transportation Services of St. John, Inc. and Varlack Ventures, Inc. (collectively “Ferry Franchise”) testified on the status of their operations since the hurricanes; and WHEREAS, the Ferry Franchise suffered losses due to various factors including damage to vessels, the imposition of a curfew, loss of employees, guidelines by the U.S. Coast Guard and the Department of Homeland Security, lack of navigational lighting at docking facilities and the availability of fuel and water; and WHEREAS, on September 25, 2018, the Commission held a regular meeting at its office located at No. 1003 Estate Ross Suite 4, Barbel Plaza, St. Thomas and via teleconference at the Virgin Islands Board of Education office on the island of St. Croix, United States Virgin Islands; and WHEREAS, the Commission requested that a forensic audit be conducted of the Ferry Franchise as it pertains to their revenue, other relevant information, leases or agreements and documents regarding the two vessels provided to the Franchisees by the Department of Public Works that were purchased with Garvee bonds; and WHEREAS, the Commission’s request for a forensic audit is also to outline identifiable revenue problems, the ability of the Franchisees to perform its Franchise requirements; and WHEREAS, the Commission voted to engage the services Mr. Avery Williams (hereinafter “Williams”) as the PSC’s Technical Consultant to define the parameters of a comprehensive forensic audit for the Ferry Franchise by the PSC’s meeting on Thursday October 18, 2018; WHEREAS, Williams is the principal of Adiuvo, LLP, which provides professional services as a Technical Consultant to the PSC as needed, and hires staff when necessary to perform such services;