Proceeding P0305040
Date Filed: May 30, 2003
Status: Closed


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Filer Requested Category:
Preliminary Category:
Commission Designated Category:
Filed By:
AERONAUT SOCIETY
ALAN AND GEN SANDERSON
BOB ALLEN
BOB BARBARICK
BOB SCHAIBEL
CAROL ANN AND NIELSEN ROGERS
CLOTAIRE AND SUSAN CASTANIER
DON SURPLUS
ED STEELE
ELSIE OSNER
ERICK AND SYLVIE MOORE
JEANNE ANSON AND TOM SHARPEE
JOYCE BOWEN
MARK BOULET
MIKE KIJAK
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
RUSTY AND CHERISE MANNING
TERRY BULMAN
TIEMO AND CONNI VON ZWECK
W. SCOTT VAN DER HORST

DOCUMENTS
Number of Documents: 28

Type: MOTION

Filing Date: April 20, 2004
Filed By:
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
Description: for leave to file late their comments concerning ALJ Walker's proposed decision; and comments.

Type: MOTION

Filing Date: April 16, 2004
Filed By:
CPSD/TES/BERDGE/PUC
Description: For Leave To File Late Its Comments Concerning ALJ Walker's Proposed Decision; And Comments

Type: PROPOSED DECISION

Filing Date: March 23, 2004
Filed By:
ALJ/WALKER/PUC
Description: Resolving Petition by Manned Balloon Operators to Amend GO 120-C. Comments are due by April 12, 2004; reply comments - 5 days after comments are filed.

Type: EXPARTE

Filing Date: January 23, 2004
Filed By:
CPSD/BERDGE/PUC
Description: On January 23, 2004, Patrick Berdge, attorney for the Rail Crossing Engineering Section of the Consumer Protection and Safety Division, e-mailed a letter (attached to the notice) to ALJ Walker.

Type: BRIEF

Filing Date: January 20, 2004
Filed By:
AERONAUT SOCIETY ET AL.
PROFESSIONAL BALLOON PILOTS ASSOCIATION
Description: Reply; of Petitioners. [Filing authorized by ALJ Walker].

Type: BRIEF

Filing Date: January 16, 2004
Filed By:
CPSD/BERDGE/PUC
Description: Concurrent; Reply;

Type: BRIEF

Filing Date: December 22, 2003
Filed By:
CPSD/BERDGE/PUC
Description: concurrent, opening.

Type: BRIEF

Filing Date: December 22, 2003
Filed By:
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
THE AERONAUT SOCIETY, ET AL.
Description: opening.

Type: TRANSCRIPT

Filing Date: November 26, 2003
Filed By:
REPORTING DIVISION
Description: Submitted; Volume 1

Type: REPLY

Filing Date: November 6, 2003
Filed By:
AERONAUT SOCIETY
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
Description: to responses to scoping memo by CPUC staff, protestant Robert C. Walker and Contractors Bonding Ltd.

Type: RESPONSE

Filing Date: October 17, 2003
Filed By:
CONTRACTORS BONDING LIMITED
Description: to scoping memo an in support of amendment of GO 120-C: Declaration of Peter Harris.

Type: RESPONSE

Filing Date: October 14, 2003
Filed By:
ROBERT C. WELKER
Description: to Scoping Memo. [Late-Filing authorized by ALJ Walker].

Type: RESPONSE

Filing Date: October 3, 2003
Filed By:
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
Description: to Scoping Memo.

Type: SCOPING RULING

Filing Date: August 14, 2003
Filed By:
CMMR/KENNEDY/PUC
Description: Changes the categorization to quasi-legislative, for this phase of the proceeding. Sets the following schedule: 9/19/3 - petitioners file and serve written testimony and exhibits; 10/10/3 - CPSD and other interested parties file and serve a written response (incl. testimony and exhibits) to petitioners' testimony and exhibits. 10/31/3 - Petitioners file and serve rebuttal testimony/exhibits; 11/18 - public hearing; 12/19/3 - briefs filed and served; February 2004 - draft decision issues; April 2004 - final decision.

Type: EXPARTE

Filing Date: August 5, 2003
Filed By:
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
Description: On August 1, 2003, Mary Wand of Morrison & Foerster LLP, attorneys for Applicants and Petitioners, provided to Ross LaJeunesse, advisor to Cmmr. Kennedy, a copy of an electronic mail message with the attached documents sent to Commission staff. Copies of the message with the attachments are appended to the notice. The message states that it was the intent of the Commission to grant Applicants temporary relief from the obligations contained in General Order 120-C, not to increase the burdens. The message indicated, however, that the effect of the staff interpretation is to impose significant new financial obligations on the hot air balloon industry.

Type: EXPARTE

Filing Date: July 31, 2003
Filed By:
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
Description: THIS IS AN AUGMENTED NOTICE OF AN EX PARTE COMMUNICATION THAT WAS FILED ON July 24, 2003 AND APPEARED IN THE CALENDAR OF July 31, 2003. On July 21, 2003, Zane O. Gresham of Morrison & Foerster, LLP, attorneys for Applicants and Petitioners, met with Cmmr. Brown in San Francisco. Also present were Peter Hanson and Belinda Gatti, advisors to Cmmr. Brown, and Carol Ann Rogers, of Napa Valley Balloons Aloft. Gresham and Rogers discussed the inability of California's hot air balloon providers to obtain insurance meeting requirements of GO 120-C, the efforts made by balloon companies to find insurance, and the need for continuing the interim relief approved by Commission until a long-term resolution of the problem is developed.

Type: EXPARTE

Filing Date: July 24, 2003
Filed By:
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
Description: AUGMENTATION REQUIRED. On July 21, 2003, Zane O. Gresham of Morrison & Foerster, LLP, attorneys for Applicants and Petitioners, met with Cmmr. Brown. Also present were Peter Hanson and Belinda Gatti, advisors to Cmmr. Brown, and Carol Ann Rogers, of Napa Valley Balloons Aloft. Gresham and Rogers discussed the inability of California's hot air balloon providers to obtain insurance meeting requirements of GO 120-C, the efforts made by balloon companies to find insurance, and the need for continuing the interim relief approved by Commission until a long-term resolution of the problem is developed.

Type: EXPARTE

Filing Date: July 21, 2003
Filed By:
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
Description: LATE FILED. On July 15, 2003, Mary Wand of Morrison & Foerster, LLP, attorneys for Applicants and Petitioners, provided documents (copies attached to the notice) to Ross LaJeunesse, advisor to Cmmr. Kennedy. One of the documents describes the economics of the California balloon industry. Wand also provided copies of National Transportation Safety Board accident reports to demonstrate that ballooning is a very safe activity.

Type: EXPARTE

Filing Date: July 21, 2003
Filed By:
PROFESSIONAL BALLOON PILOTS ASSOCIATION
Description: On July 17, 2003, Mary Wand of Morrison & Foerster, LLP, attorneys for Applicants and Petitioners, provided to Ross LaJeunesse, advisor to Cmmr. Kennedy, a written analysis (copy attached to the notice) of the Legal Division comments at the July 10, 2003 meeting. The analysis indicates that Applicants and Petitioners have concluded that the actions the Legal Division approving the Interim Decision took were lawful.

Type: EXPARTE

Filing Date: July 17, 2003
Filed By:
AERONAUT SOCIETY
NAPA VALLEY ALOFT
Description: On July 16, 2003, Carol Ann Rogers, President of Napa Valley Aloft, met with Lester Wong, advisor to Pres. Peevey, and Mary Wand of Morrison & Foerster, LLP, attorneys for Applicants and Petitioners. Written materials (attached to the notice) were used. Rogers described her unsuccessful efforts to obtain GO 120-C compliant insurance for her hot air balloon business. Rogers explained that the Commission is distributing a list of insurance carriers and incorrectly representing that the companies identified on the list currently provide hot air balloon insurance. Rogers also stated that in the absence of the relief granted by the interim decision the reputable hot balloon providers would be forced to cease operations. Wand explained that the Commission had the statutory authority to grant the relief in the interim decision and that the Commissioners should not be personally liable for having done so.

Type: EXPARTE

Filing Date: July 17, 2003
Filed By:
AERONAUT SOCIETY
NAPA VALLEY ALOFT
Description: On July 15, 2003, Carol Ann Rogers, President of Napa Valley Aloft, met with Cmmr. Wood in San Francisco. Also present were Jonathan Lakritz, advisor to Cmmr. Wood, Christine Kalakuka, Administrator for the Aeronaut Society, and Zane Gresham and Mary Wand of Morrison & Foerster, LLP, attorneys for Applicants and Petitioners. Written materials (attached to the notice) were used. Gresham and Wand explained that the interim decision adopted at the July 10 agenda meeting would not result in personal liability for the Commissioners. Gresham and Wand stated further that the interim decision also properly assigned responsibility for review of insurance companies to the Department of Insurance, where it belongs. Rogers and Kalakuka described the difficulty balloonists have had in the last year obtaining GO 120-C compliant insurance and the resulting enforcement action against the hot air balloonists by the Commission staff.

Type: COMMENTS

Filing Date: July 7, 2003
Filed By:
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY
Description: on Draft Decision of ALJ Walker.

Type: DRAFT DECISION

Filing Date: June 24, 2003
Filed By:
ALJ/WALKER/PUC
Description: Interim decision granting relief; comments can be filed by July 7, 2003; no reply comments will be accepted.

Type: PROTEST

Filing Date: June 20, 2003
Filed By:
ROBERT C. WELKER
Description: to Aplication. [Filing authorized by ALJ Walker].

Type: MISCELLANEOUS FILING

Filing Date: June 11, 2003
Filed By:
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
Description: Compliance with ALJ's ruling dated June 10, 2003 (provides certificates of service).

Type: RULING

Filing Date: June 10, 2003
Filed By:
ALJ/WALKER/PUC
Description: Grants California's hot air balloon providers' motion to shorten time for protests; protests are due within 7 days from the date of mailing of the application and petition to the local entities, as set forth.

Type: PETITION TO ADOPT AMEND OR REPEAL REGUL.

Filing Date: May 30, 2003
Filed By:
AERONAUT SOCIETY
ALAN AND GEN SANDERSON
BOB ALLEN
BOB BARBARICK
BOB SCHAIBEL
CAROL ANN AND NIELSEN ROGERS
CLOTAIRE AND SUSAN CASTANIER
DON SURPLUS
ED STEELE
ELSIE OSNER
ERICK AND SYLVIE MOORE
JEANNE ANSON AND TOM SHARPEE
JOYCE BOWEN
MARK BOULET
MIKE KIJAK
PROFESSIONAL BALLOON PILOTS ASSOCIATION OF NAPA COUNTY, INC.
RUSTY AND CHERISE MANNING
TERRY BULMAN
TIEMO AND CONNI VON ZWECK
W. SCOTT VAN DER HORST
Description: Petition to Adopt, Amend or Repeal a Regulation pursuant to Public Utilities Code Section 1708.5 in order to Amend General Order 120-C

Type: MOTION

Filing Date: May 30, 2003
Filed By:
AERONAUT SOCIETY ET AL
Description: for partial waiver of Rule 14.7 of the Rules of Practice and Procedure.

DECISIONS
Number of Decisions: 3

Decision Number: D0404070

Rendered Date: April 22, 2004
Effective Date: April 22, 2004
Description: Resolves petition by manned balloon operators to amend GO 120-C by (1) granting, as set forth, P03-05-040 for amendment of GO 120-C; and terminating and replacing by the amendment to GO 120-C, as set forth, the modified interim plan authorized in A03-05-039 by Interim Decision 03-07-047. These proceedings are closed. (Comr. Kennedy will file a concurrence).

Decision Number: D0307036

Rendered Date: July 22, 2003
Effective Date: July 22, 2003
Description: IMPORTANT NOTE: This decision (D03-07-036) was NOT signed off; it was modified by D03-07-047.

Decision Number: D0307047

Rendered Date: July 22, 2003
Effective Date: July 22, 2003
Description: Interim Decision which modifies D03-07-036. (Comr. Brown, being necessarily absent, did not participate).

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