Transferor is authorized by Decision (D.) 99-11-011 to operate as a PSC to transport passengers and their baggage on an on-call basis between points in Orange County, on the one hand, and John Wayne Airport (SNA), on the other hand. The application requests approval to transfer certificate PSC-10814 to Transferee. Transferor is moving out of state for a career change.
Attached to the application is a Purchase and Sale Agreement, dated April 25, 2008. The purchase price for the PSC certificate is $24,000. Applicants explain that due to extenuating circumstances, the sale was delayed. They are now ready to proceed. Applicants will complete the transaction as described in the Agreement once the Commission grants its approval to transfer the certificate.
Transferee indicates there will be no change in the service provided to the public, including the fares that are charged. She states she has the experience and ability to conduct the PSC operation. Transferee has worked in the airport shuttle industry for seven years. Attached to the application as Exhibit 2 is her unaudited balance sheet as of October 12, 2009, that discloses assets of $278,000, liabilities of $32,000, and net worth of $246,000.
Notice of filing of the application appeared in the Commission's Daily Calendar on October 27, 2009.
In Resolution ALJ 176-3243 dated October 29, 2009, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protest has been received. Given this status, public hearing is not necessary, and it is not necessary to alter the preliminary determinations made in Resolution ALJ 176-3243.
This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.
Assignment of Proceeding
Richard Clark is the assigned Examiner in this proceeding.
1. Transferor is operating as an on-call PSC pursuant to D.99-11-011.
2. Applicants request approval to transfer the PSC authority to Transferee.
3. The proposed transfer will not be adverse to the public interest.
4. No protest to the application has been filed.
5. A public hearing is not necessary.
1. The proposed transfer is in the public interest and should be authorized.
2. Since the matter is uncontested, the decision should be effective on the date it is signed.
IT IS ORDERED that:
1. Within 120 days from the effective date of this decision, Narjes Khanian (Transferor), an individual, may transfer the operative rights specified in this application to Guita Nouranian (Transferee), an individual, subject to the conditions contained in the following paragraphs.
2. Transferee shall:
a. File a written acceptance of this certificate within 30 days after this decision is effective.
b. Establish the authorized service within 120 days after this decision is effective, adopt Transferor's tariffs and timetables or issue new tariffs and timetables, state in them when the service will start, make them effective ten or more days after this decision is effective and allow at least ten days' notice to the Commission.
c. Comply with General Orders Series 101 and 158, and the California Highway Patrol (CHP) safety rules.
d. Comply with the controlled substance and alcohol testing certification program pursuant to Pub. Util. Code § 1032.1 and General Order Series 158.
e. Remit to the Commission the Transportation Reimbursement Fee required by Pub. Util. Code § 423 when notified by mail to do so.
f. Comply with Pub. Util. Code §§ 460.7 and 1043, relating to the Workers' Compensation laws of this state.
g. Enroll all drivers in the pull notice system as required by Section 1808.1 of the Vehicle Code.
3. Transferee is authorized to begin operations on the date that the Consumer Protection and Safety Division mails a notice to Transferee that her evidence of insurance and other documents required by Ordering Paragraph 2 have been filed with the Commission and that the CHP has approved the use of Transferee's vehicles for service.
4. The certificate of public convenience and necessity (CPCN) granted to Transferor by Decision 99-11-011 is revoked on the date Transferee is notified that she may commence operations as provided in Ordering Paragraph 3.
5. The CPCN to operate as PSC-25664, granted herein, shall expire unless exercised within 120 days after the effective date of this decision.
6. The Application is granted as set forth above.
7. This proceeding is closed.
This decision is effective today.
Dated December 17, 2009, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
Appendix PSC-25664 Guita Nouranian Original Title Page
(an individual)
CERTIFICATE
OF
PUBLIC CONVENIENCE AND NECESSITY
AS A PASSENGER STAGE CORPORATION
PSC-25664
-------------------------------
Showing passenger stage operative rights, restrictions,
limitations, exceptions, and privileges.
-------------------------------
All changes and amendments as authorized by
the Public Utilities Commission of the State of California
will be made as revised pages or added original pages.
-------------------------------
Supersedes the authority heretofore granted to
Narjes Khanian, an individual, by Decision 99-11-011.
Appendix PSC-25664 Guita Nouranian Original Page 1
(an indivicual)
I N D E X
Page
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS,
LIMITATIONS, AND SPECIFICATIONS 2
SECTION II. SERVICE AREAS 3
SECTION III. ROUTE DESCRIPTION 3
Appendix PSC-25664 Guita Nouranian Original Page 2
(an individual)
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS, LIMITATIONS, AND SPECIFICATIONS.
This certificate supersedes all passenger stage operative authorities granted to Narjes Khanian, an individual.
Guita Nouranian, an individual, by the certificate of public convenience and necessity granted by the decision noted in the foot of the margin, is authorized to transport passengers and their baggage on an "on-call" basis, between the points described in Section II, over the routes described in Section III, subject, however, to the authority of this Commission to change or modify this authority at any time and subject to the following provisions:
a. When a route description is given in one direction, it applies to operation in either direction unless otherwise indicated.
b. The term "on-call," as used, refers to service which is authorized to be rendered dependent on the demands of passengers. The tariffs shall show the conditions under which each authorized on-call service will be provided, and shall include the description of the boundary of each fare zone, except when a single fare is charged to all points within a single incorporated city.
c. No passengers shall be transported except those having a point of origin or destination of John Wayne Airport.
d. This certificate does not authorize the holder to conduct any operation on the property of any airport unless such operation is authorized by the airport authority involved.
Appendix PSC-25664 Guita Nouranian Original Page 3
(an individual)
SECTION II. SERVICE AREA.
A. Points in Orange County
B. John Wayne Airport (SNA)
SECTION III. ROUTE DESCRIPTION
Commencing from any point in Orange County, then over the most convenient streets and highways to John Wayne Airport.