Assignment of Proceeding
Timothy A. Simon is the assigned Commissioner and Robert Barnett is the assigned Administrative Law Judge in this proceeding.
1. Accelar currently operates a service between many of the points set forth in its application.
2. Granting the application would merely change the existing service from one which is operated under charter arrangements into one that is operated by collecting individual fares, without affecting the public need for the service.
3. Accelar is financially fit to operate the proposed service.
4. A response to the application was filed by the City.
5. To address the concerns raised in the response, Accelar has entered into a Stipulation with the City that is intended to minimize traffic congestion and potential impacts on the City's public transit operations, attached as Appendix B.
1. Accelar's application to operate on an individual fare basis should be granted.
2. A certificate of public convenience and necessity should be granted to Accelar as set forth in the order.
3. Accelar should be ordered to comply with the terms of the Stipulation it executed with the City.
IT IS ORDERED that:
1. A certificate of public convenience and necessity is granted to Accelar, Inc., a corporation, authorizing it to operate as a passenger stage corporation, as defined in Pub. Util. Code § 226, to transport passengers between the points and over the routes set forth in Appendix PSC-26666, subject to the conditions contained in the following paragraphs.
2. Applicant shall:
a. File a written acceptance of this certificate within 30 days after this decision is effective.
b. Establish the authorized service and file tariffs and timetables within 120 days after this decision is effective.
c. File tariffs and timetables on or after the effective date of this decision. They shall become effective 10 days or more after the effective date of this decision, provided that the Commission and the public are given not less than 10 day's notice.
d. Comply with General Orders Series 101 and 158, and he California Highway Patrol safety rules.
e. Comply with the controlled substance and alcohol testing certification program pursuant to Pub. Util. Code § 1032.1 and General Order Series 158.
f. Remit to the Commission the Transportation Reimbursement Fee required by Pub. Util. Code § 423 when notified by mail to do so.
g. Comply with Pub. Util. Code §§ 460.7 and 1043, relating to the Workers' Compensation laws of this state.
h. Enroll all drivers in the pull notice system as required by Vehicle Code § 1808.1.
i. Accelar shall comply with the terms of the Stipulation it executed with the City and County of San Francisco on September 22, 2010, attached as Appendix B.
3. Applicant is authorized under Pub. Util. Code § 454.2 to establish a zone of rate freedom as follows: $5 above and below fares of $19.99 or les; $10 above and below fares between $20 and $29.99; $15 above and below fares between $30 and $44.99; and $25 above and below fares $45 and above.
4. Applicant shall file a zone of rate freedom (ZORF) tariff in accordance with the application on not less than 10 days' notice to the Commission and to the public. The ZORF shall expire unless exercised within 120 days after the effective date of this decision.
5. Applicant may make changes within the zone of rate freedom by filing amended tariffs on not less than 10 days' notice to the Commission and to the public. The tariff shall include the authorized maximum and minimum fares and the fate to be charged between each pair of service points.
6. In addition to posting and filing tariffs, Applicant shall post notices explaining fare changes in its terminals and passenger-carrying vehicles. Such notices shall be posted at least 10 days before the effective date of the fare changes and shall remain posted for at least 30 days.
7. Applicant is authorized to begin operations on the date that the Consumer Protection and safety Division mails a notice to Applicant that its evidence of insurance and other documents required by Ordering Paragraph 2 have been filed with the Commission and that the California Highway Patrol has approved the use of Applicant's vehicles for service.
8. Before beginning service to any airport, Applicant shall notify the airport's governing body. Applicant shall not operate into or on airport property unless such operations are authorized by the airport's governing body.
9. The certificate of public convenience and necessity to operate as PSC-26666, granted herein, expires unless exercised within 120 days after the effective date of this decision.
10. The Application is granted as set forth in Ordering Paragraphs 1-9 above.
11. Application 10-06-009 is closed.
This order is effective today.
Dated July 28, 2011, at San Francisco, California.
MICHAEL R. PEEVEY
President
TIMOTHY ALAN SIMON
MICHEL PETER FLORIO
CATHERINE J.K. SANDOVAL
MARK J. FERRON
Commissioners
Appendix PSC-26666 Accelar, Inc. Original Title Page
(a corporation)
CERTIFICATE
OF
PUBLIC CONVENIENCE AND NECESSITY
AS A PASSENGER STAGE CORPORATION
PSC-26666
-------------------------------
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.
-------------------------------
Appendix PSC-26666 Accelar, Inc. Original Page 1
(a corporation)
I N D E X
Page
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS,
LIMITATIONS, AND SPECIFICATIONS 2
SECTION II. SERVICE AREA 3
SECTION III. ROUTE DESCRIPTIONS 3 - 13
Appendix PSC-26666 Accelar, Inc. Original Page 2
(a corporation)
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS, LIMITATIONS, AND SPECIFICATIONS.
Accelar, Inc., a corporation, by the certificate of public convenience and necessity granted by the decision noted in the foot of the margin, is authorized to transport passengers on a scheduled 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:
When a route description is given in one direction, it applies to operation in either direction unless otherwise indicated.
Only passengers with a point of origin or destination as described in Section IIA shall be transported.
Service may be provided seasonally to coincide with sporting or other events held at the facilities described in Section IIA.
A description of all the stop points to board or discharge passengers and the arrival and departure times from such points shall be indicated in the timetables filed with the Commission.
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-26666 Accelar, Inc. Original Page 3
(a corporation)
SECTION II. SERVICE AREA.
A. Candlestick Park (City and County of San Francisco)
Oakland-Alameda County Coliseum (City of Oakland)
University of California (Cal) Memorial Stadium (City of Berkeley)
AT&T Park (City and County of San Francisco)
HP Pavilion (City of San Jose)
B. Cities and communities named in the route descriptions contained in Section III and points in the vicinity of those cities and communities located within five miles of the highways named in Section III.
SECTION III. ROUTE DESCRIPTIONS.
Note: The carrier may operate over any streets and highways that are operationally convenient and efficient. Highways are named below to show the route of travel generally and for the purpose of describing the points the carrier is authorized to serve (see Section IIB above).
