Comments on Draft Decision
The draft decision of the Administrative Law Judge in this matter was mailed to the parties in accordance with Pub. Util. Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments on the draft decision were received on _______________.
1. AST is operationally fit to operate the service proposed in its application.
2. AST is financially fit to operate the service proposed in its application.
3. The geographical market areas of Buellton (encompassing Lompoc and Solvang) and Santa Maria (encompassing Guadalupe) are rural, and are sparsely populated in comparison to urbanized areas of California. They are probably incapable of supporting the simultaneous inception of two similar passenger stage services to and from LAX.
4. The mutually agreeable conditions proposed by the parties for adoption in our order are reasonable.
5. AST has made a showing sufficient to establish a ZORF on a provisional basis, pending further support.
1. CCSS's protest should be deemed withdrawn.
2. AST's application should be granted, subject to the terms and conditions in our order.
3. AST's request for authority to establish a ZORF for this service should be approved subject to an additional compliance filing relating to the existence of competition and reasonableness of fares.
IT IS ORDERED that:
1. A certificate of public convenience and necessity(CPCN) is granted to AmericanStar Tours, Inc. (Applicant) authorizing it to operate as a passenger stage corporation (PSC), as defined in Pub. Util. Code § 226, between the points and over the routes set forth in Appendix PSC-8118, subject to the conditions contained in the following paragraphs.
2. Applicant may not provide service under this order to and from Buellton (encompassing Lompoc and Solvang, and the surrounding areas) and Santa Maria (encompassing Guadalupe and the surrounding areas) until January 1, 2004, unless the CPCN granted to Central Coast Shuttle Services, Inc. (CCSS), in Decision 00-04-006 is sold, leased, transferred, or otherwise conveyed to any other company before that date.
3. CCSS's protest in this matter is deemed withdrawn.
4. Applicant shall:
a. File a written acceptance of this certificate within 30 days after this order is effective.
b. File a report within 60 days showing (1) the portion or portions of its routes or territory to which the Zone of Rate Freedom (ZORF) will apply; (2) a specific list of competitive passenger services that exist for those routes or territory; and (3) the reasonableness of its rates under the ZORF in relation to those of competitive services.
c. Establish the authorized service and file tariffs and timetables within 120 days after this order is effective.
d. State in its tariffs and timetables when service will start; allow at least ten days' notice to the Commission; and make timetables and tariffs effective ten or more days after this order is effective.
e. Comply with General Orders Series 101, 104, and 158, and the California Highway Patrol (CHP) safety rules.
f. Comply with the controlled substance and alcohol testing certification program pursuant to Pub. Util. Code § 1032.1 and General Order Series 158.
g. Maintain accounting records in conformity with the Uniform System of Accounts.
h. Remit to the Commission the Transportation Reimbursement Fee required by Pub. Util. Code § 403 when notified by mail to do so.
i. Comply with Pub. Util. Code §§ 460.7 and 1043, relating to the Workers' Compensation laws of this state.
j. Enroll all drivers in the pull notice system as required by Section 1808.1 of the Vehicle Code.
5. Applicant is authorized to begin operations on the date that the Rail Safety and Carriers Division mails a notice to Applicant that its evidence of insurance and other documents required by Ordering Paragraph 4 have been filed with the Commission and that the CHP has approved the use of Applicant's vehicles for service.
6. 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.
7. The CPCN to operate as a PSC (PSC-8118) granted herein, expires, unless exercised within 120 days after the effective date of this order.
8. Applicant's authority to establish a ZORF may be partially or entirely revoked if the Commission's staff determines that AST does not satisfy the requirements of Pub. Util. Code § 454.2 with respect to the entire route or territory, or any portion thereof, based upon the report filed pursuant to Ordering Paragraph 4, subparagraph b.
9. Application 00-05-006 is closed.
This order is effective today.
Dated , at San Francisco, California.
Appendix PSC-8118 AmericanStar Tours, Inc. Original Title Page
(a corporation)
CERTIFICATE
OF
PUBLIC CONVENIENCE AND NECESSITY
AS A PASSENGER STAGE CORPORATION
PSC-8118
--------------------------------
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-8118 AmericanStar Tours, Inc. Original Page 1
(a corporation)
I N D E X
Page
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS,
LIMITATIONS, AND SPECIFICATIONS 2, 3
SECTION II. ROUTE DESCRIPTIONS 3
Appendix PSC-8118 AmericanStar Tours, Inc. Original Page 2
(a corporation)
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS, LIMITATIONS, AND SPECIFICATIONS.
AmericanStar Tours, 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 and their baggage on a scheduled service and on an "on-call" basis, described in Section II, 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. Scheduled service will be operated only at the designated cities described in Section II. 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 timetable filed with the Commission. The tariffs 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. The term "on-call", as used, refers to service that 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.
Appendix PSC-8118 AmericanStar Tours, Inc. Original Page 3
(a corporation)
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS,
LIMITATIONS, AND SPECIFICATIONS (concluded).
d. "On-call" door-to-door service shall be conducted between any point in San Luis Obispo and northern Santa Barbara Counties only in conjunction with scheduled Routes 1 and 2 described in Section IIB.
e. 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.
SECTION II. ROUTE DESCRIPTIONS.
A. ON-CALL OPERATION
Between any point in San Luis Obispo and northern Santa Barbara Counties, on the one hand, and any point in San Luis Obispo and northern Santa Barbara Counties on scheduled Routes 1 and 2 described in Section IIB, on the other hand.
B. SCHEDULED SERVICE
Route 1 - Santa Barbara/San Francisco
Commencing from any point in the City of Santa Barbara, then over the most convenient streets, expressways, and highways, to Santa Barbara Airport, Buellton/Solvang, (1)Lompoc, Santa Maria, Grover Beach, San Luis Obispo, Cal Poly San Luis Obispo, Atascadero, Paso Robles, King City, Soledad, Salinas, Gilroy, San Jose AMTRAK Station, San Jose International Airport, San Francisco International Airport, San Francisco AMTRAK Station, and then to San Francisco cruise ship terminal.
Appendix PSC-8118 AmericanStar Tours, Inc. Original Page 4
(a corporation)
SECTION II. ROUTE DESCRIPTIONS (concluded).
B. SCHEDULED SERVICE (concluded)
