Relief Requested by Petitioner
St. Helena asks us to modify D.96-11-024, the rehearing decision, in two respects:
2 Unless otherwise indicated, all subsequent citations to sections refer to the Public Utilities Code, and all subsequent citations to rules refer to the Rules of Practice and Procedure, which are codified at Chapter 1, Division 1 of Title 20 of the California Code of Regulations. 3 Ordering Paragraph 1 of D.96-11-024 actually replaces the entirety of the third paragraph of page 13, not just the first sentence.1. Delete the several pages of textual discussion of Commission jurisdictional authority subtitled "Paramount Jurisdiction" and substitute in its place several paragraphs which St. Helena has included in the petition. The language St. Helena proposes would make two determinations: (a) Wine Train's service is an excursion service which does not constitute "transportation" under Pub. Util. Code §211 and thus, (b) Wine Train is not a public utility under §216.2
2. Delete the language in Ordering Paragraph 1 (which expressly modifies D.96-06-060 [at mimeo. page 13, third paragraph, first sentence3]) and substitute in its place two sentences that St. Helena endorses. St. Helena's proposed replacement states:
Considering the nonutility nature of the Wine Trains' operations, we view our authority in this proceeding limited to our role as the lead agency for environmental review. Thus, local agencies will have paramount jurisdiction over land use and other matters of local concern. (Petition, p. 3.)
