ALJ/JLG/avs Mailed 11/9/2001

Decision 01-11-015 November 8, 2001

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Prototype Engineering, Inc., to transfer control of its passenger stage authority PSC-9025, pursuant to the provisions of § 851, et seq. of the California Public Utilities Code, to Polytech Enterprises, LLC, and to establish a Zone of Rate Freedom (ZORF) under § 454.2 of the Public Utilities Code.

Application 01-01-025 (Filed January 17, 2001)

OPINION

A. Summary

This decision grants the application to transfer a passenger stage corporation (PSC) certificate from Prototype Engineering, Inc. dba Shuttle 2000 (Transferor), a limited liability company, to Polytech Enterprises, LLC (Transferee), a limited liability company, under Pub. Util. Code § 851 et seq. Transferor filed this Application to seek Commission approval, on a nunc pro tunc basis, of the transfer of control of Transferor's PSC authority to Transferee. Nunc pro tunc approval is not available; however, in this instance, the transfer meets the limited Pub. Util. Code § 853 exemption. The timing of the transfer was not within the control of Transferor and Transferee and there was no attempt to subvert the authority of the Commission. We exempt the transfer from review but caution future applicants that § 853 treatment is available only in extraordinary circumstances and that we will decline to authorize transfers where the timing of the transfer is within the control of the applicant.

Transferee is authorized to establish a Zone of Rate Freedom (ZORF), pursuant to Pub. Util. Code § 454.2.