D. Comments on Draft Decision
The draft decision of the ALJ 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. No comments were filed.
1. Applicants propose to offer expanded service between points in southern California on the one hand, and ONT, SNA, LGB, the Los Angeles AMTRAK train station, and the Los Angeles and Long Beach harbors, and other specific points, on the other hand, and to offer on-call service in the counties of San Bernardino and Riverside.
2. Applicants will operate in a very competitive environment and require the ability to change fares in response to that competition within certain parameters.
3. Applicants currently possess licenses to conduct operations between certain points in Southern California and LAX.
4. Applicants' operations for the recorded year 2000 show financial fitness.
5. Applicant requests authority to establish a ZORF and the proposed fares as shown in Exhibit A, attached to the application.
6. The protest states policy concerns but does not cast doubt on applicants' showing.
1. Applicants are already licensed by this Commission.
2. Applicants have demonstrated that this proposed service is in the public interest.
3. Applicants should be granted a certificate of public convenience as requested.
4. The protest should be denied.
5. The request for a ZORF and the proposed rates should be granted.
6. Before applicants changes any fares under the ZORF authorized below, applicants shall give this Commission at least 10 days' notice. The filing of ZORF fares should be shown in the tariff showing between each pair of service points the high and low ends of the ZORF and the then currently effective fare.
IT IS ORDERED that:
1. The certificate of public convenience and necessity (CPCN) granted to Rideshare Port Management, L.L.C. (Applicant and RPM), a limited liability company, authorizing it to operate as a passenger stage corporation (PSC), as defined in Pub. Util. Code § 226, to transport persons and their baggage, between the points and over the routes set forth in Appendix PSC-11415 of Decision 99-04-050, is amended by replacing Original Page 3 with First Revised Page 3 (following), subject to the conditions contained in Ordering Paragraph 3.
2. The CPCN granted to AMRAT, Inc. (Applicant and AMRAT), a corporation, authorizing it to operate as a PSC, as defined in Pub. Util. Code § 226, to transport persons and their baggage, between the points and over the routes set forth in Appendix PSC-10811 of D 99-05-033, is amended by replacing Original Page 3 with First Revised Page 3 (following), subject to the conditions contained in Ordering Paragraph 3:
3. Applicant shall:
a. File a written acceptance of this certificate within 30 days after this order is effective.
b. Establish the authorized service and file tariffs and timetables within 120 days after this order is effective.
c. File tariffs on or after the effective date of this order. They shall become effective ten days or more after the effective date of this order, provided that the Commission and the public are given not less than ten days' notice.
d. Comply with General Orders (GO) Series 101, 104, and 158, and the California Highway Patrol (CHP) safety rules.
e. Comply with the controlled substance and alcohol testing certification program pursuant to Pub. Util. Code § 1032.1 and GO Series 158.
f. Continue to maintain accounting records in conformity with the Uniform System of Accounts.
g. Remit to the Commission the Transportation Reimbursement Fee required by Pub. Util. Code § 423 when notified by mail to do so.
h. Comply with Pub. Util. Code §§ 460.7 and 1043, relating to the Workers' Compensation laws of this state.
i. Enroll all drivers in the pull notice system as required by Section 1808.1 of the Vehicle Code
4. Applicants are authorized under Pub. Util. Code § 454.2 to establish a zone of rate freedom (ZORF) and the rates shown in Exhibit A, attached to the application.
5. Applicants are authorized under Pub. Util. Code § 454.2 to establish a ZORF of $10 above and below any of the proposed fares shown in Exhibit A, attached to the application. The minimum one-way adult fare is $5.
6. Applicants shall file a 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 order.
7. Applicants may make changes within the ZORF by filing amended tariffs on not less than 10 days' notice to the Commission and to the public. The tariff shall include between each pair of service points the authorized maximum and minimum fares and the fare to be charged.
8. Applicants shall file tariffs on or after the effective date of this order. They shall become effective ten days or more after the effective date of this order, provided that the Commission and the public are given not less than ten days' notice.
9. In addition to posting and filing tariffs, Applicants 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.
10. Before beginning service to any airport, Applicants shall notify the airport's governing body. Applicants shall not operate into or on airport property unless the airport's governing body authorizes such operations.
11. The CPCN to operate that are granted herein shall expire unless exercised within 120 days after the effective date of this order.
12. The application is granted as set forth above.
13. This proceeding is closed.
This order is effective today.
Dated September 19, 2002, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
CARL W. WOOD
GEOFFREY F. BROWN
MICHAEL R. PEEVEY
Commissioners
Appendix PSC-10811 Amrat, Inc. First Revised Page 3
(a corporation) Cancels
Original Page 3
SECTION II. SERVICE AREAS.
A. 1. All points within the geographical limits of Los Angeles and Orange Counties and all points within the cities of Ventura, Simi Valley, Fillmore, Thousand Oaks, Oxnard, Ojai, Moorpark, Camarillo, Port Hueneme, and Santa Paula, in Ventura county.
2. Any point or place in the Counties of *San Bernardino and *Riverside.
B. Los Angeles International Airport (LAX).
Burbank Airport (BUR).
Long Beach Municipal Airport (LB).
Ontario International Airport (ONT).
John Wayne Airport (SNA).
Los Angeles AMTRAK Union Station.
Los Angeles and Long Beach Harbors.
SECTION III. ROUTE DESCRIPTIONS.
ON-CALL SERVICE
Route 1 Los Angeles/Orange -Airports, Harbors, Rail Stations
Commencing from any point or place, as described in Section IIA1, then over the most convenient streets, expressways, and highways to any point, described in Section IIB.
*Route 2-San Bernardino/Riverside - Airports, Harbors, Rail Stations
Commencing from any point or place, as described in Section IIA2, then over the most convenient streets, expressways, and highways to any point, described in Section IIB, except LAX.
Appendix PSC-11415 Rideshare Port Management, LLC First Revised Page 3
(a limited liability company) Cancels
Original Page 3
SECTION II. SERVICE AREAS.
A. Within the geographical limits of Los Angeles, Orange, Riverside, San Bernardino, and Ventura.
B. Los Angeles International Airport (LAX).
*Burbank Airport (BUR).
*Long Beach Municipal Airport (LB).
*Ontario International Airport (ONT).
*John Wayne Airport (SNA).
*Los Angeles AMTRAK Union Station.
*Los Angeles and Long Beach Harbors.
SECTION III. ROUTE DESCRIPTIONS.
Commencing from any point or place, as described in Section IIA, then over the most convenient streets, expressways, and highways to any point, described in Section *IIB.
