Assignment of Proceeding

Susan P. Kennedy is the Assigned Commissioner and Glen Walker is the assigned ALJ in this proceeding.

Findings of Fact

1. D.03-07-036 must be modified to comply with the express provisions of relevant statutes and to continue to require that hot air balloon operators provide the same level of insurance as provided by GO 120-C until there has been a public hearing.

Conclusions of Law

1. D.03-07-036 should be modified and reissued, as delineated herein.

2. The assigned ALJ should be directed to set a prehearing conference no later than August 8, 2003, and to promptly convene public hearings to consider the issues addressed herein and to allow for full consideration of the insurance requirements applicable to hot air balloon operators set forth in GO 120-C.

3. Public necessity requires the waiver of a comment period on this decision.

4. This order should be effective today in order to allow D.03-07-036 to be modified expeditiously.

INTERIM ORDER

IT IS ORDERED that:

1. Decision (D.) 03-07-036 is modified by today's decision. D.03-07-036, as modified, is attached and shall be filed and served on the service list and supplemental service list to this proceeding.

2. The assigned Administrative Law Judge is directed to hold a prehearing conference no later than August 8, 2003 and to promptly convene hearings in this application and in Petition (P.) 03-05-040 to fully consider the proposed amendment of General Order 120-C.

This order is effective today.

Dated July 22, 2003, at San Francisco, California.

ATTACHMENT

ALJ/GEW/k47

Decision 03-07-036 as modified by Decision 03-07-047

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application for Ex Parte Approval of an Interim Alternative Plan for Protection of the Public Pursuant to General Order 120-C, Sections 3(E) and 6.

Application 03-05-039

(Filed May 30, 2003)

Petition to Adopt, Amend, or Repeal a Regulation Pursuant to Public Utilities Code Section 1708.5.

Petition 03-05-040

(Filed May 30, 2003)

INTERIM DECISION GRANTING RELIEF TO MANNED BALLOON OPERATORS PENDING FULL HEARINGS ON THE ISSUES

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