ALJ/GEW/k47 Mailed 7/23/2003
Decision 03-07-047 July 22, 2003
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 ADOPTING MODIFICATIONS TO DECISION 03-07-036
At our meeting on July 10, 2003, we approved Decision (D.) 03-07-036, and also agreed to reconsider that action at a continuation meeting on July 22, 2003. In this decision, we modify D.03-07-036 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 General Order (GO) 120-C until there has been a public hearing.
Based on the methods provided by statute, by which a hot air balloon operator can provide protection against liability, we have modified D.03-07-036 to ensure that the hot air balloon operators comply with these provisions regarding how proof of insurance may be filed and the amount of insurance that must be maintained. We emphasize that the relief accorded applicants is an interim measure that may change as we proceed with Petition (P.) 03-05-040, the petition to amend GO 120-C.
We direct the assigned Administrative Law Judge to promptly set a Prehearing Conference no later than August 8, 2003 and to promptly schedule evidentiary hearings to address these issues and to allow for full consideration of the insurance requirements applicable to hot air balloon operators set forth in the GO.
Today's decision modifies D.03-07-036. D.03-07-036, as modified by today's decision is attached.
Waiver of Comment Period
Pursuant to Pub. Util. Code § 1701 and Rule 77.7(f)(9) of the Rules of Practice and Procedure, on our own motion, we find that public necessity requires the waiver of the 30-day period for public review and comment on this decision. We note that D.03-07-036 was subject to comment. Here the public interest in adopting a decision without a comment period clearly outweighs the public interest in allowing a comment and review period, in order to allow for the prompt modification of the interim decision, so that the decision complies with the express provisions of the relevant statutes and to continue to require hot air balloon operators to provide the same level of insurance required by GO 120-C until there have been public hearings.
