Decision 00-11-017 November 2, 2000
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
AIRPORTER, INC., doing business as SANTA ROSA AIRPORTER, Passenger Stage Certificate #9023, Complainant, vs. SONOMA COUNTY AIRPORT EXPRESS, INC., doing business as AIRPORT EXPRESS, Passenger State Certificate #1120, Defendant. |
Case 99-08-001 (Filed August 3, 1999) |
ORDER DENYING REHEARING OF DECISION 00-07-051
I. INTRODUCTION
This matter began when Sonoma County Airport Express (Express) filed an application (Application (A.) 98-07-061) to provide service throughout the City of Santa Rosa and the Santa Rosa Airport, on the one hand, and the San Francisco International Airport, on the other hand. Airport Inc., doing business as Santa Rosa Airporter (Airporter), protested A.98-07-061 and also filed a complaint (Case (C.) 98-08-044) alleging that Express was operating beyond the scope of its authority. In Decision (D.) 99-02-068, we accepted separate stipulations between Express and Airporter and between Express and the City of Santa Rosa that resolved the application and the complaint matters. Under the terms of the stipulations, Express was only permitted to operate at Hotel La Rose through July 31, 1999.
Airporter subsequently filed the present complaint (C.99-08-001) alleging that Express continued to operate at the Hotel La Rose beyond the July 31, 1999 deadline in violation of D.99-02-068. Subsequently, in D.00-07-051 (the Decision) we found that Express had continued to operate at Hotel La Rose through September 21, 1999, 52 days after it was required to cease that service. (D.00-07-051, p. 4.) As a result, we penalized Express in the amount of $500 per each day of violation, or $26,000. (Id., p. 15.) We also found that Express had unlawfully continued to operate between September 22 and November 16, 1999 from what it refers to as Fifth and Davis Streets, a location within 200 feet of the Hotel La Rose. (Id., pp. 5-7.) We therefore imposed an additional fine in the amount of $500 for each of those 56 days, for a total of $28,000. (Id., p. 16.) This resulted in a combined fine of $54,000. In recognition of the size of the company's operations, we allowed Express to pay the fine in three monthly installments. (Id.)
An application for rehearing of D.00-07-051 was timely filed by Express on August 24, 2000. In its application, Express submits three bases for rehearing. (Application for Rehearing, p. 2.) First, Express reasserts its claim that it did not violate our orders when it resumed service at Fifth and Davis streets. Second, it challenges our decision to deny its request for the entry on the record of its financial information in its Petition To Set Aside Submission. Third, it requests that we vacate the Decision based on its claim that the Administrative Law Judge (ALJ) assigned to this matter was biased and prejudiced against Express. Additionally, Express requests that the Decision be set aside so that Express can present oral argument.
Airporter filed its response to Express' application for rehearing on September 8, 2000. It contends that the record in this matter fully supports the Decision's findings and the imposed penalty.
