VIII. Approval of the Executive Director

Applicants seek approval of this application by the Executive Director on an ex parte basis. Although D.98-10-031 authorizes SuperShuttle San Francisco and its affiliates to use the Commission's advice letter procedures when seeking permission to transfer assets or control between affiliates,¹³ applicants acknowledge that the advice letter process is unavailable in this instance because VTOD and other subsidiaries of Veolia Transportation do not possess a California PSC. Hence, they seek approval by the Executive Director. However, applicants cite no authority for the Executive Director to approve this transfer of control.

The Commission has delegated authority to the Executive Director for approval of certain transfer applications. However, the declaration covers only those instances where a transfer is from a California certificated entity to another California certificated carrier.¹⁴ This transfer does not qualify for approval by the Executive Director because VTOD is not a California certificated entity.

¹³ Similar authority has been granted for non-dominant telecommunications carriers by D.94-05-051, D.98-07-094 and D.04-10-038.

¹⁴ Compare, for example, D.87-10-035, 25 CPUC 2d 459 at 462 (1987).