Discussion
The application requests authority to operate as an on-call PSC to transport passengers and their baggage between points in Orange County and John Wayne Airport (SNA).1 Applicant desires to offer the public a dependable, quality transportation service at reasonable fares. He believes there is a need for such service in view of the expansion of facilities and addition of new airlines at SNA. Applicant hopes to draw travelers who do not wish to pay the higher cost of a taxicab or luxury limousine service.
Transportation will be provided seven days per week, 24 hours a day using five new or late model seven-passenger vans. Applicant's employees will service and maintain the vehicles with the assistance of outside firms for major repairs as necessary. Attached to the application as Exhibit C is Applicant's unaudited balance sheet as of July 30, 2005, that discloses assets of $304,000, liabilities of $64,300, and net worth of $239,700. The proposed one-way fares to and from SNA, as listed in Exhibit B of the application, range between $18 (Costa Mesa) and $35 (San Clemente).
Notice of filing of the application appeared in the Commission's Daily Calendar on September 14, 2005. Applicant served a notice of the application to Orange County, the involved cities, SNA, and the transit agency in the service area.
In Resolution ALJ 176-3159 dated September 22, 2005, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protest has been received. Given this status, public hearing is not necessary, and it is not necessary to alter the preliminary determinations made in Resolution ALJ 176-3159.
This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.
Assignment of Proceeding
Richard Clark is the assigned Examiner in this proceeding.
1. The application requests authority to operate as an on-call PSC to transport passengers and their baggage between points in Orange County and SNA.
2. Public convenience and necessity requires the proposed service.
3. No protest to the application has been filed.
4. A public hearing is not necessary.
5. It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
1. Public convenience and necessity has been demonstrated and the application should be granted.
2. Since the matter is uncontested, the decision should be effective on the date it is signed.
3. Only the amount paid to the State for operative rights may be used in rate fixing. The State may grant any number of rights and may cancel or modify the monopoly feature of these rights at any time.
ORDER
IT IS ORDERED that:
1. A certificate of public convenience and necessity (CPCN) is granted to Shabnam Tajmiri (Applicant), an individual, authorizing him to operate as a passenger stage corporation (PSC), as defined in Pub. Util. Code § 226, to transport passengers and their baggage between the points and over the routes set forth in Appendix PSC-19551, subject to the conditions contained in the following paragraphs.
2. 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 Series 101 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 General Order Series 158.
f. Remit to the Commission the Transportation Reimbursement Fee required by Pub. Util. Code § 423 when notified by mail to do so.
g. Comply with Pub. Util. Code §§ 460.7 and 1043, relating to the Workers' Compensation laws of this state.
h. Enroll all drivers in the pull notice system as required by Vehicle Code § 1808.1.
3. Applicant is authorized to begin operations on the date that the Consumer Protection and Safety Division mails a notice to Applicant that his evidence of insurance and other documents required by Ordering Paragraph 2 have been filed with the Commission and that the CHP has approved the use of Applicant's vehicles for service.
4. Before beginning service to any airport, Applicant shall notify the airport's governing body. Applicant shall not operate into or on airport property unless such operations are authorized by the airport's governing body.
5. The CPCN to operate as PSC-19551, granted herein, expires unless exercised within 120 days after the effective date of this order.
6. The Application is granted as set forth above.
7. This proceeding is closed.
This order is effective today.
Dated February 15, 2007, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
Commissioners
Appendix PSC-19551 Shabnam Tajmiri Original Title Page
(an individual)
CERTIFICATE
OF
PUBLIC CONVENIENCE AND NECESSITY
AS A PASSENGER STAGE CORPORATION
PSC-19551
-------------------------------
Showing passenger stage operative rights, restrictions,
limitations, exceptions, and privileges
-------------------------------
All changes and amendments as authorized by
the Public Utilities Commission of the State of California
will be made as revised pages or added original pages.
-------------------------------
Appendix PSC-19551 Shabnam Tajmiri Original Page 1
(an individual)
I N D E X
Page
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS,
LIMITATIONS, AND SPECIFICATIONS 2
SECTION II. SERVICE AREA 3
SECTION III. ROUTE DESCRIPTION 3
Appendix PSC-19551 Shabnam Tajmiri Original Page 2
(an individual)
SECTION I. GENERAL AUTHORIZATIONS, RESTRICTIONS, LIMITATIONS, AND SPECIFICATIONS.
Shabnam Tajmiri, an individual, by the certificate of public convenience and necessity granted by the decision noted in the foot of the margin, is authorized to transport passengers and their baggage on an "on-call" basis between the points described in Section II, over the routes described in Section III, subject, however, to the authority of this Commission to change or modify this authority at any time and subject to the following provisions:
A. When a route description is given in one direction, it applies to operation in either direction unless otherwise indicated.
B. The term "on-call," as used, refers to service which is authorized to be rendered dependent on the demands of passengers. The tariffs shall show the conditions under which each authorized on-call service will be provided, and shall include the description of the boundary of each fare zone, except when a single fare is charged to all points within a single incorporated city.
C. No passengers shall be transported except those having a point of origin or destination as described in Section IIB.
D. This certificate does not authorize the holder to conduct any operation on the property of any airport unless such operation is authorized by the airport authority involved.
Appendix PSC-19551 Shabnam Tajmiri Original Page 3
(an individual)
SECTION II. SERVICE AREA.
A. All points in Orange County.
B. John Wayne Airport (SNA).
SECTION III. ROUTE DESCRIPTION
Commencing from any point described in Section IIA, then over the most convenient streets and highways to John Wayne Airport.
1 After filing the application Applicant expressed interest in adding Long Beach Airport as a service point. Applicant was advised that he would need to amend the application and was told how to complete that process. Applicant was given ample time to file an amendment, but he failed to do so.
