Background
Silverado filed A.04-07-033 on July 15, 2004. The Application was timely protested by Central Coast Shuttle, Inc. and Airbus. A letter of objection to the Application was received from American Star Tours on August 24, 2004. At a prehearing conference on November 8, 2004, the assigned Administrative Law Judge (ALJ) noted the importance of responding to data requests from protestants in a timely fashion, and if the requests involved confidential information, Silverado could file a motion to request protection of that information.
On January 11, 2005, the ALJ received a letter from Airbus requesting the timely production by Silverado of certain information not already provided. Airbus also requested a delay in the submissions and schedule for the proceeding, if the requested information is not timely provided. Attached to Airbus's January 11, 2005 letter is a data request from Airbus to Silverado, dated December 9, 2004, requesting the following:
1. 2002 - Corporate Tax Returns, Audited Financial Statements.
2. 2003 - Corporate Tax Returns, Audited Financial Statements.
3. 2004 - Most Current Complete Financials
4. List of lawsuits pending or settlements for the last five years.
5. List of actions pending or settlement with the State Labor Board.
6. Copies of the last three years California Highway Patrol (CHP) inspection reports.
7. Passenger volume projections on proposed service (detailed as to origination and destination of passengers along with fare yield).
Airbus requested that the data be provided by January 10, 2005, in order that Airbus can complete its testimony.1
Also attached to Airbus's January 10, 2005 letter is a January 4, 2005 response by Silverado providing portions of the requested information. Silverado states that items (1) and (2) (see item list above) are irrelevant to the proceeding and contain confidential information, and that items (4) and (5) are irrelevant to the proceeding and are not being provided. In response to item (6) Silverado provided the most current CHP inspection report only. Silverado did provide responses to items (3) and (7).
1 Under the Assigned Commissioner's Scoping Memo, dated November 22, 2004, protesting parties' testimony is due February 7, 2005.
