Discussion

The production of information through the Commission's data request procedure is important, not just to protestants in the production of their testimony, but also to the Commission in weighing the financial, fitness, safety and other factors relevant to the authority requested by Silverado. At the same time, protestants are not given a "blank check" to request all information that might be available from the applicant, as this may unnecessarily delay the proceeding. Accordingly, the assigned ALJ must provide guidance to parties regarding data requests, and direct that certain data be provided in a timely fashion.

In this instance, I have reviewed each of the items requested and determined that some of the information requested may have relevance to the Application. Therefore, I am directing Silverado to provide information on the following items:

A. Items (1) and (2) Silverado shall provide its financial statements for 2002 and 2003. If Silverado determines that this information is confidential, it may file a motion to protect the information under protective order. I will then issue a ruling providing a protective order agreement for any party that desires the information. I am not directing Silverado to provide Corporate Tax Returns at this time, as further discussed below.

B. Item (4) Silverado shall provide a list of actions pending or settlements with the State Labor Board.

C. Item (6) Silverado shall provide copies of previous CHP inspection reports.

If Airbus continues to believe that the information that has been exempted, including the 2002 and 2003 Corporate Tax Returns, and the list of lawsuits pending or settlements during the last five years, is relevant to production of its testimony, Airbus has the burden to explain why it needs this information, and why this information is relevant to production of its testimony.

Silverado is expected to produce the information detailed above in a timely fashion, including any motions for protection of confidential data. Failure to produce the information may unnecessarily delay the Application.

Therefore, IT IS RULED that:

1. Silverado Stages Inc. (Silverado) shall provide the information described above in a timely fashion.

2. Silverado may file a motion for protection of any confidential information.

3. Santa Barbara Airbus has the burden to demonstrate that any information exempted by this ruling is relevant to production of its testimony, and should be provided.

Dated January 18, 2005, at San Francisco, California.

		/s/ BRUCE DEBERRY
		Bruce DeBerry Administrative Law Judge

CERTIFICATE OF SERVICE

I certify that I have by mail, and by electronic mail to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Administrative Law Judge's Ruling Directing Silverado Stages Inc. to Produce Certain Information on all parties of record in this proceeding or their attorneys of record.

Dated January 18, 2005, at San Francisco, California.

/s/ FANNIE SID

Fannie Sid

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.