Word Document

ALJ/VDR/epg DRAFT CA-7

Decision DRAFT DECISION OF ALJ RYERSON (Mailed 8/30/2000)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of Michael S. Mitchell, Bruce P. Hector, Mickey's Space Ship Shuttle for a certificate of public convenience and necessity to operate as a passenger stage service between certain portions of Los Angeles County and Orange County and Los Angeles International Airport (LAX) and John Wayne Orange County Airport.

Application 92-07-054

(Filed July 23, 1992)

In the Matter of: PREFERRED TRANSPORTATION, INC., dba SuperShuttle, a California corporation, for authority to extend its existing passenger stage certificate (PSC-8937) to include: scheduled service over the most direct routes from points in communities in Orange County, on the one hand, and Los Angeles International Airport and Orange County Airport, on the other hand.

Application 97-11-006

(Filed November 6, 1997)

PCSTC, Inc., dba Pacific Coast Sightseeing Tours, for certificate of public convenience and necessity to operate as passenger stage corporation for scheduled and on-call service over the most direct routes: 1. Between Los Angeles International Airport and John Wayne Airport on the one hand, and places in the communities in Orange County and the other hand; and 2. Between John Wayne Airport in Orange County on the one hand, and places in the communities in Orange County on the other hand. Pursuant to the provisions of Section 1031 et seq. of the Public Utilities Code.

Application 98-03-035

(Filed March 23, 1998)

OPINION ON PETITION TO MODIFY DECISION (D.) 00-06-073

Petitioner Mickey's Space Ship Shuttle (Mickey's) has petitioned for modification of D.00-06-073, claiming that the decision does not grant the authority requested in its application. Specifically, Mickey's asks that we add the following route description to Appendix PSC-5244, Section III, to clarify that it has authority to provide scheduled service from Los Angeles International Airport (LAX) to John Wayne International Airport (SNA) in Orange County:


"Route C. LAX - Orange County


"Commencing from LAX, as described in Section II B1, then over the most convenient streets, expressways, and highways to SNA, as described in Section II B2."

Mickey's asserts that this language is necessary to clarify the decision, because the present Section III only grants authority to operate between Orange County points other than SNA and LAX, and between Orange County points and SNA.

We disagree that modification of the order is necessary to address Mickey's concern. Section II A2, defining the points which Mickey's may serve under scheduled service, Route A, LAX - Orange County, already encompasses SNA. No further authority from this Commission is required to permit Mickey's to provide service at SNA on this route. Of course, the approval of SNA's governing authority may be necessary when Mickey's seeks to establish such service, if it intends to enter upon SNA property.

We will deny the petition to modify D.00-06-073. To the extent that our opinion and order today explain our rationale for denying the request, we expect it to clarify any ambiguity that may exist in the earlier decision and alleviate Mickey's concern.

Comments on Draft Decision

The draft decision of the ALJ Ryerson in this matter was mailed to the parties in accordance with Pub. Util. Code Section 311(g) and Rule 77.7 of the Rules and Practice and Procedure. Comments were filed on ______________, and reply comments were filed on _________________.

Findings of Fact

1. D.00-06-073 already permits Mickey's to operate scheduled service in both directions between LAX, on the one hand, and all Orange County points, including SNA, on the other.

2. Modification of D.00-06-073 is not necessary in order to confer upon Mickey's the authority it seeks.

Conclusion of Law

Mickey's petition to modify D.00-0-073 should be denied.

ORDER

IT IS ORDERED that the petition of Mickey's Space Ship Shuttle for modification of Decision 00-06-073 in this proceeding is denied.

This order is effective today.

Dated , at San Francisco, California.

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