Discussion

The mere filing of a protest does not guarantee an evidentiary hearing. As stated in Rule 44.2 of our Rules of Practice and Procedure:


"The filing of a protest does not insure that an evidentiary hearing will be held. The decision whether or not to hold an evidentiary hearing will be based on the content of the protest."

Thus, we must consider the allegations in the protest before ordering a hearing.

The gravamen of the protest is that the Applicant will duplicate the service of Protestant, thereby causing great financial hardship. It is the established policy of this Commission to favor competition. American Business, Inc., 3 CPUC2d 246 (1980). As stated in American Airport Shuttle, 52 CPUC2d 35, 36 (1993):


"The Commission's policy is that we do not consider monopoly passenger stage service adequate service to the public, and we will not apply Sec. 1032 of the PU Code as a bar to deprive the public of the most innovative, attractive, and agreeable bus service that may potentially exist for its benefits."

In light of this stated policy it is our view that this application should be granted without an evidentiary hearing.

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