ALJ/XJV/t93 DRAFT ITEM 4

5/3/2001

Decision DRAFT DECISION OF ALJ VIETH (Mailed 4/2/01

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

The City of St. Helena, Town of Yountville, County of Napa, Napa Valley Vintner Association, Complainants, vs. Napa Valley Wine Train, Inc., Defendant.

Case 88-03-016 (Filed March 7, 1988)

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OPINION GRANTING PETITION FOR MODIFICATION, IN PART

Summary

We grant, in part, the petition filed by the City of St. Helena (St. Helena), for modification of prior decisions concerning the Napa Valley Wine Train, Inc., (Wine Train). We conclude that Wine Train's passenger excursion services do not constitute regulated transportation and in providing such service, Wine Train is not functioning as a public utility. Thus, this Commission should not regulate the schedules and fares for Wine Train's excursion passenger service. While Wine Train's present freight carriage and future "through ticketing" of Amtrak passengers constitute public utility services, the public utility purpose, if any, of the proposed St. Helena station is de minimis. The safety of the operation of all services, including excursion passenger service, remains subject to Commission regulation.