Comments on Draft Decision
The draft decision of ALJ Ryerson in this matter was mailed to the parties in accordance with Pub. Util. Code Section 311(g)(d) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on ___________, and reply comments were filed on _______________.
1. Sea Planes is a startup company that presently operates no vessel common carrier services. It currently has operating authority (VCC 85) to operate vessel common carrier service between Santa Barbara, Marina Del Rey, San Diego, and intermediate points along the Southern California coast.
2. There is a public need for the service proposed by Sea Planes in this application.
3. Sea Planes is operationally fit to provide the service.
4. Sea Planes is financially fit to provide the service.
5. Two years is a reasonable period for exercise of the requested operating authority. This period would allow Sea Planes to capitalize its company, secure vessels to provide the service, and make necessary terminal arrangements for its operations.
1. Sea Planes' application to amend its CPCN as set forth in the application should be approved, subject to terms and conditions set forth in the Order.
2. A. 01-02-028 should be closed.
IT IS ORDERED that:
1. The certificate of public convenience and necessity (CPCN) of Sea Planes, Inc. (Applicant), a corporation, authorizing it to operate as a vessel common carrier (VCC), as defined in Pub. Util. Code § 238, to transport persons and their baggage, between the points and over the route set forth in Appendix VCC-85, is amended, subject to the conditions contained in the following paragraphs.
2. Applicant shall:
a. File a written acceptance of this amendment to its certificate within 30 days after this order is effective.
b. Establish the authorized service and file tariffs and timetables on or before September 1, 2003.
c. File tariffs on or after the effective date of this order. They shall become effective ten days or more after the effective date of this order, provided that the Commission and the public are given not less than ten days' notice.
d. Comply with General Orders Series 87, 104, and 111, and 117.
e. Maintain accounting records in conformity with the Uniform System of Accounts.
f. Remit to the Commission the Transportation Reimbursement Fee required by Pub. Util. Code § 423 when notified by mail to do so.
g. Comply with all lawful local land use ordinances and regulations, and all lawful ordinances and regulations governing the use of harbors and docking facilities.
3. Applicant shall comply with all the rules, regulations, and requirements of the United States Coast Guard, including applicable Vessel Traffic System requirements, in the operation of the service authorized in Ordering Paragraph 1.
4. Applicant is authorized to begin operations on the date that the Rail Safety and Carriers Division mails a notice to the Applicant that its evidence of insurance and other documents required by Ordering Paragraph 2 have been filed with the Commission.
5. The amendment of Applicant's CPCN to operate as a VCC-85 granted herein expires, unless exercised on or before September 1, 2003.
6. The Application, as amended by Applicant's Supplement to Application, granted as set forth above.
7. The protest of Catalina Channel Express, Inc. is denied.
This order is effective today.
Dated , at San Francisco, California.
