Summary
This decision grants the application of Getayalew Mengesha Tegene (Applicant), an individual, pursuant to Pub. Util. Code § 1031 et seq., for a certificate of public convenience and necessity to operate as a passenger stage corporation (PSC), as defined in Pub. Util. Code § 226, and to establish a zone of rate freedom (ZORF) pursuant to Pub. Util. Code § 454.2.
Discussion
Applicant requests authority to operate as an on-call PSC to transport passengers and their baggage between points and places in San Francisco, Alameda, Contra Costa, Santa Clara, Solano, Marin and San Mateo Counties, on the one hand, and the San Francisco (SFO), Oakland (OAK), and San Jose (SJC), International Airports, on the other hand. Applicant currently operates one 7-passenger van under his charter party permit, TCP-16174. He states he is financially able to acquire additional units to meet the public's transportation requirements. Exhibit E of the application is an unaudited balance sheet as of May 13, 2003, that discloses assets of $707,000, consisting primarily of real estate, and no liabilities.
The proposed fares as listed in Exhibit C of the application range between $20 (San Leandro – OAK) and $95 (Half Moon Bay – OAK). Applicant requests authority to establish a ZORF of $10 above and below the proposed fares of $20 and under, and $15 above and below the proposed fares of $21 and above. The minimum fare will be $6. Applicant will compete with other PSCs, taxicabs, limousines, buses, and automobiles in his service area. This highly competitive environment should result in Applicant pricing his services at a reasonable level. Many other PSCs have been granted ZORFs. The requested ZORF is generally consistent with the ZORFs held by other PSCs.
Notice of filing of the application appeared in the Commission’s Daily Calendar on May 16, 2003. Applicant requests a waiver from the provisions of Rule 21 of the Commission‘s Rules of Practice and Procedure which require service of a notice of the application on all city and county officials within whose boundaries the passengers will be loaded or unloaded. Applicant served a notice to the seven involved counties, 20 cities, the affected airports and public transit operators in the service area. Applicant states that all parties that have an interest in Commission proceedings subscribe to or have access to the Commission’s Daily Calendar. We shall exercise the discretion accorded to us by Rule 87 and grant the waiver requested by Applicant because he will be providing on-call service, not scheduled service, and service on all cities in the service territory would be burdensome.
In Resolution ALJ 176-3113 dated May 22, 2003, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protest has been received. Given this status, public hearing is not necessary, and it is not necessary to alter the preliminary determinations made in Resolution ALJ 176-3113.
This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.
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