City of St. Helena v. Public Utilities Commn.

Full title: CITY OF ST. HELENA, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent;

Court: California Court of Appeals, First District, Fourth Division

Date published: Jun 21, 2004

No. A104466 (Cal. Ct. App. Jun. 21, 2004)

Opinion

Page 590j

120 Cal.App.4th 590j __ Cal.Rptr.3d __ CITY OF ST. HELENA, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; NAPA VALLEY WINE TRAIN, INC., Real Party in Interest. A104466 California Court of Appeal, First District, Fourth Division June 21, 2004

PUC Dec. Nos. 99-08-018, 03-01-042, 03-10-024, 03-10-025.

ORDER MODIFYING OPINION AND DENYING REHEARING,NO CHANGE IN JUDGMENT.

THE COURT:

Kay, P.J.

It is ordered that the opinion filed herein on June 21, 2004, 119 Cal.App.4th 793; 14 Cal.Rptr.3d 713 be modified as follows:

At the end of the second full paragraph on page 14, add as footnote 7:

7. In petitions for rehearing, the Wine Train and PUC urge us to remand the cause to the Commission “to refresh and update the factual record” which, it is claimed, contains stale information. Our decision is based on the record before us and we decline to do so. However, we acknowledge that nothing in this opinion precludes the Wine Train from applying for public utility status based upon new facts, if any, relating to the issue of “transportation” consistent with this opinion.

There is no change in the judgment.

The petitions for rehearing are denied.