65 Cal. 2d 811 | Cal. | 1967
— Pétitioner, Greyhound Lines, Inc., is a passenger stage corporation as defined in section 226 of the Public Utilities Code.
Following hearings the commission issued its order directing petitioner to institute peak-hour commutation service between (1) the cities of Concord and San Francisco along portions of Ygnacio Valley Road and Oak Grove Road, and (2) the cities of San Bruno and San Francisco via Skyline Boulevard. As will appear, we have concluded that the order should be annulled for lack of the separately stated findings on all material issues required by section 1705.
As emphasized in California Motor Transport (59 Cal.2d at pp. 274-275), such findings afford a rational basis for judicial review and assist the reviewing court to ascertain the principles relied upon by the commission and to determine whether it acted arbitrarily, as well as assist parties to know why the case was lost and to prepare for rehearing or review, assist others planning activities involving similar questions, and serve to help the commission avoid careless or arbitrary action. (See also Pacific Tel. & Tel. Co. v. Public Utilities Com. (1965) 62 Cal.2d 634, 648 [44 Cal.Rptr. 1, 401 P.2d 353].)
Furthermore, the commission’s decision in this case discloses that there were other material issues on which evidence was introduced, such as whether the two new routes are beyond petitioner’s dedication of its property to public use and thus beyond the jurisdiction of the commission to order petitioner to serve, and whether commutation service on either of such routes would pay its way or would be a losing operation imposed on petitioner. However, the decision contains no findings separately stated thereon. (See Associated Freight Lines v. Public Utilities Com., supra (1963) 59 Cal.2d 583.)
Inasmuch as the commission did not regularly pursue its
The order is annulled.
Traynor, C. J., McComb, J., Peters, J., Tobriner, J., Mosk, J., and Sullivan, J., concurred.
AII section references are to the Public Utilities Code, unless otherwise stated.
Seetion 1705 in pertinent part: "... the commission shall make and file its order, containing its decision. The decision shall contain, sepa
We do not know whether the finding of public interest is intended as the equivalent of a finding of public convenience and necessity.