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OST-98-4604

The Communities of the Virginia Peninsula

OST-98-4604	October 20, 1998	Application for an Exemption Application for an Exemption	High Density Rule, Newport News/Hampton-OHare
	Added 10/21	Service List
		Exhibit 1:  The Virginia Peninsula Parties
		Exhibit 2:  Slots Requested
		PHF Geographical Attributes
		ORF/RIC/PHF Passenger Traffic Statistics
		Major Area Employers
		MSA Growth Figures '90-'95
		VA Retail Sales Report '92
		VA Economic Growth Indicators
		ATL O&D Passenger Share By Composite Airport (ORF, PHF, & RIC)
		Newport News - Williamsburg O&D Traffic Growth
		Population Growth Projections - VA Peninsula and Southside
		PHF-ORD O&D/P&L Forecast - 3X Daily CRJ Service

The Parties ask that the Department award slots so that United Express, American Eagle or another airline can start service Between O'Hare and Newport News/Williamsburg International Airport. If the slots are awarded to Newport News/Williamsburg International Airport, the civic and corporate Parties know that they can support service and not have to worry about having the slots transferred to other markets.

Counsel:  Ungaretti Harris, Edward Faberman, 202-778-4460

Communities of the Virginia Peninsula

OST-98-4604

November 2, 1998

Answer of Atlantic Coast Airlines

High Density Rule, Chicago O'Hare

It would be grossly unfair to the Savannah/Hilton Head communities, which along with ACA, filed for relief from the High Density Airport Rule four months before the Virginia Parties acted to request similar relief were the Department to delay considering the merits of ACA's application or otherwise proceeding by giving comparative consideration to both requests. While ACA believes that any such comparative proceeding would demonstrate that service between Savannah/Hilton and O'Hare would generate greater public benefits than would service from Newport News/Williamsburg, it would nonetheless be inequitable not to first consider the application of those that were first to make a request for O'Hare access. DOT evaluation of subsequently filed applications should only be considered by the Department when the subsequent applicant makes a timely request for consolidation. Alternatively, the Virginia Parties should have answered the ACA application to the extent it objected to the grant of an exemption to permit ACA to provide regional jet service in the Savannah/Hilton Head O'Hare market. The Virginia Parties did neither.

Counsel:  Bagileo Silverberg, Robert Silverberg, 202-944-3300

The Communities of the Virginia Peninsula

OST-98-4604

November 4, 1998

Answer of United Air Lines

Nonstop Service to Chicago O'Hare

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United appreciates Newport News' desire for access to O'Hare. The instant application. however, cannot succeed in meeting that need. On both legal and policy grounds, the Department cannot find that the request of Newport News satisfies the standards of the authorizing legislation or of the important policy determinations that must accompany decisions to grant access to O'Hare under exceptional circumstances. On the basis of the foregoing, therefore, the application cannot be granted.

Counsel:  United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com

The Communities of The Virginia Peninsula

OST-98-4604	November 12, 1998	Response of The Communities of The Virginia Peninsula	High Density Rule, Chicago O'Hare
		Exhibit A:  PHF-ORD Forecast/Cost Forecast

By taking the action requested, the Department will be taking a giant step to bring the benefits of its policies to small and medium communities and will be helping the Virginia Peninsula determine its future. Such an action would provide the Virginia Peninsula with the engine of economic growth and job creation. Without Department action, those local efforts may stall. United states that awarding this exemption "would be to turn the clock back on deregulation." To the contrary, allowing one or two carriers to decide which communities will get competitive service will turn the clock back on deregulation.

Counsel:  Ungaretti Harris, Edward Faberman, 202-778-4460

The Communities of the Virginia Peninsula

The Communities of VA Peninsula, Savannah, GA/Hilton Head, SC, Greenville/Spartanburg, SC and Aspen Mountain Airways

Order 99-3-12 OST-98-4604 OST-98-3603 OST-99-5130 OST-98-3671

Issued and Served March 16, 1999

Order Reserving Slot Exemptions at Chicago O'Hare Airport Scanned Copy

High Density Rule, Chicago O'Hare Slots

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By this order the Department is establishing an experimental allocation of Chicago O'Hare Airport slot exemptions to be deployed by selected communities for the purpose of assisting those communities in acquiring nonstop air service to O'Hare. Specifically, we are reserving a total of three O'Hare slot exemptions each for the communities of Greenville/Spartanburg, South Carolina, and Savannah, Georgia/Hilton Head, South Carolina, for the provision of such service. The service must be provided with Stage 3 jet aircraft, and is limited to a 179-day period. We find that this at lion is in the public interest.

By:  Charles Hunnicutt

The Communites of the Virginia Peninsula

OST-98-4604	April 7, 1999	Application for an Exemption	Non-Stop Service to Chicago O'Hare Airport
		Service List

Counsel:  Ungaretti & Harris, Edward Faberman, for Peninsula Airport Commission, 202.639.7501

The Communities of The Virginia Peninsula

OST-98-4604	April 22, 1999	Answer of United Air Lines	High Density Rule - Nonstop Service to Chicago O'Hare	HTML
		Attachment:   Letter from United to Bradley Mims and Patrick Murphy dated 4/16/99		HTML

If the Department chooses to treat this submission as an application rather than an petition for reconsideration of Order 99-3-12, the Department should deny the application for the same reasons it was dismissed in Order 99-3-12. In that order, the Department stated that it was undertaking an experiment and therefore would "establish a one-time test to enable (DOT) to observe the extent to which the availability of slot exemptions assists non-airline parties in addressing their transportation needs." Order 99-3-12 at 3. The Department emphasized that it was limiting the experiment "in number and duration." Id. at 7. In commencing its experiment and making its award of exemptions to communities "for a temporary period of 179 days," the Department reviewed the "three pending applications" - of Greenville/Spartanburg, Savannah/Hilton Head and Newport News/Williamsburg - on the merits, under existing public interest guidelines, and selected the first two, dismissing the application of Newport News/Williamsburg. The Department specifically found that the record data "clearly demonstrate a more pressing case for the institution of direct O'Hare service for Savannah/Hilton Head and Greenville/Spartanburg than for Newport News." Order 99-3-12 at 7.

Counsel:  United and Kirkland Ellis, Jeffrey Manley, 202-879-5161, jeffrey_manley@kirkland.com

Establishment of Slot Exemptions Proceedings 

By:  Bradley Mims

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