Virgin America, Inc.

Order 2005-12-13
OST-2005-23307 - Certificate of Public Convenience and Necessity - Interstate Scheduled Passenger

Issued and Served December 23, 2005

Order

We defer the 21-day deadline for the filing of answers set forth in 14 CFR Part 302.204 until 14 days after the Department has ruled on the Continental Airlines, Inc. Motion. Replies to answers shall be filed within seven business days after the due date of the answer.

We grant immediate interim access to all documents covered by Virgin America Inc.’s Rule 12 Motion to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance. Moreover, at the Dockets facility, Parties will be permitted to make copies of the exhibits for use by persons who have filed confidentiality affidavits, consistent with conditions agreed to by Virgin America Inc. We also grant interim access to any subsequent materials that may be filed in this case under a Rule I2 Motion to counsel and outside experts for interested parties who file appropriate affidavits with the Department in advance, unless the party filing the Motion objects.

We expect all affidavits to state, at a minimum, that (1) the affiant is counsel for an interested party or an outside independent expert providing services to such a party; (2) the affiant will use the information only for the purpose of participating in this proceeding; and (3) the affiant will disclose such information only to other persons who have filed a valid affidavit in Docket OST-2005-23307. Affiants and interested parties must understand and agree that any pleading or other filing that includes or discusses information contained in the covered documents must itself be accompanied by a Rule 12 Motion requesting confidential treatment.

By: Michael Reynolds