STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
September 18, 2008 Agenda ID #7943
Alternate to Agenda ID #7488
TO PARTIES OF RECORD IN RESOLUTION ROSB-002
NOTICE OF ALTERNATE RESOLUTION ORDERING ALTERNATIVE DISPUTE RESOLUTION BETWEEN PARTIES IN ORDER TO DETERMINE WHETHER TO ADOPT A RAILROAD CITATION PROGRAM FOR ENFORCING COMPLIANCE WITH GENERAL ORDERS AND OTHER REQUIREMENTS INCLUDING PROCEDURES FOR APPEAL OF CITATIONS ISSUED TO RAILROAD CARRIERS.
A draft resolution (ROSB-002) by the Consumer Protection and Safety Division recommending adoption of a Railroad Carrier Citation Program was scheduled for consideration on the September 18, 2008 Commission meeting agenda. Commissioner Simon has issued the attached alternate resolution. The Commission may vote on the resolution at the November 6, 2008 Commission meeting, or it may postpone a vote. The Commission may adopt all or part of ROSB-002, or the alternate, or may amend or modify it, or set it aside and prepare a different resolution.
The Commission will consider the draft and alternate resolutions at its November 6, 2008 meeting. Railroads subject to the Railroad Carrier Citation Program may file comments on the draft resolution. An original and 2 copies of comments must be filed with the Consumer Protection and Safety Division by October 7, 2008, at the address set forth below, and served electronically on Paul Phillips, advisor to Commissioner Simon, at psp@cpuc.ca.gov. Commenters must also serve comments on the other railroads potentially subject to the Citation Program, and send copies of comments by electronic mail to the e-mail address below. Comments shall focus on factual, legal or technical error in the draft resolution. (See Rule 14.5 for detailed requirements.)
Richard W. Clark, Director
Consumer Protection and Safety Division
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102
Telephone: (415) 703-2349
E-mail rwc@cpuc.ca.gov
Attachments
ATTACHMENT
Resolution ROSB-002: Resolution Ordering Alternative Dispute Resolution Between Parties In Order To Determine Whether To Adopt A Railroad Citation Program For Enforcing Compliance With General Orders And Other Requirements Including Procedures For Appeal Of Citations Issued To Railroad Carriers.
Pursuant to Public Utilities Code § 311(e), this is the digest of the substantive differences between the proposed resolution prepared by the Consumer Safety and Protection Division (CPSD) (mailed on April 15, 2008) and the alternate proposed resolution of Commissioner Timothy Alan Simon, (mailed on September 18, 2008).
CPSD's proposed resolution recommends that the Commission approve a citation program under the administration of the Director of CPSD for enforcing compliance with certain General Orders and other requirements for railroad carriers operating in California. Specifically, the citation program will enforce compliance with the requirements for walkways, clearances, notification of hazardous materials release, and certain railroad operating rules agreed to by the Union Pacific Railroad Company (UPRR) and BNSF Railway Company (BNSF) in Union Pacific Railroad Co. v. CPUC, Case No. 07-cv-001 (E.D. Cal. June 1, 2007) ("AB 3023 Suit"). Staff is delegated authority to draft and issue citations for specific violations and levy penalties in specified amounts as set forth in Appendix A of the proposed resolution.
The alternate proposed resolution recommends that a mediation be convened by the Commission's Administrative Law Judge Division to discuss and attempt to resolve differences between CPSD and the railroad carriers regarding the citation program. The Administrative Law Judge Division is directed to report back to the Commission three months after the resolution is effective.
PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Consumer Protection and Safety Division San Francisco, California Railroad Operations Safety Branch Date: September 18, 2008
Resolution ROSB-002
R E S O L U T I O N
ALTERNATE RESOLUTION ORDERING ALTERNATIVE DISPUTE RESOLUTION BETWEEN PARTIES IN ORDER TO DETERMINE WHETHER TO ADOPT A RAILROAD CITATION PROGRAM FOR ENFORCING COMPLIANCE WITH GENERAL ORDERS AND OTHER REQUIREMENTS INCLUDING PROCEDURES FOR APPEAL OF CITATIONS ISSUED TO RAILROAD CARRIERS.
SUMMARY
On August 30, 2007, staff presented ROSB-001 with the stated purpose of creating a citation program for enforcing railroad compliance with selected general orders and certain other requirements. Staff later withdrew the resolution and refilled it in an amended form as ROSB-002.
Staff and the railroads appeared to have broad agreement about the importance of compliance, but they disagree about the most appropriate and effective process for achieving this goal. The parties have met together to discuss their differences regarding the resolution, but have not had the benefit of a mediator to help them resolve their outstanding issues. This matter has not been a subject of a formal proceeding, and there is no factual record on which to base a proposed Citation Program.
THEREFORE, IT IS ORDERED THAT:
1. For a period of three months from the date of this order,
staff and the railroads, subject to Commission jurisdiction, shall participate in an Alternative Dispute Resolution (ADR) process consistent with Commission rules for the purpose of attempting to settle upon an appropriate process for efficiently ensuring compliance with the Commission's General Orders and other requirements that would be the subject of a proposed Citation Program. The Administrative Law Judges Division shall assign an ALJ to serve as a neutral mediator for the ADR process. Three months from the date of this order, the assigned ALJ neutral shall submit a written report to the Commission on the status of the discussions and make a recommendation regarding whether the Commission should place the resolution implementing the proposed Citation Program back on the Commission Agenda.
I certify that the foregoing resolution was duly introduced, passed, and adopted at a conference of the Public Utilities Commission of the State of California held on _________________, 2008, the following Commissioners voting favorably thereon:
PAUL CLANON Executive Director |
Updated ROSB Service Lists
Altamont Commuter Express
949 East Channel Street
Stockton, CA · 95202
AMTRAK
Joe Deely, Gn'l Mgr
530 Water Street
Oakland, CA 94607
Arizona & California Railroad Co.
Tanya Cecil
1301 California Avenue
Parker, AZ 85344
BNSF
Doug Werner, Counsel
P.O.Box 961056
Fort Worth, TX 76161-0056
Brotherhood of Locomotive Engineers and Teamsters
Tim Smith-Chairman, State Legislative Board
610 Auburn Ravine Road,Ste C
Auburn, CA 95603
United States of America
California Short Line Railroad Association
Jalene Forbis
Executive Director
P.O. Box 1500
McCloud, CA 96057
California Northern Railroad Co. (Sub of: RailAmerica)
Don Seil, General Manager
1100 Main Street Suite 210
Woodland, CA 945695
530-392-5032 (c)
CalTrain
Peninsula Commute Service Joint Powers Board
Jose Cisneros (Chair)
1250 San Carlos Ave.
P. O. Box 3006
San Carlos, CA 94070-1306
Chris Payne, Safety Officer paynec@samtrans.com
Carrizo Gorge Railway Inc.
Ken Kahan
2295 Fletcher Pkwy. Suite 101
El Cajon, CA 92020
Central California Traction Company
Dave Buccolo
2201 W. Washington Street, #12
Stockton, CA 95203
Central Oregon & Pacific (Sub of: RailAmerica)
Patrick Kerr
PO Box 1083
Roseburg, OR 97470
Fillmore & Western Railway
Dave Wilkinson
351 Santa Clara Avenue
Fillmore, CA 93015
Lake County Railroad
513 Center Street
Lakeview, OR 97630
Los Angeles Junction Railway
Marion Alexander
4433 Exchange Avenue
Los Angeles, CA 90058
McCloud Railway Co.
Jeff Forbis
801 Industrial Way
PO Box 1500
McCloud, CA 96057
Modesto & Empire Traction Company
Ken Beard
530 11th Street
Modesto, CA 95353
Napa Valley Railroad Co. (Wine Train)
Jeff Hullquist
800 8th Street
Napa, CA 94559-3422
Niles Canyon Railway
Pacific Locomotive Association
P.O. Box 2247
Fremont, CA 94536-0247
North Coast Railroad Authority
Part of the Northwestern Pacific Railway Co., LLC
419 Talmage Road, Suite M
Ukiah CA 95482
North County Transit District (NCTD)
810 Mission Avenue
Oceanside, CA 92054
Pacific Harbor Line, Inc.
Andrew Fox, President
340 West Water Street
Wilmington, CA 90744
Quincy Railroad Co.
Eric Shelby
P O Box 420
Quincy, CA 95971
Richmond Pacific Railroad Corp.
John Cockle
402 Wright Avenue
Richmond, CA 94804
San Joaquin Valley Railroad Co. (Sub of: RailAmerica)
Randy Perry, General Manager
221 N. "F" Street
Exeter, CA 93221
randy.perry@railamerica.com
Santa Cruz, Big Trees & Pacific Railway, Co.
Gary Guttebo
P.O. Box G-1
Felton, CA 95018
San Diego & Imperial Valley Railroad (Sub of: RailAmerica)
Pete Jesperson
1501 National Avenue, Suite 200
San Diego, CA 92113
Pete.jespersen@railamerica.com
Santa Maria Valley Railroad
Dave Jennings, VP/COO
Santa Maria Valley Railroad Co.
628 S. McClelland Street
Santa Maria, CA 93454
P: 805-922-7941
F: 805-922-9554
C: 805-598-8566
E:
jennings@smvrr.com
W: www.smvrr.com
Skunk Train, Fort Bragg-Willits, CA (Sub of Sierra Northern Railway)
220 South Sierra Avenue
Oakdale, CA 95361
Sierra Northern Railway
Dave Magaw-President
341 Industrial Way
Woodland, CA 95776
Southern California Regional Rail Authority (SCRRA)
David Solow, CEO
Metrolink
700 South Flower Street, Suite 2600
Los Angeles, CA 90017
Stockton Terminal & Eastern Railroad
Greg Carney, President
1330 N. Broadway Ave.
Stockton, CA 95205
Trona Railway Co.
Mark Bennett, Mgr of Operations
13068 Main St.
Trona, Ca. 93562
(760) 372-2280 phone
(760)384-8917 cell
Union Pacific Railroad Company
Carol Harris-General Commerce Counsel
49 Stevenson Street, STE 1050
San Francisco, CA 94105
United Transportation Union
James P. Jones, State Legislative Director
1005 12th Street, STE 4
Sacramento, CA 95814
Ventura County Railroad Company, Inc. (Sub of: RailAmerica)
Pete Jespersen, General Manager
333 Ponoma St
Port Hueneme, CA 93041 and
Pete.jespersen@railamerica.com
West Isle Line, Inc.
Randy Wuehler
3201 Avenue 54
Alpaugh, CA 93201
Yreka Western Railroad
Court Hammond
300 East Miner Street
Yreka, CA 96097
