7. Comments on Proposed Decision

The proposed decision of Commissioner Grueneich in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and comments are allowed pursuant to Rule 14.3. Opening comments were timely filed on August 31, 2009, by UP and BNSF jointly, and the Short Lines. UTU filed no comments by the August 31, 2009, deadline. No party filed reply comments.

UP and BNSF object to applying the new ballast size requirements to walkways adjacent to mainline tracks in switching yards, elimination of the AREMA standards for measuring ballast and the time limit for bringing newly acquired facilities into compliance with the new requirements.

The Short Lines' primary objection was the time limit for bringing newly acquired facilities into compliance with the new ballast size requirement. Where appropriate, the necessary revisions have been incorporated into the decision.