VIII. PRELIMINARY SCOPING MEMORANDUM
OIIs typically contain a preliminary scoping memo to guide the conduct of the proceeding.
1. The scope of the issues to be determined in the proceeding include whether the highway-rail at-grade crossing at West Doran Street in the City of Glendale should be physically closed pursuant to Public Utilities Code Section 1202(b), and if it is closed, what mitigating measures should be implemented.
2. This proceeding is preliminarily categorized as ratesetting.
3. A prehearing conference will be scheduled at a time and location to be determined by the Presiding Officer.
4. A scoping memo will designate a Presiding Officer under Rule 7.1(c).
5. The Presiding Officer or Assigned Commissioner will rule on the scoping memo and the scheduling of hearings at or after the prehearing conference.
6. Proceedings concerning highway-rail at-grade crossings are typically resolved within 12 months or less. (See Rule 5.2.)
7. Ex parte contacts are allowed but subject to the reporting requirements set forth in Rule 8.3. (Rule 8.2.)
8. Ex parte communications that are subject to these reporting requirements shall be reported by the interested person, regardless of whether the communication was initiated by the interested person. A "Notice of Ex Parte Communication" (Notice) shall be filed with the Commission's San Francisco Docket Office within three working days of the communication. The Notice may address multiple ex parte communications in the same proceeding, provided that notice of each communication identified therein is timely. The Notice shall include the following information:
(a) The date, time, and location of the communication, and whether it was oral, written, or a combination.
(b) The identities of each decisionmaker (or Commissioner's personal advisor) involved, the person initiating the communication, and any persons present during such communication.
(c) A description of the interested person's, but not the decisionmaker's (or Commissioner's personal advisor's), communication and its content, to which description shall be attached a copy of any written, audiovisual, or other material used for or during the communication. (Rule 8.3.)
9. The need for a hearing is demonstrated by the safety concerns raised by RCES.
10. Any party interested in participating in this investigation who is unfamiliar with the Commission's procedures should contact the Commission's Public Advisor Office in Los Angeles at (213) 576-7056 or in San Francisco at (415) 703-2074; or email public.advisor@cpuc.ca.gov.
Therefore, IT IS ORDERED that:
1. Investigation 10-02-020 is opened under Rule 5.1 for the limited purpose of determining whether the highway-rail at-grade crossing at West
Doran Street in the City of Glendale, California, should be closed, and if it is closed, what mitigating measures should be implemented.
2. This proceeding is categorized as a ratesetting proceeding pursuant to Rules 1.3 and 7.1. The legal and factual arguments concerning the closure of the highway-rail at-grade crossing at West Doran Street in the City of Glendale are ratesetting in nature.
3. The Executive Director shall cause a copy of this order to be served upon the Union Pacific Railroad, the Southern California Regional Rail Authority (Metrolink), the National Passenger Railroad Corporation (Amtrak), the City of Glendale, the City of Los Angeles, and industries in the immediate vicinity of the crossing, as set forth in Attachment A.
This order is effective today.
Dated February 25, 2010, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
TIMOTHY ALAN SIMON
NANCY E. RYAN
Commissioners
Sellars Products 4520 Doran Street Los Angeles, CA 90039 |
Albatross Cleaning 5439 W. San Fernando Road |
South Coast Recycling Center 4560 Doran Street Los Angeles, CA 90039-1006 |
Harrington Tools 5420 W. San Fernando Road |
Sunland Chemical & Research Corp. |
Cinelease 5375 W. San Fernando Road |
Trans-Gas Propane, Inc. 5440 San Fernando Rd. West Los Angeles, CA 90039 |
Airgas West 525 Commercial Street |
David Pickett Law Department Union Pacific Railroad Company 10031 Foothills Boulevard, #200 Roseville, CA 95747 |
Steve Wiley, Asst. Executive Officer Metrolink |
Erik Haley, CEO Southern California Regional Rail Authority 700 S. Flower, 26th Floor |
Eric Garcetti, President City Council City of Los Angeles 200 N. Spring Street |
Traffic & Transportation Administrator City of Glendale 633 East Broadway, Room 300 Glendale, CA 91206 |
Mayor Frank Quintero City of Glendale 633 East Broadway, Room 200 Glendale, CA 91206 |
Harry Steelman Division Engineer, Amtrak 810 North Alameda Street Los Angeles, CA 90012 |
Sean Skehan (MS-725) Principal Transportation Engineer Los Angeles Dept of Transportation 100 South Main St., 10th floor Los Angeles, CA 90012 |
