Environmental Review and CEQA Compliance

The California Environmental Quality Act of 1970 (CEQA, as amended, Public Resources Code Section 21000 et seq.) applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to inform governmental decision-makers and the public about potential, significant environmental effects of the proposed activities. Since the Commission must issue a discretionary decision in order for the project to proceed (i.e., the Commission has the exclusive authority to approve the project pursuant to Section 1202 of the Public Utilities Code), the Commission must consider whether the project is subject to CEQA, and if so, the Commission must consider the environmental consequences of the project by acting as either a lead or responsible agency under CEQA.

The lead agency is either the public agency that carries out the project,1 or the one with the greatest responsibility for supervising or approving the project as a whole.2 Here, POLA is the appropriate lead agency for this project. The Commission is a responsible agency under CEQA because it will be issuing a permit for a portion of the project. As a responsible agency under CEQA, the Commission must consider the lead agency's environmental documents and findings before acting on or approving this project.3

Under CEQA, on November 15, 2011, POLA issued a Notice of Determination (NOD) indicating that the project is statutorily exempt from CEQA under Public Resources Code section 21080.13, as: "Construction of a railroad grade separation project to eliminate an existing grade crossing." Accordingly, no CEQA review was required.

In addition, pursuant to the National Environmental Policy Act (NEPA), the Federal Highway Administration (FHWA) and California Department of Transportation (Caltrans) approved the categorical exclusion document on December 22, 2010, under 23 CFR 771.117(d): activity (d)(11).

The Commission reviewed and considered the lead agency's CEQA NOD and NEPA Categorical Exclusion and finds them adequate for our decision-making purposes. We find that the project is exempt from CEQA under Public Resources Code section 21080.13, which reads:

This division shall not apply to any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation.

Filing Requirements and Staff Recommendation

The application is in compliance with the Commission's filing requirements, including Rule 3.7 of the Rules of Practice and Procedure, which relates to the construction of a public highway across a railroad.

The Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section has inspected the site of the proposed crossing, has reviewed and analyzed the plans submitted with the application, and recommends that the requested authority to construct the subject crossing be granted for a period of three years.

Categorization and Need for Hearings

In Resolution ALJ 176-3289, dated February 16, 2012, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protests have been received. There is no apparent reason why the application should not be granted. Given these developments, a public hearing is not necessary, and it is not necessary to disturb the preliminary determinations.

Waiver of Comment Period

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Section 311(g)(2) of the Public Utilities Code and Rule 14.6(c)(2) of the Commission's Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is waived.

Assignment of Proceeding

Emory Hagan is the assigned Examiner in this proceeding.

Findings of Fact

1. Notice of the application was published in the Commission's Daily Calendar on February 6, 2012. There are no unresolved matters or protests. A public hearing is not necessary.

2. POLA requests authority to construct a new public road, identified as Main Viaduct Bridge, over its San Pedro Subdivision-Pier A Street Lead freight track and its San Pedro Subdivision-Pier A Wye (West) freight tracks, thereby creating four new grade-separated crossings.

3. The project will include closure of the existing at-grade crossing at Neptune Avenue, CPUC Crossing No. 121S-2.00 and DOT No. 747737M.

4. POLA is the lead agency for this project under CEQA.

5. POLA issued a NOD indicating that the project is Statutorily Exempt from CEQA under Public Resources Code section 21080.13.

6. Caltrans and FHWA approved the NEPA categorical exclusion document on December 22, 2010.

7. The Commission is a responsible agency for this project, and has reviewed and considered the lead agency's NOD and NEPA categorical exclusion.

Conclusions of Law

1. The NOD and NEPA categorical exclusion are adequate for our decision-making purposes.

2. The Commission independently finds that this project is exempt from CEQA under Public Resources Code section 21080.13.

3. The application is uncontested and a public hearing is not necessary.

4. The application should be granted as set forth in the following order.

ORDER

IT IS ORDERED that:

1. The Port of Los Angeles, a municipal corporation of the City of Los Angeles, is authorized to construct a new public road, identified as Main Viaduct Bridge, across its San Pedro Subdivision-Pier A Street Lead freight track and its San Pedro Subdivision-Pier A Wye (West) freight tracks, thereby creating four new grade-separated rail crossings, in the City of Los Angeles, County of Los Angeles.

2. The Main Viaduct - Center grade-separated crossing shall be identified as CPUC Crossing No. 121SA-1.90-AC and Federal Department of Transportation No. 931151K.

3. The Main Viaduct - North grade-separated crossing shall be identified as CPUC Crossing No. 121SW-1.90-AC and Federal Department of Transportation No. 931152S.

4. The Main Viaduct - South grade-separated crossing shall be identified as CPUC Crossing No. 121SA-1.80-AC and Federal Department of Transportation No. 931154F.

5. The Port of Los Angeles, a municipal corporation of the City of Los Angeles, is authorized to construct a new public road, identified as North Access Road, across its San Pedro Subdivision- Pier A Wye (West) freight tracks, thereby creating a new grade-separated rail crossing, in the City of Los Angeles, County of Los Angeles.

6. The North Access Road grade-separated crossing shall be identified as CPUC Crossing No. 121SW-1.80-AC and Federal Department of Transportation No. 931155M.

7. The authorization shall include the closure of the existing at-grade crossing at Neptune Avenue (CPUC Crossing No. 121S-2.00 and Federal Department of Transportation No. 747737M).

8. The Port of Los Angeles shall notify the Los Angeles office of Commission's Consumer Protection and Safety Division - Rail Crossing Engineering Section at least five (5) business days prior to opening of the crossings. Notification should be made to rces@cpuc.ca.gov.

9. Within 30 days after completion of the work under this order, the Port of Los Angeles shall notify the Commission's Consumer Protection and Safety Division - Rail Crossing Engineering Section in writing, by submitting a completed Commission Standard Form G (Report of Changes at Highway Grade Crossings and Separations), of the completion of the authorized work. Form G requirements and forms can be obtained at the CPUC web site Form G page at http://www.cpuc.ca.gov/formg . This report may be submitted electronically to rces@cpuc.ca.gov as outlined on the web page.

10. Within 30 days after completion of the work under this order, the Port of Los Angeles shall notify the Federal Railroad Administration of the existence of the new grade-separated crossings and crossing closure by submitting a U.S.DOT CROSSING INVENTORY FORM, form FRA F6180.71 for each. A copy of that submittal is to be provided concurrently to the Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section. The copy of the form may be submitted electronically to rces@cpuc.ca.gov.

11. The Port of Los Angeles shall comply with all applicable rules, including Commission General Orders and the California Manual on Uniform Traffic Control Devices.

12. This authorization shall expire if not exercised within three years, unless time is extended or if the above conditions are not satisfied. The Commission may revoke or modify this authorization if public convenience, necessity, or safety so require.

13. A request for extension of the three year authorization period must be submitted to Rail Crossings Engineering Section at least 30 days before the expiration of that period. A copy of the request must be sent to all interested parties.

14. The application is granted as set forth above.

15. Application 12-02-002, Application 12-02-003, Application 12-02-004, and Application 12-02-005 are closed.

1 CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15051(a).

2 CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15051(b).

3 CEQA Guidelines, Sections 15050(b) and 15096.

4 42 USC 4332 (2)(c) of 1969 as amended. Projects undertaken in California that utilize federal funds, require discretionary federal approval, or are undertaken by federal agencies are subject to both NEPA and CEQA.

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