CPSD/RWC/GG1/DAR/SHK/vdl Mailed 12/22/08

Decision 08-12-040 December 18, 2008

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Application of the San Francisco Bay Area Rapid Transit for an order authorizing construction of an underground subway structure crossing under the Union Pacific Railroad Company's realigned Warm Springs Subdivision Mainline in the City of Fremont, County of Alameda.

Application 08-09-006 (Filed September 5, 2008; amended October 10, 2008)

DECISION GRANTING SAN FRANCISCO BAY AREA

RAPID TRANSIT DISTRICT AUTHORITY TO CONSTRUCT

AN UNDERGROUND SUBWAY STRUCTURE CROSSING

UNDER THE UNION PACIFIC RAILROAD COMPANY'S

WARM SPRINGS SUBDIVISION MAINLINE TRACK

Summary

This decision grants the request of the San Francisco Bay Area Rapid Transit District (BART) to construct an underground subway structure crossing under Union Pacific Railroad Company's (UPRR) realigned Warm Springs Subdivision mainline track in the City of Fremont, County of Alameda. The subway structure will cross beneath the UPRR track at a location 2300 feet north of Paseo Padre Parkway, and is to be identified as CPUC Crossing No. 001DA-31.60-BT. The underground subway structure is part of BART's Warm Springs Extension (WSX) Project which plans to extend the BART system 5.4 miles south from the current terminus at BART's Fremont Station.