8. Practicability Standard for At-Grade Crossings

In applications for at-grade crossings, the Commission has the discretion to approve the request, order a separation of grade, or deny the application. Additionally, pursuant to Rules 3.11 and 3.7(c), applications for an at-grade crossing of a light-rail crossing shall include a showing why a separation of grade is not practicable. Pub. Util. Code § 1202(c) further gives the Commission the exclusive power to require, where in its judgment it would be practicable, a separation of grade at any crossing.

The Commission has addressed the issue of practicability many times. In D.82-04-033 (City of San Mateo), D.92-01-017 (City of Oceanside), and D.98-09-059 (City of San Diego) the Commission denied requests for at-grade crossings because it was found a separation of grade was practicable. These proceedings all involved high-speed (up to 70 mph) passenger railroad traffic and were denied based in part on the number of trains and train speeds, and also on the position of various federal rail and highway safety agencies that, generally stated, opposed any at-grade crossings along mainline railroad track with high-speed passenger traffic.

In D.02-05-047 (Pasadena Blue Line), the Commission further addressed the issue by establishing a list of six issues to be used as criteria for judging practicability in that case, and in all future grade crossing cases. The Pasadena Blue Line involved a light-rail transit system with lighter weight cars, shorter train stopping distances and different safety standards than those of standard railroad (heavy-rail) trains.

In D.03-12-018 (City of San Diego), the Commission added a seventh element, "precedent in factually similar situations," to the list of criteria for determining practicability. In that case, the Commission approved San Diego's request to construct an at-grade crossing over six sets of tracks (three light-rail and three heavy-rail).

The Commission now uses these seven criteria (listed below) for judging practicability in all at-grade crossing cases (light-rail transit, passenger railroad, and freight railroad). For example, in D.04-08-013, the Commission approved the City of Bakersfield's request to construct four at-grade crossings over a freight railroad, and in D.07-03-027 approved the City of Glendale's request to construct an at-grade crossing over a combined passenger/freight railroad line.

The seven criteria used for judging practicability are:

1. A demonstration of public need for the crossing;

2. A convincing showing that Expo Authority has eliminated all potential safety hazards;

3. The concurrence of local community and emergency authorities;

4. The opinions of the general public, and specifically those who may be affected by an at-grade crossing;

5. Although less persuasive than safety considerations, the comparative costs of an at-grade crossing with a grade separation;

6. A recommendation by Staff that it concurs in the safety of the proposed crossing, including any conditions; and,

7. Commission precedent in factually similar crossings.