10. Assignment of Proceeding
Loretta Lynch is the Assigned Commissioner and Glen Walker is the assigned ALJ in this proceeding.
1. VTA in 2001 applied to the Commission for authority to construct an at-grade crossing at Hamilton Avenue in the City of Campbell of a light rail transit line extension.
2. Staff in its diagnostic review of the application determined that 70,000 vehicles per day pass through the proposed crossing site, that the site is near a highway off-ramp, and that light rail vehicles would use the crossing 200 times a day.
3. The Hamilton Avenue crossing is used for three roundtrips per week of Union Pacific Railroad freight trains.
4. Visibility of southbound trains approaching the Hamilton Avenue site is obstructed by buildings around the tracks.
5. Based on its investigation, Staff protested VTA's application for approval of an at-grade crossing and recommended that the crossing be grade-separated.
6. After further study, VTA agreed to grade-separate the Hamilton Avenue site for its light rail transit operations.
7. VTA refused to amend its application for Commission approval of the proposed crossing, arguing for the first time that the Commission lacks jurisdiction to review and approve rail/street-crossing projects involving light rail trains operated by a public transit district.
8. VTA's motion to dismiss this proceeding on jurisdictional grounds was denied by ALJ Ruling dated March 1, 2002.
9. VTA's motion to withdraw its application and close the proceeding based on lack of Commission jurisdiction was denied by ALJ Ruling dated April 29, 2002.
10. At hearing on the application on June 27, 2002, VTA limited its appearance to cross-examination and to legal argument on jurisdiction.
11. Briefing by the parties was completed on October 3, 2002, at which time this matter was deemed submitted for decision.
1. VTA is subject to Commission jurisdiction under statutes promulgated within the Public Utilities Code, including but not limited to § 100168, § 778, § 99152, and § 309.7.
2. Among other things, these statutes direct the Commission to inspect all work done on public guideway systems, to make changes necessary for the public safety, and to perform safety oversight of the design, construction and operation of guideway systems.
3. Under § 1202, the Commission has the exclusive power to prescribe the manner of rail/street crossings for railroads and street railroads within California.
4. The light rail system operated by VTA is a "street railroad" within the definition of § 231.
5. The Commission's jurisdiction over rail/street crossings is germane to the authority granted to the Commission in transportation matters by the State Constitution.
6. Transit districts, like municipalities, are subject to the Commission's rail crossing jurisdiction pursuant to Art. XII, § 8 of the California Constitution.
7. VTA's objection to the jurisdiction of the Commission to review and approve its light rail crossing of Hamilton Avenue in the City of Campbell should be denied.
8. The Commission should affirm the ALJ Rulings of March 1, 2002, and April 29, 2002, denying VTA's motion to dismiss the application and motion to withdraw the application and close the proceeding.
9. VTA's application for approval of construction of a light rail at-grade crossing of Hamilton Avenue in the City of Campbell should be denied without prejudice to an amended filing by VTA.
IT IS ORDERED that:
1. The application of the Santa Clara Valley Transportation Authority (VTA) for an order authorizing construction of an at-grade crossing of Hamilton Avenue by the light rail transit line of the Vasona Light Rail Project in the City of Campbell, County of Santa Clara, is denied, without prejudice to an amended filing by VTA.
2. We affirm the Administrative Law Judge (ALJ) Ruling of March 1, 2002, denying VTA's motion to dismiss this application for lack of jurisdiction, and the ALJ Ruling of April 29, 2002, denying VTA's motion to withdraw the application and close the proceeding based on lack of Commission jurisdiction.
3. We find that this Commission has jurisdiction to review and approve the construction and placement of VTA's light rail/street crossing.
4. This proceeding is closed.
This order is effective today.
Dated _____________________, at San Francisco, California.
