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ALJ/GEW/avs DRAFT Item 1
12/17/2002
Agenda ID # 1365
Decision _______________________
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of the Santa Clara Valley Transportation Authority for an Order Authorizing Construction of an At-Grade Crossing of Hamilton Avenue (82D-5.6) by the Light Rail Transit Line of the Vasona Light Rail Project in the City of Campbell, County of Santa Clara. |
Application 01-01-003 (Filed January 5, 2001) |
Suzanne B. Gifford, Richard A. Katzman, and Benjamin H. Scharf, Attorneys at Law, for
Santa Clara Valley Transportation Authority, applicant.
Patrick S. Berdge, Attorney at Law, for Rail Crossings Engineering Section, Consumer Safety and Protection Division, protestant.
Jeffrey B. Hare, Attorney at Law, for the Borello Neighborhood Committee, protestant.
O P I N I O N
TABLE OF CONTENTS
TITLE PAGE
3. Proposed Crossing Construction 44
4. VTA's Case for Limiting Commission Jurisdiction 55
5. Staff's Assertion of Commission Jurisdiction 1111
6.1 Jurisdiction Under Statutes Specific to VTA 1515
6.2 Exclusive Rail Crossings Jurisdiction 2020
8. Change in Categorization 2929
The Santa Clara Valley Transportation Authority (VTA) filed this application in January 2001 seeking Commission approval of an at-grade crossing for a light rail transit line in the City of Campbell. The application was protested by the Commission's rail staff on grounds that safety demands a separation of the rail tracks either above or below the roadway. After further study, VTA agreed to grade-separate the project, constructing an aerial crossing over the roadway. At the same time, however, it declined to amend its application and moved instead to withdraw it on grounds that the Commission lacks jurisdiction to approve the construction and placement of light rail crossings. This decision finds that the Commission has jurisdiction to approve the construction and placement of VTA's light rail crossings. It follows that the application for an at-grade crossing is denied, without prejudice to an amended filing by VTA.