Discussion

The exact legal name of the Applicant is Alameda Corridor - East Construction Authority of the San Gabriel Valley Council of Governments. The proposed projects described herein are among many ACE projects that will reduce or eliminate train traffic - motor vehicle traffic conflicts in the San Gabriel Valley area of Los Angeles County. ACE proposes to modify the existing grade-separated highway-rail crossings of Humane Way, SR-57, Temple Avenue, and SR-71 over UP's existing Los Angeles Subdivision main line and of SR-71 and Humane Way over UP's existing Alhambra Subdivision main line.

ACE projects are related to the original Alameda Corridor project. The Alameda Corridor connects the Ports of Long Beach and Los Angeles to the transcontinental rail network and will consist of grade-separated highway-rail crossings, a railroad "trench" and a railroad - railroad "flyover," allowing safer, faster, and more efficient rail shipment of internationally-traded goods from the Ports to the transcontinental rail yards east of downtown Los Angeles. From those yards, UP ships most of these goods east on its Los Angeles Subdivision ("3" line) and Alhambra Subdivision ("B" line) main lines. The San Gabriel Valley portions of these two UP main lines comprise ACE's project area.

Without ACE's proposed improvements, ACE estimates that motor vehicle delays will increase by 300 percent for an average vehicle wait at each crossing of 10 to 24 minutes. ACE has projects at 55 at-grade highway-rail crossings within the San Gabriel Valley. The ACE program ultimately will construct 21 grade-separated highway-rail crossings, which will eliminate the hazard of train-vehicle collisions and motor traffic delays due to train movements.

ACE filed six applications to modify the existing grade-separated highway-rail crossings of Humane Way (A.02-05-059), SR-57 (A.02-05-062), Temple Avenue (A.02-05-063), and SR-71 (A.02-06-005) over UP's existing Los Angeles Subdivision main line and of SR-71 (A.02-06-006) and Humane Way (A.02-06-056) over UP's existing Alhambra Subdivision main line. Since the existing grade-separated highway-rail crossings are in the same vicinity, are located either on UP's existing Los Angeles Subdivision main line or existing Alhambra Subdivision main line, and are part of the same project, the six applications involve related questions of fact. Consequently, we will consolidate, pursuant to Rule 55 of the Commission's Rules of Practice and Procedure, the six applications and will prepare one Commission order authorizing modification of the existing grade-separated highway-rail crossings of the above-referenced roadways over the above-referenced UP main lines.

ACE is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA), as amended in 1982 and as stated in Public Resources (PR) Code Section 21000 et seq. ACE prepared an Initial Study/Environmental Assessment for the "Alameda Corridor East Project - Temple Avenue Train Diversion or Grade Separation Project - Southern Pacific Line - In Los Angeles County, California". On May 24, 2001, in compliance with PR Code Section 21152, ACE filed a Notice of Determination (NOD) with the Los Angeles County Clerk. The NOD found "that the project will not have a significant effect on the environment." ACE issued a Mitigated Negative Declaration for this project pursuant to the provisions of CEQA. Copies of the NOD, Mitigated Negative Declaration, and Initial Study/Environmental Assessment are included in Appendix C attached to the order.

The Commission is a responsible agency for this project under CEQA. CEQA requires that the Commission consider the environmental consequences of a project subject to its discretionary approval. In particular, to comply with CEQA, a responsible agency must consider the lead agency's Environmental Impact Report or Negative Declaration prior to acting upon or approving the project (CEQA Guideline Section 15050(b)). The specific activities that a responsible agency must conduct are contained in CEQA Guideline Section 15096.

The Commission has reviewed and considered the lead agency's environmental documents and finds them adequate for our decision-making purposes. Safety, security, transportation, and noise are within the scope of the Commission's permitting process. The Mitigated Negative Declaration did not identify environmental impacts related to security and transportation.

The Mitigated Negative Declaration identified one safety impact due to the hazardous waste potential of soil generated by clearing and grading. To mitigate this impact, ACE will prepare and implement prior to construction a health and safety plan, waste management plan, sampling and analysis plan, and work plan for remediation of any hazardous waste encountered.

The Mitigated Negative Declaration identified one noise impact due to increased noise levels at the Lanterman Development Center. ACE proposed measures to mitigate noise impacts at the Lanterman Development Center, including such measures as sound and vibration insulation, relocation of sensitive facilities, and the building of noise walls. ACE also proposed measures to reduce intermittent, localized vibration impacts during construction.

In reviewing the Mitigated Negative Declaration, we find that with respect to issues within the scope of our permitting process, ACE adopted feasible mitigation measures to lessen the potentially significant environmental impacts to an acceptable level. We will adopt ACE's findings and mitigations for purposes of our approval.

The Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section (RCES) has inspected the sites of the existing grade-separated highway-rail crossings of Humane Way, SR-57, Temple Avenue, and SR-71 over UP's existing Los Angeles Subdivision main line and of SR-71 and Humane Way over UP's existing Alhambra Subdivision main line. After reviewing the need for and the safety of the proposed modifications of the grade-separated highway-rail crossings, RCES recommends that the Commission grant ACE's requests.

The applications are in compliance with the Commission's filing requirements, including Rule 39 of Rules of Practice and Procedure, which relates to the widening, relocation, and alteration of existing highway-rail crossings. Shown in Appendix B attached to the order are site maps and detailed drawings of the proposed modified grade-separated highway-rail crossings of Humane Way, SR-57, Temple Avenue, and SR-71 over UP's existing Los Angeles Subdivision main line and of SR-71 and Humane Way over UP's existing Alhambra Subdivision main line.

ACE wishes to commence construction of this project as soon as possible in order to ensure that the project is completed to improve public safety at the existing grade-separated highway-rail crossings of Humane Way, SR-57, Temple Avenue, and SR-71 over UP's existing Los Angeles Subdivision main line and of SR-71 and Humane Way over UP's existing Alhambra Subdivision main line. ACE therefore requests that the Commission waive the usual 30-day effective date of an order. Therefore, we will make our order effective immediately.

In Resolution ALJ 176-3090, dated June 27, 2002, and published in the Commission Daily Calendar on June 28, 2002, the Commission categorized preliminarily A.02-05-059, A.02-05-062, A.02-05-063, A.02-06-005, and A.02-06-006 as ratesetting, and determined preliminarily that hearings were not necessary. In Resolution ALJ 176-3092, dated August 8, 2002, and published in the Commission Daily Calendar on August 9, 2002, the Commission categorized preliminarily A.02-06-056 as ratesetting and determined preliminarily that hearings were not necessary. Since the Commission held no hearings, these preliminary determinations remain correct. The Commission's Consumer Protection and Safety Division recommends that the applications be granted. Given these developments, a public hearing is not necessary, and it is not necessary to disturb the preliminary determinations made in Resolutions ALJ 176-3090 and ALJ 176-3092.

These applications are uncontested matters in which the decision grants the relief requested. Accordingly, pursuant to Public Utilities Code Section 311(g)(2), we waive the otherwise applicable 30-day period for public review and comment.