2. Procedural History

The Commission instituted this investigation and order to show cause into why SFO should not be ordered to complete a system safety program under Commission auspices before the start of operations of the AirTrain system. The AirTrain is an above-ground, automated system comprised of unmanned rubber-tired trolleys that will operate within a concrete guideway to serve terminals, parking areas and other points in the airport. It will replace a shuttle bus system that now carries passengers within the airport premises.

The show-cause order required SFO to present evidence and argument in support of its objection that the Commission lacks jurisdiction to conduct safety inspection and approval of the AirTrain system. The Rail Transit Safety Section of the Commission's Consumer Protection and Safety (Staff) Division asserts Commission jurisdiction pursuant to Pub. Util. Code § 99152.¹

At a prehearing conference on August 7, 2002, the parties presented a stipulation by which SFO agreed to be bound by an interim system safety program prepared in conjunction with the Commission's rail transit safety engineers. In an Interim Opinion dated August 22, 2002, the Commission approved the stipulation. This investigation remained opened pending resolution of the jurisdictional question. On September 18, 2002, the parties filed a Joint Statement of Undisputed Facts, and SFO filed its opening brief. Staff responded on October 23, 2002, and SFO filed its rebuttal brief on November 6, 2002, at which time this matter was deemed submitted for Commission resolution.