3. Background, Scope of the Proceeding

The AirTrain will consist of a fleet of 38 vehicles that will serve nine stations along approximately three miles of dual guideways, with a capacity of 4,000 passengers per hour. There are two lines, the "Blue Line" running from the rental car center and the "Red Line," looping the terminals and providing a link to a new Bay Area Rapid Transit (BART) station. Like the current system of privately operated shuttle buses that the AirTrain will replace, the service will be provided at no charge to passengers. The system is wholly internal to the airport property and does not cross any public or private road. It is expected that AirTrain ultimately will carry more than 10 million passengers per year. SFO has contracted with Bombardier Transportation Systems to design, construct, operate and maintain the AirTrain.

During construction of the AirTrain system, SFO and its consultants worked with the Commission's rail safety engineers in developing safety procedures and guidelines. However, in June 2002, when Staff asserted that a system safety program would have to be developed and approved by the Commission pursuant to General Order (GO) 164-B, SFO declined on grounds that the Commission lacks jurisdiction to enforce such a requirement.

In a Scoping Memo dated August 13, 2002, Assigned Commissioner Geoffrey F. Brown defined the issues in this proceeding as follows:

a. Has SFO demonstrated that its AirTrain people-mover system is not subject to Commission jurisdiction pursuant to Pub. Util. Code § 99152?

b. Has SFO demonstrated that its AirTrain people-mover system is not subject to GO 164-B, GO 143-B, and GO 127?

The Scoping Memo concluded that a hearing would not be necessary, and the issues would be dealt with on brief.