D0910009 Attachment A
D0910009 Attachment B
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COM/DGX/sid/jyc Date of Issuance 10/19/2009

Decision 09-10-009 October 15, 2009

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Amend General Order 118 Regarding the Appropriate Size Materials, Including Ballast Rock Used in Railway Switching Yards for Occupational Health and Safety.

Rulemaking 07-09-007

(Filed September 20, 2007)

DECISION AMENDING GENERAL ORDER 118

TO INCLUDE STANDARDS FOR THE SIZE OF BALLAST MATERIAL

USED ON EMPLOYEE WALKWAYS IN RAILWAY SWITCHING YARDS

1. Summary

This decision does not adopt in total the proposed settlement to amend General Order 118, between the Union Pacific Railroad Company, Burlington Northern Santa Fe Railway Company, 10 short-line railroads (Short Lines), the Brotherhood of Locomotive Engineers and Teamsters (Teamsters) and the United Transportation Union addressing ballast size specifications used in railway switching yard walkways. The terms of the proposed settlement are set forth in the body of this decision. Pursuant to Rule 12.4 of the Commission's Rules of Practice and Procedure, this decision adopts the settlement with modifications.

The primary differences between the parties' proposed settlement and the revisions to the General Order adopted herein are:

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