II. Background

On June 14, 2005, County, in cooperation with the Greater Bakersfield Separation of Grade District, filed Application 05-06-023 requesting authorization to construct at Seventh Standard Road a grade-separated overhead crossing over the tracks of UP's Fresno-Bakersfield Main Line, formerly owned by Southern Pacific Transportation Company (SPT), near Bakersfield in Kern County.

County proposes to construct a grade-separated overhead crossing, consisting of a three-span reinforced box girder concrete structure, which will carry Seventh Standard Road over two existing tracks and two future tracks. The total length of the bridge will be approximately 208 feet, measured back-to-back of abutments. Abutments and bents will be of reinforced concrete. Four 12-foot vehicular lanes, one eastbound left turn lane and one sidewalk, will be carried on the proposed overhead structure across the railroad with room for two additional travel lanes. Total width of the bridge structure will be 104 feet 10 inches. During construction, vehicular traffic will be carried on the present traveled way and across the present Seventh Standard Road at-grade crossing; rail traffic will use the existing tracks during construction. Upon completion of the grade-separated overhead crossing, vehicular traffic will be rerouted and the existing Seventh Standard Road at-grade crossing will be closed. The crossing will be barricaded, and pavement approaching and between the tracks will be removed.

The Seventh Standard Road overhead crossing project ranked number 28 in the 1998-1999 Grade Separation Priority List of Decision (D.) 98-06-072, dated June 18, 1998, and ranked number 27 in the 1999-2000 Grade Separation Priority List of D.99-06-035, dated June 10, 1999, both related to Order Instituting Investigation (I.) 97-07-014. This investigation is a two-year proceeding; in the second year, the Commission revised the priority list based upon allocations in the first year. The California Transportation Commission allocated this project $1,420,257 in fiscal year 1999-2000 and $2,339,743 in fiscal year 2000-2001, for a total allocation of $3,760,000.

The Commission previously authorized construction of this project in 1997 by D.97-03-044. The authorization was extended by D.02-08-056 but lapsed on September 23, 2004. The application now before us seeks to renew the authorization. Consistent with Pub. Util. Code §§ 1202.1(a), (b), and (c), County sought an expedited interim order authorizing construction, with a final decision apportioning costs to be issued later. UP filed a protest to the application on July 14, 2005, contending that the proposed bridge was insufficient to accommodate future tracks. In response to UP's concerns, County redesigned the bridge to UP's satisfaction to accommodate two future tracks. The parties executed a new construction and maintenance agreement for the project resolving cost allocation issues as well. Thereupon, UP withdrew its protest. County and UP have stipulated to the entry of this final order which should be effective immediately.