ALJ/VDR/avs Mailed 9/11/2006
Decision 06-09-016 September 7, 2006
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of the City of American Canyon for Approval to Construct a Public At-Grade Crossing of the California Northern Railroad Track, Located in Napa County, State of California. |
Application 01-09-021 (Filed September 13, 2001) |
Application of the City of American Canyon for Approval to Construct a Public At-Grade Crossing of the California Northern Railroad Track, at South Napa Junction Road, Located in Napa County, State of California. |
Application 05-05-014 (Filed May 6, 2005) |
OPINION APPROVING SETTLEMENT
Introduction and Summary
The City of American Canyon (City) filed Application (A.) 05-05-014 seeking authority to replace an existing private crossing over the California Northern Railroad (CN) at South Napa Junction Road in Napa County with a new public at-grade crossing at the same location. The City also filed a petition for rehearing in A.01-09-021 to renew its authority to establish a public crossing south of the new crossing at Frisby Lane, which is renamed Donaldson Way. Authority to establish the Donaldson Way crossing was granted by Decision (D.) 02-06-059, but that authority has lapsed under the terms of the Commission's order. Both crossings are included in the City's General Plan as part of an extensive redevelopment of the recently incorporated City.
CN, the affected operating railroad, filed a protest in each proceeding, as did Union Pacific Railroad Company (UP), the owner of the line, which UP leases to CN. Upon motion by the parties the administrative law judge consolidated the two proceedings, as they involve similar questions of law and fact and similarly pertain to the redevelopment plans of the City.
Following a prehearing conference, the matter was set to be heard in April 2006, but the parties settled their dispute before the hearing commenced. At the parties' request the hearing date was vacated pending presentation of the written settlement agreement (Settlement) to the Commission for adoption pursuant to Rule of Practice and Procedure (Rule) 51.1, subdivision (c). On April 14, 2006, the parties filed a joint motion asking the Commission to adopt the Settlement, and thereby to approve the establishment of a South Napa Junction Road at-grade public crossing and extend the City's authority to establish the Donaldson Way at-grade crossing.
As grounds for their motion the parties assert that constructing separated grade crossings at South Napa Junction Road and Donaldson Way would be impractical; that there is a need for public at-grade crossings at South Napa Junction Road and Donaldson Way to accommodate the residential and commercial development contemplated by the City's General Plan, including specific projects now under development by two private developers; that grade crossings at these locations would be incompatible with CN's switching operations at its Napa Junction Yard; and that public safety requires the alterations to which the parties have agreed in the Settlement.
We determine that the Settlement satisfies our requirements for adoption and meets the criteria for establishing a new at-grade public crossing at South Napa Junction Road. The circumstances supporting our previous order that authorized the establishment of a public at-grade crossing at Donaldson Way are materially unchanged, so we also reopen A.01-09-021 and determine that the authority we granted in that proceeding should be extended as requested by the City.
