Procedural History

After OII 07-07-006 was issued, CPSD notified railroads, light rail transit agencies, cities, counties, and other interested parties that nominations for grade separation projects proposed to be included in the current priority list were due by October 19, 2007. CPSD received a total of 119 timely nominations for projects to be included in the current list.¹ By ruling issued on December 10, 2007, the assigned Administrative Law Judge (ALJ) established a procedural schedule for concluding the FY 2008-2009 part of the proceeding. After evaluating each nominated project, Staff produced a preliminary priority list on January 25, 2008, from the data furnished in the written nominations.

The ALJ held hearings in San Francisco and Los Angeles between March 3 and 6, 2008. At the conclusion of the hearings the list was adjusted to reflect the withdrawal of certain nominations and the receipt of updated information.² CPSD issued a revised priority list incorporating the updates on April 15, 2008, and the matter was submitted as of that date.

¹ Two additional nominations were subsequently accepted at the time of the hearings.

² Three nominations were withdrawn by parties at the hearings. On April 3, after the hearings, Imperial County furnished blocking delay information which was missing from its original nomination, and the ALJ granted leave to amend its nomination to include this information.