The Assigned Commissioner's Ruling

On November 1, 2001, the Assigned Commissioner issued a ruling granting conditional interim authority for the applicant to begin construction of all grade crossings prior to a final commission decision on the consolidated applications.

The Ruling was based upon several considerations:

1. Applicant alleged severe potential cost overruns caused by the time necessary to secure regulatory approval;

2. Applicant was willing to accept numerous conditions, including the cost of undoing any construction required by further order of this Commission; and

3. There would be no environmental consequences because no trains would be allowed to operate until the Commission had issued a final order in the proceeding.

The Assigned Commissioner's Ruling provided that:

"1. Applicant may construct its light rail line in accordance with the Applications consolidated in this proceeding.

"2. In accepting this Ruling Applicant agrees not to argue or allude to any costs of remedial work attributable to construction performed under authority of this Ruling in any brief, pleading, oral argument, or ex parte meeting with the Commission, any Commissioners, or employee of the Commission.

"3. Applicant accepts this authority with full knowledge that one or more of the Protestants may be successful in the final Commission decision. Should this occur Applicant acknowledges it will be required to undo any construction contrary to the Commission decision. Cost of this remedial action may well exceed the cost Applicant now claims is at risk if it is not permitted to continue construction.

"4. Applicant shall give notice of its intentions with regard to this Ruling within 15 days of the date of the Ruling. All parties shall be served with this notice by Applicant."