Conclusion of Law

The application should be granted as set forth in the following order.

ORDER

IT IS ORDERED that:

1. Santa Clara Valley Transportation Authority (VTA) is authorized to construct an at-grade crossing at West San Carlos Street, to be identified as crossing 82D-3.8, by the light rail transit line of the Vasona Light Rail Project in the City of San Jose, Santa Clara County, as set forth in Appendices A, B, and C and as more fully described in the application.

2. Clearances and walkways shall be in accordance with General Order (GO) 143-B.

3. Protection at the crossing shall be four PUC Standard No. 9 automatic gate-type signals (GO 75-C) as indicated by text and plans attached to the application and as further described by Appendix A of this order.

4. Construction and maintenance costs shall be borne in accordance with an agreement that has been entered into between the parties. A copy of the agreement shall be filed with the Commission prior to starting construction.

5. Within 30 days after completion of the work under this order, VTA shall notify the Commission in writing that the authorized work was completed.

6. This authorization shall expire if not exercised within two years unless time is extended or if the above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity, or safety so require.

7. The application is granted as set forth above.

8. Application 01-05-065 is closed.

This order becomes effective 30 days from today.

Dated February 7, 2002, at San Francisco, California.

LORETTA M. LYNCH

President

HENRY M. DUQUE

RICHARD A. BILAS

CARL. W. WOOD

GEOFFREY F. BROWN

Commissioners

(End of Appendix A)

(End of Appendix B)

(End of Appendix C)